		IV
		111th CONGRESS
		1st Session
		H. RES. 326
		IN THE HOUSE OF REPRESENTATIVES

			April 2, 2009
			Mr. McMahon submitted
			 the following resolution; which was referred to the
			 Committee on Energy and
			 Commerce

		RESOLUTION
		Expressing support for designation of the
		  week of April 13, 2009, through April 17, 2009, as Protect Your Pharmacy
		  Week, and for other purposes.

		Whereas with a renewed national spotlight on prescription
			 drug abuse, it is important to note the related issue of crimes against
			 pharmacies;
		Whereas there are indications that the frequency of
			 violent acts to obtain controlled substances in our Nation’s pharmacies is on
			 the rise;
		Whereas it is estimated that prescription drug crime is
			 the source of between 25 to 30 percent of the country’s drug problem, according
			 to the National Association of Drug Diversion Investigators;
		Whereas pharmacy owners are on the front line of this new
			 war on drugs and need to know how to protect their pharmacy, community,
			 patients, and the environment;
		Whereas in April 2008, the National Community Pharmacists
			 Association (NCPA), Federal Bureau of Investigation Law Enforcement Executive
			 Development Association (FBI LEEDA) and Purdue Pharma L.P. (collectively with
			 NCPA and FBI LEEDA, the “Partnership”) announced a Partnership to combat
			 pharmacy crime by improving pharmacy safety and security;
		Whereas the Partnership declared the third week of April
			 as Protect Your Pharmacy Week and encouraged pharmacists in all
			 practice settings to take steps to protect staff and patients from pharmacy
			 crime, including prescription drug theft;
		Whereas NCPA and Purdue Pharma launched RxPATROL in 2003,
			 a collaborative effort between industry and law enforcement designed to
			 collect, collate, analyze, and disseminate pharmacy theft information;
		Whereas RxPATROL helps protect pharmacies and ensures
			 legitimate patients' access to life-sustaining medicines;
		Whereas RxPATROL has teamed up with neighborhood crime
			 fighting groups such as Crime Stoppers;
		Whereas by working with local media outlets, Crime
			 Stoppers can expedite the identification and apprehension of suspects who
			 commit crimes;
		Whereas community pharmacists can not only benefit from
			 this initiative by helping law enforcement apprehend pharmacy robbers, but
			 community pharmacists can also gain access to important information on robbery
			 trends and patterns that will help reduce their vulnerability to theft;
		Whereas by making this information available to
			 pharmacists, NCPA and Purdue Pharma hope to reduce the number of pharmacy
			 thefts across the country; and
		Whereas the week of April 13, 2009, through April 17,
			 2009, is an appropriate week to designate as “Protect Your Pharmacy Week”: Now,
			 therefore, be it

		That the House of
			 Representatives—
			(1)supports the designation of Protect
			 Your Pharmacy Week;
			(2)recognizes the
			 continuing importance of pharmacies; and
			(3)encourages
			 pharmacies to take steps to reduce their vulnerability to theft.


110 HR 981 IH: Great Lakes Short Sea Shipping

U.S. House of Representatives
2007-02-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 981
		IN THE HOUSE OF REPRESENTATIVES

			February 12, 2007
			Mrs. Jones of Ohio
			 (for herself and Mr. English of
			 Pennsylvania) introduced the following bill; which was referred to
			 the Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to exempt from
		  the harbor maintenance tax certain commercial cargo loaded or unloaded at
		  United States ports in the Great Lakes Saint Lawrence Seaway
		  System.

		1.Short titleThis Act may be cited as the
			 Great Lakes Short Sea Shipping
			 Enhancement Act of 2007.
		2.Exemption of
			 certain commercial cargo from the harbor maintenance tax
			(a)In
			 generalSection 4462 of the Internal Revenue Code of 1986 is
			 amended by redesignating subsection (i) as subsection (j) and by inserting
			 after subsection (h) the following new subsection:

					(i)Exemption for
				certain cargo transported on the Great Lakes Saint Lawrence Seaway
				System
						(1)In
				generalNo tax shall be imposed under section 4461(a) with
				respect to—
							(A)commercial cargo (other than bulk cargo)
				loaded at a port in the United States located in the Great Lakes Saint Lawrence
				Seaway System and unloaded at another port in the United States located in such
				system, and
							(B)commercial cargo (other than bulk cargo)
				unloaded at a port in the United States located in the Great Lakes Saint
				Lawrence Seaway System which was loaded at a port in Canada located in such
				system.
							(2)Bulk
				cargoFor the purpose of paragraph (1), the term bulk
				cargo shall have the meaning given such term by section 53101(1) of
				title 46, United States Code (as in effect on the date of the enactment of this
				section).
						(3)Great Lakes
				Saint Lawrence Seaway SystemFor purposes of this subsection, the term
				Great Lakes Saint Lawrence Seaway System means the waterway
				between Duluth, Minnesota and Sept. Iles, Quebec, encompassing the five Great
				Lakes, their connecting channels, and the Saint Lawrence
				River.
						.
			(b)Effective
			 dateThe amendments made by this section shall take effect on the
			 date of enactment of this Act.


113 HRES 535 IH: Supporting the goals and ideals of “Financial Literacy Month”.
U.S. House of Representatives
2014-04-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		2d Session
		H. RES. 535
		IN THE HOUSE OF REPRESENTATIVES

			April 2, 2014
			Mr. Hinojosa (for himself and Mr. Stivers) submitted the following resolution; which was referred to the Committee on Oversight and Government Reform

		RESOLUTION
		Supporting the goals and ideals of Financial Literacy Month.

		Whereas personal financial literacy is essential to ensure that individuals are prepared to make
			 informed financial choices so that they can become successful heads of
			 household, investors, entrepreneurs, and business leaders;
		Whereas financial education is the first line of defense against financial fraud and securing a
			 prosperous future;
		Whereas according to the Federal Deposit Insurance Corporation, at least 28.2 percent of households
			 in the United States are unbanked or underbanked and, subsequently, have
			 missed opportunities for savings, lending, and basic financial services;
		Whereas almost 55.3 percent of Black households, and 48.6 percent of Hispanic households are either
			 unbanked or underbanked;
		Whereas according to the 2013 Consumer Financial Literacy Survey Final Report of the National
			 Foundation for Credit Counseling, 40 percent of adults in the United
			 States gave themselves a grade of C, D, or F on their knowledge of
			 personal finance;
		Whereas the 2014 Retirement Confidence Survey conducted by the Employee Benefit Research Institute
			 found that only 18 percent of workers were very confident about having enough money for a comfortable retirement, up by 5 percent points from the previous
			 year, but a sharp decline in worker confidence from the 27 percent of
			 workers who were very confident in 2007;
		Whereas according to the 2014 Retirement Confidence Survey conducted by the Employee Benefit
			 Research Institute, less than half of workers (44 percent) in the United
			 States have tried to calculate how much they need to save for retirement;
		Whereas the 2014 Retirement Confidence Survey conducted by the Employee Benefit Research Institute
			 found that 58 percent of workers and 44 percent of retirees report having
			 a problem with their level of debt;
		Whereas according to a 2014 Flow of Funds report by the Board of Governors of the Federal Reserve System, household debt stood at
			 $13,100,000,000,000 at the end of the fourth quarter of 2013;
		Whereas according to the 2013 Consumer Financial Literacy Survey Final Report of the National
			 Foundation for Credit Counseling, 26 percent, or more than 61,000,000
			 adults, admit to not paying all of their bills on time, a decrease from 33
			 percent or 77,000,000 adults in 2012;
		Whereas according to the 2013 Consumer Financial Literacy Survey Final Report of the National
			 Foundation for Credit Counseling, only 40 percent of adults keep close
			 track of their spending;
		Whereas according to the 2013 Consumer Financial Literacy Survey Final Report of the National
			 Foundation for Credit Counseling, 31 percent of adults in the United
			 States report that they have no savings, and 43 percent of United States
			 adults say they are saving less in 2013 than the year before;
		Whereas according to the seventh Council for Economic Education biennial Survey of the States 2014:
			 Economic, Personal Finance, and Entrepreneurship Education in Our Nation's
			 Schools, only 22 States require students to take an economics course as a
			 high school graduation requirement, and only 16 States require the testing
			 of student knowledge in economics, down from 25 in 1998;
		Whereas according to the seventh Council for Economic Education biennial Survey of the States 2014:
			 Economic, Personal Finance, and Entrepreneurship Education in Our Nation's
			 Schools, only 17 States require students to take a personal finance course
			 either independently or as part of an economics course as a high school
			 graduation requirement;
		Whereas according to the 2013 Girl Scout Research Institute's report, Having It All: Girls & Financial Literacy, 90 percent of girls say it is important to learn how to manage money but just 12 percent say they
			 feel confident in making financial decisions;
		Whereas expanding access to the mainstream financial system will provide individuals with less
			 expensive and more secure options for managing finances and building
			 wealth;
		Whereas quality personal financial education is essential to ensure that individuals are prepared
			 to manage money, credit, and debt, and to become responsible workers,
			 heads of households, investors, entrepreneurs, business leaders, and
			 citizens;
		Whereas increased financial literacy empowers individuals to make wise financial decisions and
			 reduces the confusion caused by an increasingly complex economy;
		Whereas a greater understanding of, and familiarity with, financial markets and institutions will
			 lead to increased economic activity and growth;
		Whereas in 2003, Congress found it important to coordinate Federal financial literacy efforts and
			 formulate a national strategy; and
		Whereas in light of that finding, Congress passed the Financial Literacy and Education Improvement
			 Act, establishing the Financial Literacy and Education Commission: Now,
			 therefore, be it

		That the House of Representatives—
			(1)supports the goals and ideals of Financial Literacy Month, to raise public awareness about—
				(A)the importance of personal financial education in the United States; and
				(B)the serious consequences that may result from a lack of understanding about personal finances; and
				(2)calls on the Federal Government, States, localities, schools, nonprofit organizations, businesses,
			 and the people of the United States to support the goals and ideals of Financial Literacy Month with appropriate programs and activities.


116 HR 3201 IH: Providing Assistance for Vital Enhancements Act
U.S. House of Representatives
2021-05-13
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. 3201IN THE HOUSE OF REPRESENTATIVESMay 13, 2021Mr. Lamb (for himself, Mr. Gibbs, and Mr. Carbajal) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo provide funds to State transportation departments for surface transportation projects.1.Short titleThis Act may be cited as the Providing Assistance for Vital Enhancements Act or the PAVE Act.2.Assistance to state transportation departments(a)Formula grant programFunds made available under this section shall be—(1)available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code;(2)apportioned not later than 30 days after the date of enactment of this Act; and(3)distributed to States in the same ratio as the obligation limitation for fiscal year 2020 was distributed among the States in accordance with the formula specified in subparagraphs (A) and (B) of section 120(a)(5) of division H of Public Law 116–94. (b)Eligible uses of funds(1)In generalA State may use the funds provided under subsection (f) for—(A)activities eligible under section 133 (b) of title 23, United States Code; and(B) administrative and operating expenses, including the salaries of employees (including employees who have been placed on administrative leave) or contractors, information technology, and availability payments. (2)Special ruleThe expenses under paragraph (1)(B) are not required to be included in a transportation improvement plan or statewide transportation improvement plan under sections 134 and 135, of title 23 United States Code.(c)Federal share(1)In generalNotwithstanding section 120 of title 23, United States Code, the Federal share for funds apportioned for fiscal year 2021 under this Act, at the option of the recipient, shall be up to 100 percent.(2)Non-federal shareFunds provided under this section shall be available for any non-Federal share of project costs required under title 23, United States Code, and for the non-Federal share of grants awarded by the Department of Transportation for Better Utilizing Investments Leveraging Development (BUILD) grants.(d)Prevailing rate of wageNotwithstanding any other provision of law, the Secretary of Transportation shall require projects funded under this section to comply with of section 113(a) of title 23, United States Code, with respect to all construction work, in the same manner that a recipient of assistance under chapter 1 of such title is required to comply with such subsection for construction work performed on Federal-aid highway projects.(e)DefinitionsFor purposes of this Act—(1)the term “Secretary” means the Secretary of Transportation; and(2)the term “State ” has the same meaning given such term in section 101(a)(26) of title 23, United States Code.(f)Funding(1)In generalOut of any funds in the General Fund of the Treasury not otherwise appropriated, there are appropriated to provide emergency assistance to States under this section, $18,000,000,000 for fiscal year 2021, to remain available through fiscal year 2024.(2)Emergency designation(A)In generalThe amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(g)).(B)Emergency requirementThe amount made available by this subsection is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress.(C)Designation in SenateIn the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018.


		IV
		112th CONGRESS
		1st Session
		H. RES. 503
		IN THE HOUSE OF REPRESENTATIVES

			December 20, 2011
			Mr. Nugent submitted
			 the following resolution; which was referred to the
			 Committee on Armed
			 Services

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that the United States should leave no member of the Armed
		  Forces unaccounted for in the withdrawal of forces from Iraq and
		  Afghanistan.

		Whereas the United States is a Nation of great honor and
			 integrity;
		Whereas the United States has made a sacred promise to
			 members of the Armed Forces who are deployed overseas in defense of this
			 country that their sacrifice and service will never be forgotten; and
		Whereas the United States can never thank the proud
			 members of the Armed Forces enough for what they do for this country on a daily
			 basis: Now, therefore, be it

		That the House of
			 Representatives—
			(1)believes that abandoning the search efforts
			 for members of the Armed Forces who are missing or captured in the line of duty
			 is unacceptable;
			(2)believes that the
			 United States has a responsibility to keep the promises made to members of the
			 Armed Forces who risk their lives on a daily basis on behalf of their fellow
			 Americans;
			(3)supports the
			 United States Soldier’s Creed and the Warrior Ethos, which state that I
			 will never leave a fallen comrade; and
			(4)believes that, while the United States is
			 beginning the strategic withdrawal of forces from Iraq and Afghanistan, the
			 United States must continue to fulfill these important promises to members of
			 the Armed Forces who are currently in a missing status as a result of service
			 in either Iraq and Afghanistan.


114 HR 2244 IH: To establish a Strategic Transformer Reserve program, and for other purposes.
U.S. House of Representatives
2015-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 2244
		IN THE HOUSE OF REPRESENTATIVES

			May 8, 2015
			Mrs. Ellmers of North Carolina (for herself and Mr. McNerney) introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To establish a Strategic Transformer Reserve program, and for other purposes.

		1.Strategic Transformer Reserve program
 (a)FindingCongress finds that the storage of strategically located spare large power transformers will diminish the vulnerability of the United States to multiple risks facing electric grid reliability, including physical attack, cyber attack, electromagnetic pulse, geomagnetic disturbances, severe weather, and seismic events.
 (b)DefinitionsIn this section: (1)Bulk-power systemThe term bulk-power system has the meaning given such term in section 215(a) of the Federal Power Act (16 U.S.C. 824o(a)).
 (2)Critically damaged large power transformerThe term critically damaged large power transformer means a large power transformer that— (A)has sustained extensive damage such that—
 (i)repair or refurbishment is not economically viable; or (ii) the extensive time to repair or refurbish the large power transformer would create an extended period of instability in the bulk-power system; and
 (B)prior to sustaining such damage was part of the bulk-power system. (3)Large power transformerThe term large power transformer means a power transformer, including related critical equipment, that is, or is intended to be, a part of the bulk-power system, with a maximum nameplate rating of 100 megavolt-amperes or higher.
 (4)SecretaryThe term Secretary means the Secretary of Energy. (5)Spare large power transformerThe term spare large power transformer means a large power transformer that is stored within the Strategic Transformer Reserve to be available to temporarily replace a critically damaged large power transformer.
				(c)Strategic Transformer Reserve plan
 (1)PlanNot later than one year after the date of enactment of this Act, the Secretary, acting through the Office of Electricity Delivery and Energy Reliability, shall prepare and submit to Congress for approval a plan to establish a Strategic Transformer Reserve for the storage, in strategically located facilities, of spare large power transformers in sufficient numbers to temporarily replace critically damaged large power transformers.
 (2)InclusionsThe Strategic Transformer Reserve plan shall include a description of— (A)the appropriate number of spare large power transformers and total capacity in megawatts necessary in the Strategic Transformer Reserve to provide or restore sufficient resiliency to the bulk-power system to mitigate significant impacts to the electric grid resulting from—
 (i)physical attack; (ii)cyber attack;
 (iii)electromagnetic pulse attack; (iv)geomagnetic disturbances;
 (v)severe weather; or (vi)seismic events;
 (B)the potential locations for, and feasibility and appropriate number of, strategic storage locations, including consideration of—
 (i)the physical security of such locations; (ii)the protection of the confidentiality of such locations; and
 (iii)the proximity of such locations to sites of potentially critically damaged large power transformers, so as to enable efficient delivery of spare large power transformers to such sites;
 (C)the degree of flexibility of spare large power transformers in the Strategic Transformer Reserve to conform to different substation configurations, including consideration of transformer—
 (i)power and voltage rating for each winding; (ii)overload requirements;
 (iii)impedance between windings; (iv)configuration of windings; and
 (v)tap requirements; (D)an estimate of the direct cost of the Strategic Transformer Reserve, as proposed, including—
 (i)the cost of storage facilities for the spare large power transformers; (ii)the cost of the spare large power transformers; and
 (iii)management, maintenance, and operation costs; (E)the funding options available to establish, stock, manage, and maintain the Strategic Transformer Reserve, including consideration of public-private cost-sharing options;
 (F)the ease and speed of transportation, installation, and energization of spare large power transformers, including consideration of factors such as—
 (i)transformer transportation weight; (ii)transformer size;
 (iii)topology of critical substations; (iv)availability of appropriate transformer mounting pads;
 (v)flexibility of the spare large power transformers as described in subparagraph (C); and (vi)ability to rapidly transition a spare large power transformer from storage to energization;
 (G)eligibility criteria for withdrawal of spare large power transformers from the Strategic Transformer Reserve to replace critically damaged large power transformers, including consideration of related existing industry programs;
 (H)the process by which owners of critically damaged large power transformers may apply for a withdrawal from the Strategic Transformer Reserve;
 (I)the process by which spare large power transformers withdrawn from the Strategic Transformer Reserve are returned to the Strategic Transformer Reserve;
 (J)any cost-share or rental fees determined appropriate for restocking returned spare large power transformers to the Strategic Transformer Reserve to be paid by owners of critically damaged large power transformers that have withdrawn such spare large power transformers; and
 (K)other considerations for designing, constructing, stocking, and managing the Strategic Transformer Reserve.
 (d)Congressional approval of Strategic Transformer Reserve planThe Secretary may not establish a Strategic Transformer Reserve until Congress has approved the plan submitted pursuant to subsection (c).
 (e)RestrictionNo funds may be used by the Secretary to establish a Strategic Transformer Reserve without prior Congressional approval of the plan submitted pursuant to subsection (c).


116 HR 8695 IH: Protecting Retirement Savers and Everyday Investors Act
U.S. House of Representatives
2020-10-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8695IN THE HOUSE OF REPRESENTATIVESOctober 27, 2020Mr. McHenry (for himself and Mr. Huizenga) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo impose a limitation on taxation and fees on transactions by certain securities industry participants, and for other purposes.1.Short titleThis Act may be cited as the Protecting Retirement Savers and Everyday Investors Act.2.FindingsCongress finds the following:(1)The United States capital markets are sophisticated, complex, diverse, and highly interconnected interstate marketplaces that effect and process millions of trades daily for the benefit of individual and institutional investors throughout the United States, including the retirement accounts of union members, pensioners, teachers, policemen, firemen, first responders, and other working Americans, as well as the endowments of colleges and universities and charitable organizations.(2)The United States capital markets are the deepest, most liquid markets in the world in large measure because of the low transaction costs that investors pay to trade securities.(3)Under the Federal securities laws, the Securities and Exchange Commission serves as the primary supervisor and regulator of the United States capital markets (with the assistance of other Federal regulators), while under State securities laws, State regulators serve a secondary function of helping to protect investors with respect to securities offered and sold within their States.(4)Also pursuant to the Federal securities laws, Congress directs the Securities and Exchange Commission to assess transaction fees upon the United States capital markets that are designed to recover the Commission’s costs of supervising and regulating the United States capital markets.(5)Some States have proposed taxes and fees that are based on securities transactions and processing activity related thereto from investors from other States and would raise costs for all United States investors, even investors outside of the States levying the taxes and fees.3.Limitation on taxation and fees on transactions by certain securities industry participants(a)In generalThe Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by adding at the end the following new title:XVIILIMITATION ON TAXATION AND FEES ON TRANSACTIONS BY CERTAIN SECURITIES INDUSTRY PARTICIPANTS1701.Limitation(a)In generalNo State or political subdivision thereof may impose a direct or indirect tax upon a securities industry participant where that tax is based upon—(1)the number or volume of securities transactions that the securities industry participant consummates or processes, in whole or in part, within that State or political subdivision or by utilizing personnel, resources, systems, facilities, vendors, technology, or infrastructure that are located in or that traverse that State or political subdivision; or(2)the value of such securities transactions.(b)Preservation of State and local taxing authorityExcept as provided in this section, nothing in this title shall be construed to modify, impair, or supersede, or authorize the modification, impairment, or superseding of, any State or local law pertaining to taxation that is otherwise permissible by or under the Constitution of the United States or other Federal law and in effect on the date of enactment of this Act.(c)Exception(1)In generalIndividual States may impose taxes and collections of those taxes on covered persons for transactions, which may have occurred within the national market system, to buy or sell securities of their own accord.(2)Covered person definedFor purposes of paragraph (1) and with respect to a State, the term covered person means—(A)an individual with primary residence and domicile in that State; and(B)businesses, corporations, and other entities that—(i)are not part of the national market system; and(ii)are domiciled in and subject to that State’s legal requirements.(d)DefinitionsFor purposes of this section:(1)Alternative trading systemThe term alternative trading system shall have the meaning set forth in section 242.300 of title 17, Code of Federal Regulations.(2)CommodityThe term commodity shall have the meaning set forth in section 1a of the Commodity Exchange Act (7 U.S.C. 1a(9)).(3)National securities exchangeThe term national securities exchange shall have the meaning given such term under section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 78f(a)).(4)ProcessThe term process shall include all activities involved directly or indirectly in effectuating a securities transaction, including entering, transmitting, routing, matching, and executing orders in securities, as well as clearing, settling, reporting, and consolidation and dissemination of data and any other incidental activity relating to securities transactions, including to the maintenance and operation of backup and disaster recovery facilities and systems.(5)Securities industry participantThe term securities industry participant means a federally regulated self-regulatory organization, national securities exchange, alternative trading system, securities information processor, commodities exchange, clearing agency, trade reporting facility, broker, dealer, or securities trading system or platform owned or operated by a broker or dealer.(6)Securities transactionThe term securities transaction means the purchase or sale of a security.(7)Other securities definitionsThe terms broker, clearing agency, dealer, exchange, securities information processor, security, and self-regulatory organization shall have the meanings given those terms, respectively, under section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))..(b)Clerical amendmentThe table of contents under section 1(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by adding at the end the following:TITLE XVII—LIMITATION ON TAXATION AND FEES ON TRANSACTIONS BY CERTAIN SECURITIES INDUSTRY PARTICIPANTS. Sec. 1701. Limitation..


		I
		111th CONGRESS
		1st Session
		H. R. 53
		IN THE HOUSE OF REPRESENTATIVES

			January 6, 2009
			Mr. Kirk (for
			 himself, Mr. Roskam,
			 Mr. Hinchey, and
			 Mr. Kucinich) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to deny
		  refinery expensing to owners of refineries that are permitted to increase the
		  discharge of pollutants into the Great Lakes.

		1.Short titleThis Act may be cited as the
			 Bad Polluters Act of
			 2009.
		2.Denial of refinery
			 expensing in the case of permits allowing increased pollution into the Great
			 Lakes
			(a)In
			 generalSection 179C of the Internal Revenue Code of 1986
			 (relating to election to expense certain refineries) is amended by adding at
			 the end the following new subsection:

					(i)Denial of
				expensing in cases of increased Great Lakes pollution
						(1)In
				generalSubsection (a) shall not apply to any taxpayer for any
				taxable year if such taxpayer—
							(A)is a Great Lakes
				polluter for such taxable year, or
							(B)is related to any
				taxpayer who is a Great Lakes polluter for the taxable year of such polluter
				which ends in or with such taxable year of the taxpayer.
							(2)Great Lakes
				polluterFor purposes of this
				subsection, the term Great Lakes polluter means any person for any
				taxable year if such person owns, directly or indirectly, any portion of a
				refinery which is covered by a National Pollutant Discharge Elimination System
				permit issued by the Environmental Protection Agency (or an equivalent permit
				issued by a State) which permits such refinery, for any period which is part of
				such taxable year, to discharge any pollutant into the Great Lakes in a
				quantity which (when expressed as an annual limitation) exceeds the quantity
				(if any) of such pollutant which was permitted to be discharged into the Great
				Lakes from such refinery for calendar year 2006 under any National Pollutant
				Discharge Elimination System permit (or equivalent permit).
						(3)Related
				personsFor purposes of this
				subsection, a person shall be treated as related to another person if such
				persons are treated as a single employer under subsection (a) or (b) of section
				52 or subsection (m) or (o) of section 414.
						(4)Special rule for
				new refineriesIn the case of any refinery originally placed in
				service after December 31, 2005—
							(A)paragraph (2)
				shall be applied by substituting the 1-year period beginning with the
				date that such refinery was originally placed in service for
				calendar year 2006, and
							(B)such refinery
				shall not be taken into account under this subsection with respect to any
				taxable year beginning before the end of such 1-year
				period.
							.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years ending after the date of the enactment of this Act.


117 HR 4031 IH: Retain Skilled Veterans Act
U.S. House of Representatives
2021-06-22
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. 4031IN THE HOUSE OF REPRESENTATIVESJune 22, 2021Mr. Moore of Utah (for himself, Mr. Wittman, Ms. Stefanik, Mrs. Bice of Oklahoma, Mr. Waltz, Mr. DesJarlais, Mr. Lamborn, Mr. Austin Scott of Georgia, Mrs. Hartzler, Mr. Kelly of Mississippi, Mr. Cole, Mr. Stewart, Mr. Obernolte, Mrs. Kirkpatrick, and Mr. Turner) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo modify the restriction in section 3326 of title 5, United States Code, relating to the appointment of retired members of the Armed Forces to positions in the Department of Defense to apply to positions at or above the GS–14 level.1.Short titleThis Act may be cited as the Retain Skilled Veterans Act.2.Limitation on appointment of retired members of the Armed Forces to certain positions in the Department of Defense(a)In generalSection 3326 of title 5, United States Code, is amended—(1)in the section heading, by inserting certain before positions; and (2)in subsection (b)—(A)by striking appointed and all that follows through Defense and inserting appointed to a position in the excepted or competitive service classified at or above GS–14 of the General Schedule (or equivalent) in or under the Department of Defense; and(B)in paragraph (1), by striking for the purpose and all that follows through Management.(b)Clerical amendmentThe table of sections at the beginning of subchapter I of chapter 33 of such title is amended in the item relating to section 3326 by inserting certain before positions.


117 S1851 IS: Clean Ocean And Safe Tourism Anti-Drilling Act
U.S. Senate
2021-05-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1851IN THE SENATE OF THE UNITED STATESMay 26, 2021Mr. Menendez introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the outer Continental Shelf in the Mid-Atlantic, South Atlantic, North Atlantic, and Straits of Florida planning areas.1.Short titleThis Act may be cited as the Clean Ocean And Safe Tourism Anti-Drilling Act or the COAST Anti-Drilling Act.2.Prohibition of
			 oil and gas leasing in certain areas of the outer Continental
 ShelfSection 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following:(q)Prohibition of
				oil and gas leasing in certain areas of the outer Continental
 ShelfNotwithstanding any other provision of this section or any other law, the Secretary of the Interior shall not issue a lease or any other authorization for the exploration, development, or production of oil, natural gas, or any other mineral in—(1)the Mid-Atlantic planning area;(2)the South Atlantic planning area;(3)the North Atlantic planning area; or(4)the Straits of Florida planning area..


117 HR 4883 IH: Candidates Afforded Dignity, Equality and Training (CADET) Act of 2021
U.S. House of Representatives
2021-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4883IN THE HOUSE OF REPRESENTATIVESJuly 30, 2021Mrs. Hartzler (for herself and Ms. Slotkin) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo ensure the parental guardianship rights of cadets and midshipmen consistent with individual and academic responsibilities, and for other purposes.1.Short titleThis Act may be cited as the Candidates Afforded Dignity, Equality and Training (CADET) Act of 2021.2.Prohibition on limiting of certain parental guardianship rights of cadets and midshipmen(a)In generalThe Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Transportation, in consultation with the Secretaries of the military departments and the Superintendent of each military service academy, as appropriate, shall prescribe in regulations policies ensuring that the parental guardianship rights of cadets and midshipmen are protected consistent with individual and academic responsibilities.(b)Protection of parental guardianship rightsThe regulations prescribed under subsection (a) shall provide that—(1)a cadet or midshipman of a military service academy may not be required to give up his or her parental guardianship rights in the event of a pregnancy occurring after the beginning of the cadet's or midshipman's first day of academic courses;(2)except as provided under subsection (c), military service academy may not dis-enroll a cadet or midshipman who becomes pregnant or fathers a child while enrolled at the academy; and(3)a cadet or midshipman who becomes pregnant while enrolled at a military service academy shall be allowed to take leave for up to one year and return to the academy to resume classes afterward.(c)Responsibilities of parents enrolled at military service academiesThe regulations prescribed under subsection (a) shall require cadets and midshipmen with dependents to establish a family care plan with appropriate academy leadership. The family care plan shall include the following provisions:(1)The care plan must include a full-time provider responsible for the dependent who is not enrolled at the military service academy, as another parent or guardian of the dependent or a family member of the cadet or midshipman. The full-time care provider must have either full power-of-attorney authority or guardianship rights in order to prevent situations where the cadet or midshipman is pulled away from his or her duties and responsibilities at the military service academy. The cadet or midshipman may not rely on base facilities or child-care services, and must be able to function as any other cadet, including residing in academy dormitories.(2)Except as provided under subsection (d), the cadet or midshipman may not receive additional benefits or concessions from the military service academy on account of having a dependent, such as money or time off.(3)A cadet or midshipman with a dependent may not be excused on account of such dependent from standard classes, training, traveling, fitness requirements, or any other responsibilities inherent to attending a military service academy.(4)If both parents of a dependent are cadets or midshipmen, they must agree on the family care plan or face expulsion (with no incurred obligations).(d)Options for pregnant cadets and midshipmenThe regulations prescribed under subsection (a) shall provide that females becoming pregnant while enrolled at a military service academy shall have, at a minimum, the following options:(1)At the conclusion of the current semester or when otherwise deemed medically appropriate, taking leave from the military service academy for up to one year followed by a return to full cadet or midshipman status.(2)Full release from the military service academy and any related obligations.(3)Enlistment in active-duty service, with all of the attendant benefits.(e)Treatment of males fathering a child while enrolled at military service academiesThe regulations prescribed under subsection (a) shall provide that males fathering a child while enrolled at a military service academy—(1)shall not be required to give up parental rights; and(2)shall not acquire any benefits or leave considerations as a result of fathering a child, except that—(A)academy leadership shall establish policies to allow cadets and midshipmen at least one week of leave to attend the birth, which must be used in conjunction with the birth; and(B)in the event the male father becomes the sole financial provider for a dependent, the academy shall provide the father the same options available to a cadet or midshipman who becomes a mother while enrolled, including remaining enrolled in accordance with a family care plan established pursuant to subsection (c) or selecting one of the options outlined in paragraphs (2) and (3) of subsection (d).(f)Rule of constructionNothing in this section shall be construed as requiring or providing for the changing of admission requirements at any of the military service academies.3.Military service academy definedIn this Act, the term military service academy means the following:(1)The United States Military Academy, West Point, New York.(2)The United States Naval Academy, Annapolis, Maryland.(3)The United States Air Force Academy, Colorado Springs, Colorado.(4)The United States Coast Guard Academy, New London, Connecticut.(5)The United States Merchant Marine Academy, Kings Point, New York.


115 S3626 IS: Keeping All Students Safe Act
U.S. Senate
2018-11-14
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.

II115th CONGRESS2d SessionS. 3626IN THE SENATE OF THE UNITED STATESNovember 14, 2018Mr. Murphy (for himself, Mrs. Murray, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo prohibit and prevent seclusion and to prevent and reduce the use of physical restraint in
			 schools, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Keeping All Students Safe Act. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Findings.Sec. 3. Purposes.Sec. 4. Definitions.Sec. 5. Minimum standards; rules of construction.Sec. 6. State plan and report requirements and enforcement.Sec. 7. Grants for State educational agencies.Sec. 8. National assessment.Sec. 9. Protection and advocacy systems.Sec. 10. Applicability to private schools and home schools.Sec. 11. Authorization of appropriations.
 2.FindingsCongress finds the following: (1)Restraint and seclusion have resulted in serious physical injury, psychological trauma, and death to children in public and private schools. National research shows students have been subjected to restraint and seclusion in schools as a means of discipline, to force compliance, or as a substitute for appropriate educational and behavioral support.
 (2)All children have the right to be free from physical or mental abuse, aversive behavioral interventions that compromise health and safety, and any restraint or seclusion imposed solely for purposes of discipline or convenience.
 (3)Safe, effective, evidence-based strategies are available to support children who display challenging behaviors in school settings. Training for staff focused on the dangers of restraint and seclusion as well as training in evidence-based positive behavior supports, de-escalation techniques, and physical restraint and seclusion prevention, can reduce the incidence of injury, trauma, and death.
 (4)School personnel have the right to work in a safe environment and should be provided training, resources, and support to prevent injury and trauma to themselves and others.
 (5)Despite the widely recognized risks of restraint and seclusion, a substantial disparity exists among many States and localities with regard to the protection and oversight of the rights of children and school personnel to a safe learning environment.
 (6)Children are subjected to restraint and seclusion at higher rates than adults. Physical restraint which restricts breathing or causes other physical trauma, as well as seclusion in the absence of continuous face-to-face monitoring, have resulted in the deaths of children in schools.
 (7)Children are protected from inappropriate restraint and the use of seclusion in other settings, such as hospitals, health facilities, and nonmedical community-based facilities. Similar protections are needed in schools, yet such protections must be established in a manner that acknowledges the differences of the school environment.
 (8)Research confirms that restraint and seclusion are not therapeutic, nor are these practices effective means to calm, discipline, or teach children. Restraint and seclusion may have an opposite effect, while simultaneously decreasing a child’s ability to learn.
 (9)The effective implementation of schoolwide positive behavior supports is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and staff perception of a safer teaching environment.
 (10)The Every Student Succeeds Act (Public Law 114–95), a bipartisan reauthorization of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) passed in 2015, requires States to support local educational agencies in improving school conditions through reducing the use of aversive behavioral interventions. The report issued by the Committee on Health, Education, Labor, and Pensions of the Senate regarding the Every Student Succeeds Act described aversive behavioral interventions as including seclusion and restraint. There is bipartisan agreement that schools must reduce seclusion and restraint to improve school conditions for all children.
 3.PurposesThe purposes of this Act are to— (1)prohibit seclusion in schools;
 (2)prevent seclusion, and prevent and reduce the use of physical restraint in schools; (3)ensure the safety of all students and school personnel in schools and promote a positive school culture and climate;
 (4)protect students from— (A)physical and mental abuse;
 (B)aversive behavioral interventions that compromise health and safety; (C)any seclusion;
 (D)any physical restraint imposed solely for purposes of discipline or convenience; (E)physical restraint and physical escort that is known to be life-threatening, including physical restraint that restricts breathing; and
 (F)physical restraint if contraindicated based on the student’s disability, heath care needs, or medical or psychiatric condition;
 (5)ensure that physical restraint is imposed in school only when a student’s behavior poses an imminent danger of serious physical injury to the student, school personnel, or others;
 (6)ensure that— (A)parents are fully informed of the prohibitions and requirements of this Act;
 (B)parents are fully informed of the policies on restraint and seclusion of the applicable school, local educational agency, and the State;
 (C)parents are notified when physical restraint has been utilized on their child or children; and (D)a meeting with parents occurs to discuss any incident in which physical restraint is imposed on their child pursuant to section 5(a)(6)(B); and
 (7)assist States, local educational agencies, and schools in— (A)establishing policies and procedures to keep all students, including students with the most complex and intensive behavioral needs, and school personnel safe;
 (B)providing school personnel with the necessary tools, training, and support to ensure the safety of all students and school personnel;
 (C)collecting and analyzing data on physical restraint in schools; and (D)identifying and implementing effective evidence-based models to prevent seclusion and reduce and prevent physical restraint in schools.
 4.DefinitionsIn this Act: (1)Applicable programThe term applicable program has the meaning given the term in section 400(c) of the General Education Provisions Act (20 U.S.C. 1221(c)).
 (2)Chemical restraintThe term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not—
 (A)prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and
 (B)administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law.
 (3)ESEA termsThe terms early childhood education program, educational service agency, elementary school, local educational agency, other staff, paraprofessional, parent, school leader, secondary school, specialized instructional support personnel, State, and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
 (4)Mechanical restraintThe term mechanical restraint has the meaning given the term in section 595(d)(1) of the Public Health Service Act (42 U.S.C. 290jj(d)(1)), except that the meaning shall be applied by substituting student’s for resident’s.
 (5)Military-connected dependentsThe term military-connected dependents means children described in subparagraphs (B) and (D)(i) of section 7003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1)).
 (6)Physical escortThe term physical escort has the meaning given the term in section 595(d)(2) of the Public Health Service Act (42 U.S.C. 290jj(d)(2)), except that the meaning shall be applied by substituting student for resident.
 (7)Physical restraintThe term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual’s arms, legs, torso, or head freely, except that such term does not include a physical escort, mechanical restraint, or chemical restraint.
 (8)Positive behavior interventions and supportsThe term positive behavior interventions and supports— (A)means a schoolwide, systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture (including a range of systemic and individualized positive strategies to reinforce desired behaviors and diminish reoccurrence of challenging behaviors), in order to achieve improved academic and social outcomes and increase learning for all students (including students with the most complex and intensive behavioral needs); and
 (B)encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors, diminish reoccurrence of challenging behaviors, and teach appropriate behaviors to students.
 (9)Protection and advocacy systemThe term protection and advocacy system means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043).
 (10)SchoolThe term school means— (A)an elementary school or secondary school; or
 (B)an entity that— (i)provides elementary and secondary education; and
 (ii)receives, or serves students who receive, support in any form from any program supported, in whole or in part, with Federal funds.
 (11)School personnelThe term school personnel means individuals who are employed by a school, or who perform services for a school on a contractual basis as—
 (A)school leaders; (B)teachers;
 (C)specialized instructional support personnel; (D)paraprofessionals; or
 (E)other staff. (12)School resource officerThe term school resource officer means a sworn law enforcement officer who is—
 (A)assigned by the employing police department to a local educational agency or school; (B)contracting with a local educational agency or school; or
 (C)employed by a local educational agency. (13)School security guardThe term school security guard means a contractor or an employee of a local educational agency or school responsible for addressing one or more of the following safety and crime prevention activities in and around a school:
 (A)Assisting school personnel in school safety incidents. (B)Educating students in crime and illegal drug use prevention and safety.
 (C)Developing or expanding community justice initiatives for students. (D)Training students in conflict resolution and supporting restorative justice programs.
 (E)Serving as a liaison between the school and outside agencies, including other law enforcement agencies.
 (F)Screening students or visitors to the school for prohibited items. (14)SeclusionThe term seclusion means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, except that such term does not include a time out.
 (15)SecretaryThe term Secretary means the Secretary of Education. (16)Special education schoolThe term special education school means a school that focuses primarily on serving the needs of students with disabilities under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794).
 (17)State-approved crisis intervention training programThe term State-approved crisis intervention training program means a training program approved by a State and the Secretary that, at a minimum, provides— (A)training in evidence-based techniques shown to be effective in the prevention of physical restraint;
 (B)evidence-based skills training related to positive behavior supports, safe physical escort, conflict prevention, understanding antecedents, de-escalation, and conflict management;
 (C)training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint;
 (D)training in first aid and cardiopulmonary resuscitation; (E)information describing State policies and procedures that meet the minimum standards established by regulations promulgated pursuant to section 5(a); and
 (F)certification for school personnel, school resource officers, and school security guards in the techniques and skills described in subparagraphs (A) through (D), which shall be required to be renewed on a periodic basis.
 (18)StudentThe term student means a student enrolled in a school, except that in the case of a student enrolled in a private school or private program, such term means a student who receives support in any form from any program or activity supported, in whole or in part, with Federal funds.
 (19)Time outThe term time out has the meaning given the term in section 595(d)(5) of the Public Health Service Act (42 U.S.C. 290jj(d)(5)), except that the meaning shall be applied by substituting student for resident.
			5.Minimum standards; rules of construction
			(a)Minimum standards
				(1)Regulations
 (A)In generalNot later than 180 days after the date of enactment of this Act, to protect each student from physical or mental abuse, aversive behavioral interventions that compromise student health and safety, seclusion, or physical restraint imposed solely for purposes of discipline or convenience or in a manner otherwise inconsistent with this Act, the Secretary shall promulgate regulations establishing minimum standards consistent with this subsection.
					(B)Head start
 (i)In generalThe Secretary of Health and Human Services, in coordination with the Secretary, shall promulgate regulations under this subsection with respect to Head Start agencies (including Early Head Start agencies) under the Head Start Act (24 U.S.C. 9801 et seq.).
 (ii)FundsFrom the amount appropriated under section 11, the Secretary may allocate funds to the Secretary of Health and Human Services to assist the Head Start agencies (including Early Head Start agencies) in establishing, implementing, and enforcing policies and procedures to meet the requirements established by regulations promulgated by the Secretary of Health and Human Services under clause (i).
 (2)Prohibited actionsEach school personnel, school security guard, and school resource officer shall be prohibited from imposing on any student the following:
 (A)Seclusion. (B)Mechanical restraints.
 (C)Chemical restraints. (D)Physical restraint or physical escort that is life threatening or that restricts breathing.
 (E)Physical restraint if contraindicated based on the student’s disability, health care needs, or medical or psychiatric condition, as documented in—
 (i)a health care directive or medical management plan; (ii)a behavior intervention plan;
 (iii)an individualized education program or an individualized family service plan (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401));
 (iv)a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); or
 (v)other relevant record made available to the State or local educational agency involved. (F)Physical restraint that is not in compliance with paragraph (3).
 (G)Any other form of aversive behavioral interventions. (3)Physical restraintThe use of physical restraint by any school personnel, school security guard, or school resource officer shall be considered in compliance with the minimum standards promulgated under this subsection only if each of the following requirements are met:
 (A)The student’s behavior poses an imminent danger of serious physical injury to the student, school personnel, school security guard, school resource officer, or others.
 (B)Less restrictive interventions would be ineffective in stopping such imminent danger of serious physical injury.
 (C)Such physical restraint is imposed by school personnel, or a school security guard or school resource officer, who—
 (i)continuously monitors the student face-to-face; or (ii)if school personnel safety, or the safety of a school security guard or school resource officer, is significantly compromised by such face-to-face monitoring, such personnel, guard, or officer, is in continuous direct visual contact with the student by looking directly at the student from a distance rather than electronically monitoring the student using a security camera or other system.
 (D)Such physical restraint is imposed by— (i)school personnel, or a school resource officer or school security guard, trained and certified by a State-approved crisis intervention training program; or
 (ii)school personnel, or a school security guard or school resource officer, not trained and certified as described in clause (i), in the case of a rare and clearly unavoidable emergency circumstance when school personnel, or a school resource officer or school security guard, trained and certified as described in clause (i) is not immediately available due to the unforeseeable nature of the emergency circumstance.
 (E)Such physical restraint ends immediately upon the cessation of the conditions described in subparagraph (A).
 (F)The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or primary mode of communication.
 (G)The physical restraint uses the least amount of force necessary to protect the student or others from the threatened injury.
 (4)TrainingEach State, in consultation with local educational agency officials, shall ensure that a sufficient number of school personnel are trained and certified by a State-approved crisis intervention training program to meet the needs of the specific student population in each school.
 (5)Prohibition on planned interventionThe use of physical restraint as a planned intervention shall not be written into a student’s education plan, individual safety plan, behavioral plan, or individualized education program (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), except that local educational agencies or schools may establish policies and procedures for use of physical restraint in school safety or crisis plans, provided that such a plan is not specific to any individual student.
 (6)Procedures following physical restraintEach school shall establish procedures to be followed after an incident involving the imposition of physical restraint upon a student, which shall include each of the following:
 (A)Procedures to provide to the parent of the student, with respect to such incident— (i)an immediate verbal or electronic communication, as soon as is practicable and not later than the same day as the incident; and
 (ii)written notification, as soon as is practicable, and not later than 24 hours after the incident that shall include, at minimum—
 (I)a description of the incident, including precipitating events; (II)positive interventions used prior to restraint;
 (III)the length of time of restraint; and (IV)a description of the serious physical injury of the student or others to necessitate the use of restraint.
 (B)A meeting between parents of the student and the school, as soon as is practicable, and not later than 5 school days following the incident (unless such meeting is delayed by written mutual agreement of the parent and school)—
 (i)which shall include, at a minimum— (I)the parent of such student;
 (II)the student involved (if appropriate); (III)the school personnel, school resource officer, or school security guard who imposed the restraint;
 (IV)a teacher of such student; (V)a school leader of such student; and
 (VI)an expert on behavior interventions, who may be a special education teacher; (ii)the purpose of which shall be to discuss the incident, as described by both the student and the school personnel, or the school resource officer or school security guard involved, including—
 (I)any precipitating events; (II)how the incident occurred; and
 (III)prior positive behavior interventions and supports used to de-escalate the situation; and (iii)which shall include—
 (I)the discussion of proactive strategies to prevent future need for the use of restraint; (II)(aa)for a student identified as eligible to receive accommodations under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), or accommodations or special education or related services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), a discussion of the need for a functional behavioral assessment and a behavior intervention plan; or
 (bb)for a student not identified as eligible to receive accommodations under the provisions of law described in item (aa), evidence of a referral for such accommodations or special education or related services, or documentation of the basis for declining to such a referral for the student;
 (III)provision to the parent, for use during the meeting, a written statement from each adult witness who was in the proximity of the student immediately before and during the time of the physical restraint, but was not directly involved in such restraint; and
 (IV)an assurance that in a case in which the student attends the meeting, the information communicated by the student in that meeting will be for purposes of debriefing an incident where restraint was imposed upon the student, and—
 (aa)may only be shared to the extent necessary to protect the safety of the student or others; and (bb)may not be used against the student in any disciplinary, criminal, or civil investigations or proceedings.
 (C)Any other procedures consistent with this Act that the Secretary determines appropriate. (b)Schools operated or funded by Department of the InteriorThe Secretary of the Interior shall ensure that schools operated or funded by the Department of the Interior comply with the regulations promulgated by the Secretary under subsection (a).
 (c)Schools operated or funded by the Department of DefenseThe Secretary of Defense shall ensure that schools operated or funded by the Department of Defense Education Activity or otherwise operated or funded by the Department of Defense for the education of military-connected dependents comply with the regulations promulgated by the Secretary under subsection (a).
			(d)Rules of construction
 (1)In generalNothing in this Act shall be construed to authorize the Secretary to promulgate regulations prohibiting the use of—
 (A)time out; and (B)devices implemented by trained school personnel, or utilized by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, including—
 (i)restraints for medical immobilization; (ii)adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or
 (iii)vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.
 (2)Law enforcementNothing in this Act shall be construed to prevent a sworn law enforcement officer from carrying out the duties of the officer under otherwise applicable law.
				6.State plan and report requirements and enforcement
 (a)State planNot later than 2 years after the Secretary promulgates regulations pursuant to section 5(a), and each year thereafter, each State educational agency shall submit to the Secretary a State plan that provides—
 (1)demonstrations to the Secretary that the State has in effect— (A)State policies and procedures that meet the minimum standards, including the standards with respect to State-approved crisis intervention training programs, established by regulations promulgated pursuant to section 5(a); and
 (B)a State mechanism to effectively monitor and enforce the minimum standards; (2)a description of the State policies and procedures, including a description of the State-approved crisis intervention training programs in such State and how the State ensures accurate and timely reporting to the Office for Civil Rights of the Department of Education;
 (3)a description of the State plans to ensure school personnel, students, and parents (including private school personnel, students, and parents) are aware of the State policies and procedures;
 (4)a description of the State activities described in the State plan and approved by the Secretary as required under section 1111(g) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)) that reduce aversive behavioral interventions and improve school conditions;
 (5)a description of the State efforts to engage stakeholders for input on the development of State policies and procedures to meet the minimum standards of this Act, which shall include consultation with—
 (A)parents; (B)individuals with disabilities;
 (C)advocacy organizations representing individuals with disabilities; (D)teachers;
 (E)school personnel; (F)administrators;
 (G)civil rights organizations; and (H)mental health experts; and
 (6)a description of oversight of schools that includes— (A)monitoring use of restraint in the schools;
 (B)monitoring compliance with the prohibition on seclusion in schools; (C)not less than every 6 months, discussions between State educational agency officials and school leaders to discuss the progress of reducing the use of physical restraint in schools;
 (D)not less than annual site visits to the special education schools in the State; and (E)technical assistance to focus on the use of proactive, positive interventions.
					(b)Reporting
 (1)Reporting requirementsNot later than 2 years after the date the Secretary promulgates regulations pursuant to section 5(a), and each year thereafter, each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g)) prepare and submit to the Secretary, and make available to the public, a report that includes the information described in paragraph (2), with respect to each local educational agency, each special education school, and each school not under the jurisdiction of a local educational agency, located in the same State as such State educational agency.
				(2)Information requirements
 (A)General information requirementsThe report described in paragraph (1) shall include— (i)with respect to physical restraint imposed upon students in the preceding full academic year—
 (I)the total number of such incidents; (II)the total number of students upon whom such restraint was imposed;
 (III)in the case in which such restraint was imposed more than twice on a student, the number of times such student was so restrained; and
 (IV)the total number of such incidents where the use of restraint is referred to law enforcement; and (ii)other information relevant to implementation of this Act, as determined by the Secretary.
						(B)Disaggregation
 (i)General disaggregation requirementsThe information described in subparagraph (A) shall be disaggregated— (I)by the total number of incidents in which physical restraint was imposed upon a student—
 (aa)that resulted in injury; (bb)that resulted in death; and
 (cc)in which the school personnel imposing physical restraint were not trained and certified as described in section 5(a)(3)(D)(i);
 (II)by the demographic characteristics of all students upon whom physical restraint was imposed, including disaggregation—
 (aa)by each major racial and ethnic group, economically disadvantaged students as compared to students who are not economically disadvantaged, English proficiency status, sex, and migrant status;
 (bb)by students with an individualized education program under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d));
 (cc)by students who have a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
 (dd)by students who have a plan developed pursuant to title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.);
 (III)by the total number of incidents of restraint in which school personnel, or a school resource officer or school security guard was involved, which may include the school personnel, school resource officer, or school security guard imposing the physical restraint or assisting with the physical restraint; and
 (IV)by the type of school, including disaggregation by special education school, charter school, and private school.
 (ii)Unduplicated count; exceptionThe disaggregation required under clause (i)— (I)shall be carried out in a manner to ensure an unduplicated count of the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student; and
 (II)shall not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student.
							(c)Enforcement
				(1)In general
 (A)Use of remediesIf a State educational agency fails to comply with subsection (a) or (b), the Secretary shall— (i)(I)withhold, in whole or in part, further payments under an applicable program in accordance with section 455 of the General Education Provisions Act (20 U.S.C. 1234d);
 (II)require a State educational agency to submit, and implement, within 1 year of such failure to comply, a corrective plan of action, which shall include specific timeframes and actions, and which may include redirection of funds received under an applicable program; or
 (III)issue a complaint to compel compliance of the State educational agency through a cease and desist order, in the same manner the Secretary is authorized to take such action under section 456 of the General Education Provisions Act (20 U.S.C. 1234e); and
 (ii)refer the State to the Civil Rights Division of the Department of Justice and the Office for Civil Rights of the Department of Education for an investigation.
 (B)Cessation of withholding of fundsWhenever the Secretary determines (whether by certification or other appropriate evidence) that a State educational agency that is subject to the withholding of payments under subparagraph (A)(i) has cured the failure providing the basis for the withholding of payments, the Secretary shall cease the withholding of payments with respect to the State educational agency under such subparagraph.
 (2)Rule of constructionNothing in this subsection shall be construed to limit the Secretary’s authority under the General Education Provisions Act (20 U.S.C. 1221 et seq.).
				(3)Rights and remedies of students and parents
 (A)In generalNothing in this Act shall be construed— (i)to restrict or limit, or allow the Secretary to restrict or limit, any other rights or remedies otherwise available to students or parents under Federal, State, or local law; or
 (ii)to restrict or limit Federal, State, or local laws, regulations, or policies that provide for more stringent prohibitions or limitations on the use of seclusion, restraint, or aversive interventions than the prohibitions or limitations that are provided for in this Act.
 (B)Relief under Federal, State, and local lawA student or parent may file a civil action under the Constitution, the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), or other applicable Federal, State, or local law in the case of the use of seclusion or restraint in violation of this Act seeking relief from the use of seclusion or restraint, or other available remedies with respect of such student.
 (C)NonapplicabilitySection 615(l) of the Individuals with Disabilities Education Act (20 U.S.C. 1415(l)) shall not apply to an action filed pursuant to this paragraph, regardless of whether or not the student is seeking relief that is also available under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.).
 (d)Head startThe Secretary of Health and Human Services, in coordination with the Secretary, shall— (1)promulgate regulations with respect to how the reporting requirements described under subsection (b) shall be carried out with respect to Head Start agencies (including Early Head Start agencies) under the Head Start Act (42 U.S.C. 9801 et seq.); and
 (2)carry out the enforcement activities described in subsection (c) with respect to such agencies. 7.Grants for State educational agencies (a)In generalFrom the amount appropriated under section 11, the Secretary may award, on a competitive basis, grants to State educational agencies to assist the agencies in—
 (1)establishing, implementing, and enforcing the policies and procedures to meet the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a);
 (2)improving State and local capacity to collect and analyze data related to physical restraint; and (3)improving school climate and culture by implementing schoolwide positive behavior interventions and supports, mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions.
 (b)Duration of grantA grant under this section shall be awarded to a State educational agency for a 3-year period. (c)ApplicationEach State educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including information on how the State educational agency will target resources to schools and local educational agencies in need of assistance related to preventing seclusion, and preventing and reducing physical restraint.
			(d)Authority To make subgrants
 (1)In generalA State educational agency receiving a grant under this section may use such grant funds to award subgrants, on a competitive basis, to local educational agencies.
 (2)ApplicationA local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require.
				(e)Private school participation
 (1)In generalA local educational agency receiving subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel may participate, on an equitable basis, in activities supported by subgrant funds under this section.
 (2)Public control of fundsThe control of grant and subgrant funds under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds, materials, equipment, and property.
				(3)Provision of services
 (A)In generalServices described under this section shall be provided— (i)by employees of a public agency; or
 (ii)through contract by the public agency with an individual or entity. (B)Independence; public agencyAn individual or entity described in subparagraph (A)(ii) that contracts with a public agency to provide services under this section shall be independent of a private school and of any religious organization. Individuals providing such services shall be employed by and under the control and supervision of the public agency.
 (C)Commingling of funds prohibitedFunds used to provide services under this section shall not be commingled with non-Federal funds. (f)Required activitiesA State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following:
 (1)Establishing and implementing policies to prohibit seclusion, mechanical restraint, chemical restraint, and other forms of prohibited restraint in schools, consistent with the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a).
 (2)Implementing and evaluating strategies and procedures to prevent seclusion and to prevent and reduce physical restraint in schools, consistent with such standards.
 (3)Providing professional development, training, and certification for school personnel to meet such standards.
 (4)Analyzing the information included in a report prepared under section 6(b) to identify student, school personnel, and school needs related to preventing seclusion, and preventing and reducing the use of physical restraint.
 (5)Providing training to school resource officers, school security guards, and, as appropriate, school personnel, on how to comply with education and civil rights laws, including the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), when interacting with students with disabilities, including, as applicable, when conducting law enforcement activities involving a students with disabilities.
 (g)Additional authorized activitiesIn addition to the required activities described in subsection (f), a State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section may use such grant or subgrant funds for one or more of the following:
 (1)Developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to schoolwide positive behavior interventions and supports, including improving coaching, facilitation, and training capacity for administrators, teachers, specialized instructional support personnel, and other staff.
 (2)Providing technical assistance to implement evidence-based systematic approaches to schoolwide positive behavior interventions and supports, including technical assistance for data-driven decisionmaking related to behavioral supports and interventions in the classroom.
 (3)Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement schoolwide positive behavior interventions and supports with fidelity.
 (4)Supporting other local positive behavior interventions and supports implementation activities consistent with this subsection.
 (5)Developing, implementing, and providing technical assistance to support evidence-based programs that reduce the likelihood of physical restraint, and support students in reducing behavior that can result in physical restraint, such as mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions.
 (h)Evaluation and reportEach State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant—
 (1)evaluate the State’s progress toward the prevention of seclusion and the prevention and reduction of physical restraint in the schools located in the State, consistent with the minimum standards established by regulations promulgated by the Secretary pursuant to section 5(a); and
 (2)submit to the Secretary a report on such progress. 8.National assessment (a)National assessmentThe Secretary shall carry out a national assessment to determine the effectiveness of this Act, which shall include—
 (1)analyzing data related to incidents of physical restraint in schools; (2)analyzing the effectiveness of Federal, State, and local efforts to prevent seclusion and prevent and reduce the number of physical restraint incidents in schools;
 (3)identifying the types of programs and services that have demonstrated the greatest effectiveness in preventing seclusion and preventing and reducing the number of physical restraint incidents in schools; and
 (4)identifying evidence-based personnel training models with demonstrated success in preventing seclusion and preventing and reducing the number of physical restraint incidents in schools, including models that emphasize positive behavior supports and de-escalation techniques over physical intervention.
 (b)ReportThe Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate—
 (1)not later than 3 years after the date of enactment of this Act, an interim report that summarizes the preliminary findings of the assessment described in subsection (a); and
 (2)not later than 5 years after the date of the enactment of this Act, a final report of the findings of the assessment.
				9.Protection and advocacy systems
 (a)NotificationIn a case in which physical injury or death of a student occurs in conjunction with the use of seclusion or physical restraint or any intervention used to control behavior at a school, the local educational agency serving such school or the agency administering a Head Start program under the Head Start Act (42 U.S.C. 9801 et seq.) shall have procedures to—
 (1)notify, in writing, not later than 24 hours after such injury or death occurs— (A)the State educational agency;
 (B)the local law enforcement agency; and (C)the relevant protection and advocacy system; and
 (2)provide any information that the protection and advocacy system may require. (b)Restatement of authorityProtection and advocacy systems shall have the same authorities and rights provided under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) with respect to protections provided for students under this Act when such students are otherwise eligible to be clients of the protection and advocacy system, including investigating, monitoring, and enforcing such protections.
			10.Applicability to private schools and home schools
 (a)Private schoolsNothing in this Act shall be construed to affect any private school that does not receive, or does not serve students who receive, support in any form from any program or activity supported, in whole or in part, with Federal funds.
 (b)Home schoolsNothing in this Act shall be construed to— (1)affect a home school, whether or not a home school is treated as a private school or home school under State law; or
 (2)consider parents who are schooling a child at home as school personnel. 11.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2020 and each succeeding fiscal year.


115 SRES 405 ATS: Designating the third week of March 2018 as “National CACFP Week”.
U.S. Senate
2018-02-13
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.

		III
		115th CONGRESS
		2d Session
		S. RES. 405
		IN THE SENATE OF THE UNITED STATES

			February 13, 2018
			Ms. Klobuchar (for herself and Mr. Boozman) submitted the following resolution; which was referred to the Committee on the Judiciary

		March 22, 2018Committee discharged; considered and agreed toRESOLUTION
		Designating the third week of March 2018 as National CACFP Week.

 Whereas the third week of March is annually recognized as National CACFP Week to raise awareness of the Child and Adult Care Food Program (commonly referred to as the CACFP) of the Department of Agriculture; Whereas the Department of Agriculture reaffirms the vital role positive nutritional habits play in the healthy growth of children in the United States;
 Whereas the Department of Agriculture also reaffirms the importance of nutritional education for the most vulnerable and youngest children, as well as adults, through centers and homes throughout the United States;
 Whereas the American Academy of Pediatrics supported and informed the meal pattern revisions issued by the Department of Agriculture, which highlighted the continual importance of updated and accurate nutritional information for children;
 Whereas, in 2016, the CACFP provided daily meals and snacks to 4,400,000 children and adults in child care centers, adult day care homes, and after-school programs, providing almost 2,100,000,000 meals and snacks in total;
 Whereas the CACFP not only provides nutritional meals and education but also increases the quality of child care in general, especially for children in low-income areas;
 Whereas the innovative approach to oversight of the CACFP, which pairs child care centers, adult day care homes, and after-school sites with either a non-profit sponsoring organization or a State agency, highlights a unique public-private partnership that supports working families and small businesses;
 Whereas, although child care can be expensive in many locations throughout the United States, the CACFP increases the effectiveness and viability of child care centers and adult day care homes for many providers, especially in rural areas; and
 Whereas an increasing number of studies demonstrate that access to the CACFP can measurably and positively impact the cognitive, social, emotional, and physical health and development of children, leading to more favorable outcomes such as—
 (1)a decreased likelihood of being hospitalized; (2)an increased likelihood of healthy weight gain; and
 (3)an increased likelihood of a more varied diet: Now, therefore, be it   That the Senate—
 (1)designates the week beginning on March 11, 2018, as National CACFP Week; and (2)recognizes the role of the Child and Adult Care Food Program (commonly referred to as the CACFP) in improving the health of the country's most vulnerable children and adults in child care centers, adult day care homes, and after-school care by providing nutritious meals and snacks.


		I
		111th CONGRESS
		2d Session
		H. R. 5744
		IN THE HOUSE OF REPRESENTATIVES

			July 15, 2010
			Mr. Yarmuth
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to extend the
		  credit for energy efficient appliances.

		1.Short titleThis Act may be cited as the
			 Revitalizing American Manufacturing
			 Act of 2010.
		2.Extension and
			 modification of energy efficient appliance credit
			(a)DishwashersParagraph
			 (1) of section 45M(b) of the Internal Revenue Code of 1986 is amended by
			 striking and at the end of subparagraph (A), by striking the
			 period at the end of subparagraph (B) and inserting a comma, and by adding at
			 the end the following new subparagraphs:

					(C)$25 in the case of a dishwasher which is
				manufactured in calendar year 2011 and which uses no more than 307 kilowatt
				hours per year and 5.0 gallons per cycle (5.5 gallons per cycle for dishwashers
				designed for greater than 12 place settings),
					(D)$50 in the case of a dishwasher which is
				manufactured in calendar year 2011, 2012, or 2013 and which uses no more than
				295 kilowatt hours per year and 4.25 gallons per cycle (4.75 gallons per cycle
				for dishwashers designed for greater than 12 place settings), and
					(E)$75 in the case of a dishwasher which is
				manufactured in calendar year 2011, 2012, or 2013 and which uses no more than
				280 kilowatt hours per year and 4 gallons per cycle (4.5 gallons per cycle for
				dishwashers designed for greater than 12 place
				settings).
					.
			(b)Clothes
			 washersParagraph (2) of section 45M(b) of such Code is amended
			 by striking and at the end of subparagraph (C), by striking the
			 period at the end of subparagraph (D) and inserting a comma, and by adding at
			 the end the following new subparagraphs:

					(E)$175 in the case of a top-loading clothes
				washer manufactured in calendar year 2011 which meets or exceeds a 2.2 modified
				energy factor and does not exceed a 4.5 water consumption factor, and
					(F)$225 in the case
				of a clothes washer manufactured in calendar year 2011, 2012, or 2013—
						(i)which is a top-loading clothes washer and
				which meets or exceeds a 2.4 modified energy factor and does not exceed a 4.2
				water consumption factor, or
						(ii)which is a front-loading clothes washer and
				which meets or exceeds a 2.8 modified energy factor and does not exceed a 3.5
				water consumption
				factor.
						.
			(c)RefrigeratorsParagraph
			 (3) of section 45M(b) of such Code is amended by striking and at
			 the end of subparagraph (C), by striking the period at the end of subparagraph
			 (D) and inserting a comma, and by adding at the end the following new
			 subparagraphs:

					(E)$150 in the case of a refrigerator
				manufactured in calendar year 2011, 2012, or 2013 which consumes at least 30
				percent less energy than the 2001 energy conservation standards, and
					(F)$200 in the case of a refrigerator
				manufactured in calendar year 2011, 2012, or 2013 which consumes at least 35
				percent less energy than the 2001 energy conservation
				standards.
					.
			(d)Rebasing of
			 limitations
				(1)In
			 generalParagraph (1) of
			 section 45M(e) of such Code is amended by striking December 31,
			 2007 and inserting December 31, 2010.
				(2)Exception for
			 certain refrigerators and clothes washersParagraph (2) of
			 section 45M(e) of such Code is amended—
					(A)by striking
			 subsection (b)(3)(D) and inserting subsection
			 (b)(3)(F), and
					(B)by striking
			 subsection (b)(2)(D) and inserting subsection
			 (b)(2)(F).
					(3)Gross receipts
			 limitationParagraph (3) of section 45M(e) of such Code is
			 amended by striking 2 percent and inserting 4
			 percent.
				(e)Effective
			 date
				(1)In
			 generalExcept as provided in
			 paragraph (2), the amendments made by this section shall apply to appliances
			 produced after December 31, 2010.
				(2)LimitationsThe
			 amendments made by subsection (d) shall apply to taxable years beginning after
			 December 31, 2010.