116 S522 IS: African Burial Ground International Memorial Museum and Educational Center Act
U.S. Senate
2019-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 522IN THE SENATE OF THE UNITED STATESFebruary 14, 2019Mrs. Gillibrand (for herself and Mr. Schumer) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo establish the African Burial Ground International Memorial Museum and Educational Center in New
			 York, New York, and for other purposes.

 1.Short titleThis Act may be cited as the African Burial Ground International Memorial Museum and Educational Center Act.
 2.FindingsCongress finds that— (1)the African Burial Ground National Historic Landmark in New York, New York, holds the remains of up to 20,000 enslaved Africans and early-generation African-Americans from the colonial era;
 (2)the Africans and African-Americans that suffered under slavery show us the strength of the human character and provide us with a model of courage, commitment, and perseverance;
 (3)as President George W. Bush stated on July 8, 2003, during his remarks at Goree Island, Senegal: “For 250 years the captives endured an assault on their culture and their dignity. The spirit of Africans in America did not break. … All the generations of oppression under the laws of man could not crush the hope of freedom and defeat the purposes of God.”;
 (4)on February 27, 2006, President George W. Bush established the National Monument, which was comprised of the approximately 15,000-square foot parcel of the National Historic Landmark that was bounded by Duane and Elk Streets in Lower Manhattan;
 (5)an international memorial museum facility dedicated to those individuals who suffered the grave injustice of slavery in the United States, while at the same time helping to build the country, would—
 (A)reflect the significance of the African Burial Ground; and
 (B)help the people of the United States understand the past and honor the history of all people in the United States;
 (6)in 1998, the Secretary of the Smithsonian Institution—
 (A)stated that the African Burial Ground affords the perfect opportunity to gain insight into—
 (i)the institution of slavery, as practiced in urban, rural, northern, and southern parts of the United States; and
 (ii)the international slave trade; and (B)proposed that a partnership be formed among the Smithsonian, the National Park Service, and the General Services Administration to further develop the African Burial Ground;
 (7)the National Museum of African American History and Culture Act (20 U.S.C. 80r et seq.), which authorized construction of a museum in Washington, DC, identified the period of slavery as one of the periods of the African-American diaspora that would be encompassed by the museum;
 (8)the African Burial Ground— (A)is unlike any other anthropological and symbolic site in the United States or the world;
 (B)includes DNA samples from the remarkably well-preserved human remains that will enable researchers to trace the home roots in Africa of those individuals buried at the African Burial Ground; and
 (C)provides a fitting location for a national memorial facility, relating to the National Museum of African American History and Culture that would—
 (i)pay special tribute to— (I)the thousands of enslaved individuals who are buried at the African Burial Ground; and
 (II)all of the individuals who were enslaved during the history of the United States;
 (ii)examine the African cultural traditions brought to the United States by the enslaved; and
 (iii)explore in-depth the institution of slavery;
 (9)a memorial museum at the site of the African Burial Ground—
 (A)was first recommended by a Federal steering committee in 1992; and
 (B)in conjunction with the World Trade Center memorial and other nearby sites, would attract millions of visitors from the United States and abroad, making a substantial contribution to the development and revitalization of Lower Manhattan in response to the attacks on the World Trade Center of September 11, 2001;
 (10)Public Law 99–511 (100 Stat. 2080) encouraged support for the establishment of a commemorative structure within the National Park System or on other Federal land that is dedicated to the promotion of understanding, knowledge, opportunity, and equality for all people;
 (11)similar to the National Museum of the Native American that was established by section 3(a) of the National Museum of the American Indian Act (20 U.S.C. 80q–1(a)), a memorial museum at the site of the African Burial Ground would benefit from a partnership among—
 (A)the Federal Government; (B)the State of New York;
 (C)the city of New York; and (D)members of the private sector;
 (12)the African Burial Ground— (A)has been determined to be nationally significant as—
 (i)a National Historic Landmark; and (ii)a National Monument; and
 (B)provides an important opportunity for interpretation, understanding, partnership and pride; and
 (13)the National Park Service— (A)has played an important role in the development of the African Burial Ground (including the designation of the African Burial Ground as a National Monument);
 (B)successfully operates other national facilities in the city of New York that symbolize freedom and the quest for freedom in America, including—
 (i)the Statue of Liberty National Monument; and
 (ii)the Ellis Island National Monument; (C)provided key support to the Presidential Study Commission for the National Museum of African American History and Culture; and
 (D)is well-suited to assume a leadership role with respect to the creation of the Museum.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of the General Services Administration.
 (2)Advisory councilThe term Advisory Council means the African Burial Ground Advisory Council established by section 7(a).
 (3)CityThe term City means the city of New York, New York.
 (4)Expansion propertyThe term expansion property means the property that is acquired by the Secretary under section 5(a).
 (5)MuseumThe term Museum means the African Burial Ground International Memorial Museum and Educational Center established by section 4(a).
 (6)National landmarkThe term National Landmark means the African Burial Ground National Historic Landmark in the City.
 (7)National monumentThe term National Monument means the African Burial Ground National Monument in the City.
 (8)SecretaryThe term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service.
 (9)StateThe term State means the State of New York.
			4.Establishment of Museum
 (a)EstablishmentThere is established at the National Monument a memorial museum and educational center, to be known as the African Burial Ground International Memorial Museum and Educational Center.
 (b)PurposesThe purposes of the Museum are— (1)to serve as a permanent living memorial—
 (A)to the enslaved who are buried at the African Burial Ground; and
 (B)to other Africans and African-Americans who were enslaved;
 (2)to examine the African cultural traditions brought to the United States by the enslaved;
 (3)to explore in-depth the institution of slavery in the United States and other parts of the world;
 (4)to provide a space for— (A)permanent and temporary exhibits; and
 (B)the collection and study of artifacts and documents; and
 (5)to encourage collaboration between the Museum and the National Museum of African American History and Culture, other museums, historically Black colleges and universities, historical societies, educational institutions, and other appropriate entities and organizations, including collaboration with respect to—
 (A)the development of cooperative programs and exhibitions, including through digital, electronic, and interactive technologies;
 (B)the identification, management, and care of Museum collections; and
 (C)the training of Museum and National Park Service professionals and other persons concerned with heritage preservation.
					(c)Association with national
 museumThe Museum shall become associated with the National Museum of African American History and Culture, in a manner to be determined by the Secretary, in consultation with the Advisory Council and the Board of Regents of the Smithsonian Institution.
			5.Site acquisition and development
 (a)In generalThe Secretary, in consultation with the Administrator, the Secretary of the Smithsonian Institution, the City, the State, and the Advisory Council, shall—
 (1)acquire for the Museum property that is located—
 (A)adjacent to the National Monument; or
 (B)in any other area of the National Landmark other than the location described in subparagraph (A); and
 (2)plan, design, and construct the Museum on the property acquired under paragraph (1).
 (b)Federal shareThe Secretary shall pay 2/3 of the total costs of—
 (1)acquiring property for the Museum; and
 (2)planning, designing, constructing, reconstructing, and renovating, as applicable, the Museum.
				(c)Contracting authority
 (1)In generalThe Secretary and the Administrator may enter into any agreements with each other, the City, the State, and other parties that are necessary for the acquisition, by donation or other means, of property for—
 (A)establishing the Museum; and (B)planning, designing, constructing, reconstructing, and renovating, as applicable, the Museum.
 (2)Site acquisitionThe Secretary may acquire property under subsection (a)(1) by purchase, long-term lease, or any other appropriate means of acquisition, as determined by the Secretary.
				(d)Expansion of National
 MonumentThe expansion property is incorporated in, and shall be managed as part of, the National Monument.
			6.Operation of the Museum
 (a)In generalThe Secretary, in consultation with the Advisory Council, shall operate the Museum.
 (b)AuthoritiesThe Secretary, in consultation with the Advisory Council, may—
 (1)purchase, accept, borrow, and otherwise acquire artifacts for the collections of the Museum;
 (2)loan, exchange, sell, and otherwise dispose of any part of the collections of the Museum, if the proceeds of the disposition are used for additions to the collections of the Museum;
 (3)specify criteria with respect to the use of the collections and resources of the Museum, including policies on programming, education, exhibitions, and research;
 (4)provide for preservation, restoration, and maintenance of the collections of the Museum;
 (5)solicit, accept, use, and dispose of gifts, bequests, and devises of real and personal property for the purpose of facilitating the work of the Museum;
 (6)contract with such parties as may be necessary to facilitate the operation of the Museum;
 (7)administer the National Monument as a unit of the National Park System in accordance with—
 (A)this Act; and (B)the laws generally applicable to units of the National Park System, including applicable provisions of division A of subtitle I of title 54, United States Code; and
 (8)conduct any other activities that are necessary to carry out the purposes of this Act.
				7.Advisory Council
 (a)EstablishmentThere is established within the Department of the Interior an advisory council to be known as the African Burial Ground Advisory Council.
			(b)Membership
 (1)CompositionThe Advisory Council shall be composed of the following members or their designees:
 (A)The Secretary, who shall serve as Chairperson of the Advisory Council.
 (B)The Director of the National Park Service.
 (C)The Secretary of the Smithsonian Institution.
 (D)The Administrator. (E)The Governor of the State.
 (F)The Mayor of the City. (G)The President of the Borough of Manhattan.
 (H)Fourteen members, to be appointed by the Secretary, taking into consideration—
 (i)recommendations from organizations and entities that are committed to the legacy of the African Burial Ground; and
 (ii)recommendations from the members of the Advisory Council.
 (2)Nonvoting membersThe Secretary may appoint as nonvoting members of the Advisory Council—
 (A)members of the United States Senate; (B)members of the House of Representatives;
 (C)officials representing the City; (D)officials representing the State; and
 (E)any other individuals that the Secretary, in consultation with the members of the Advisory Council, determines to be appropriate.
 (3)Date of appointmentsThe initial appointment of a member under paragraph (1) shall be made not later than 180 days after the date of enactment of this Act.
				(c)Terms
 (1)In generalExcept as provided in paragraph (2), each member of the Advisory Council shall be appointed for a term of 3 years.
 (2)Initial appointeesOf the members first appointed under subsection (b)(1)(H)—
 (A)5 members shall be appointed for a term of 1 year;
 (B)5 members shall be appointed for a term of 2 years; and
 (C)4 members shall be appointed for a terms of 3 years.
					(3)Reappointment
 (A)In generalA member of the Advisory Council may be reappointed, except that no individual may serve on the Advisory Council for a total of more than 2 terms.
 (B)Vacancy appointmentsFor purposes of subparagraph (A), the number of terms an individual serves on the Advisory Council shall not include any portion of a term for which an individual is appointed to fill a vacancy under paragraph (4)(B).
					(4)Vacancies
 (A)In generalA vacancy on the Advisory Council— (i)shall not affect the powers of the Advisory Council; and
 (ii)shall be filled in the same manner as the original appointment was made.
 (B)TermAny member of the Advisory Council appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed for the remainder of that term.
 (d)DutiesThe Advisory Council shall— (1)make recommendations to the Secretary on the planning, design, and construction of the Museum;
 (2)advise and assist the Secretary on all matters relating to the administration, operation, maintenance, and preservation of the Museum;
 (3)provide significant opportunities for public input with respect to carrying out the duties under paragraphs (1) and (2); and
 (4)adopt bylaws for the operation of the Advisory Council.
				(e)Compensation
 (1)In generalExcept as provided in paragraph (2), a member of the Advisory Council shall serve without compensation.
 (2)Travel expensesA member of the Council shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Advisory Council.
				(f)Meetings
 (1)In generalThe Advisory Council shall meet at the call of the chairperson or on the written request of a majority of the members of the Advisory Council, but not fewer than 2 times each year.
 (2)Initial meetingsDuring the 1-year period beginning on the date of the first meeting of the Advisory Council, the Advisory Council shall meet not fewer than 4 times for the purpose of carrying out the duties of the Advisory Council.
 (g)QuorumA majority of the members of the Advisory Council shall constitute a quorum for the purpose of conducting business, but a lesser number may receive information on behalf of the Advisory Council.
			8.Director and staff
			(a)Director
 (1)In generalThe Secretary shall appoint a Director for the Museum, taking into consideration recommendations by the Advisory Council.
 (2)DutiesThe Director of the Museum shall manage the Museum, in accordance with any policies established by the Secretary, in consultation with the Advisory Council.
				(b)Staff
 (1)AppointmentThe Secretary may, without regard to the civil service laws, appoint 2 employees to assist the Director of the Museum in carrying out the duties of the Director.
 (2)CompensationThe employees appointed under subsection (b) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code.
				9.Authorization of appropriations
 (a)In generalExcept as provided in subsection (b), there are authorized to be appropriated to the Secretary to carry out this Act—
 (1)$15,000,000 for fiscal year 2020; and
 (2)such sums as are necessary for each fiscal year thereafter.
 (b)Acquisition of museum siteThere are authorized to be appropriated such sums as are necessary to carry out section 5.
 (c)AvailabilityAmounts made available under subsections (a) and (b) shall remain available, without fiscal year limitation, until expended.
 (d)Use of funds for fund-RaisingAmounts made available under this section may be used to raise funds from private sources to support and promote the Museum.


114 S22 IS: For the relief of Alemseghed Mussie Tesfamical.
U.S. Senate
2015-01-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 22IN THE SENATE OF THE UNITED STATESJanuary 6, 2015Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLFor the relief of Alemseghed Mussie Tesfamical.1.Permanent resident status for
			 Alemseghed Mussie Tesfamical(a)In
			 generalNotwithstanding subsections (a) and (b) of section 201 of
			 the Immigration and Nationality Act (8
			 U.S.C. 1151) and section 240 of such Act (8 U.S.C. 1229a), Alemseghed
			 Mussie
			 Tesfamical shall be eligible for the issuance of an immigrant visa or for
			 adjustment of status to that of an alien lawfully admitted for permanent
			 residence upon filing an application for issuance of an immigrant visa
			 under
			 section 204 of such Act (8 U.S.C. 1154) or for adjustment of status to
			 lawful
			 permanent resident.(b)Adjustment of
			 statusIf Alemseghed Mussie Tesfamical enters the United States
			 before the filing deadline specified in subsection (c), Alemseghed Mussie
			 Tesfamical shall be considered to have entered into and remained lawfully
			 in
			 the United States and, if otherwise eligible, shall be eligible for
			 adjustment
			 of status under section 245 of the Immigration
			 and Nationality Act (8 U.S.C. 1255) as of the date of the enactment
			 of this Act.(c)Deadline for
			 application and payment of feesSubsections (a) and (b) shall
			 apply only if the application for issuance of an immigrant visa or the
			 application for adjustment of status is filed with appropriate fees not
			 later
			 than 2 years after the date of the enactment of this Act.(d)Reduction of
			 immigrant visa numberUpon the granting of an immigrant visa or
			 permanent residence to Alemseghed Mussie Tesfamical, the Secretary of
			 State
			 shall instruct the proper officer to reduce by 1, during the current or
			 next
			 following fiscal year, the total number of immigrant visas that are made
			 available to natives of the country of Alemseghed Mussie Tesfamical’s
			 birth
			 under section 203(a) of the Immigration and
			 Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the total
			 number of immigrant visas that are made available to natives of the
			 country of
			 Alemseghed Mussie Tesfamical’s birth under section 202(e) of such Act (8
			 U.S.C.
			 1152(e)).(e)Budgetary
			 effectsThe budgetary effects of this Act, for the purpose of
			 complying with the Statutory Pay-As-You-Go Act of 2010 (Public Law
			 111–139),
			 shall be determined by reference to the latest statement titled Budgetary
			 Effects of PAYGO Legislation for this Act, submitted for printing in the
			 Congressional Record by the Chairman of the
			 Committee on the Budget of the
			 Senate, provided that such statement has been submitted prior
			 to the vote on passage.


		II
		111th CONGRESS
		2d Session
		S. 3366
		IN THE SENATE OF THE UNITED
		  STATES

			May 13, 2010
			Mr. Lautenberg
			 introduced the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To prohibit individuals from carrying
		  firearms in certain airport buildings and airfields, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Firearm-Free Airport
			 Act.
		2.FindingsCongress makes the following
			 findings:
			(1)Commercial airports are critical to the
			 economy and economic competitiveness of the United States.
			(2)Commercial airports and commercial aircraft
			 are essential elements of interstate commerce and the Supreme Court has
			 recognized the authority of Congress over all matters with a close and
			 substantial relation to interstate commerce.
			(3)In 2007, commercial aviation contributed
			 $266,500,000,000, or 2 percent, to the gross domestic product of the United
			 States, employed, directly and indirectly, 10,881,000 people, and had a total
			 economic impact of $1,224,800,000,000.
			(4)Commercial aviation is a vital channel of
			 interstate commerce and it is necessary that people and goods be able to move
			 through such a channel safely.
			(5)Individuals and terrorist organizations use
			 commercial airports and commercial aircraft for premeditated, politically
			 motivated violence perpetrated against noncombatant targets.
			(6)The terrorist attacks of September 11,
			 2001, in which terrorists used 4 commercial aircraft to cause the deaths of
			 2,976 people, had a severe adverse impact on airlines in the United States,
			 resulted in $40,000,000,000 in property and casualty claims, resulted in 18,000
			 businesses being dislocated, disrupted, or destroyed, and displaced nearly
			 130,000 employees.
			(7)Firearms in airports would have an adverse
			 impact on the economy of the United States.
			(8)Firearms are prohibited in the sterile area
			 of airports.
			(9)Congress has the power, under clause 3 of
			 section 8 of article I of the Constitution of the United States (commonly
			 referred to as the Commerce Clause) and other provisions of the
			 Constitution, to enact measures to ensure the safety and economic well-being of
			 commercial airports in the United States.
			(10)It is important for Congress to regulate
			 the possession of firearms in commercial airport facilities to facilitate
			 commercial aviation traffic safety, to protect the safety of passengers and
			 goods flying on commercial aircraft, and to preserve the economic stability of
			 the commercial aviation industry.
			3.Prohibition on possession of firearms in
			 certain airport buildings and airfields
			(a)In generalChapter 463 of title 49, United States
			 Code, is amended by inserting after section 46303 the following:

					46303A.Prohibition on possession of firearms in
				certain airport buildings and airfields
						(a)In generalExcept as provided in subsection (b), it
				shall be unlawful for an individual to possess a firearm at a commercial
				airport in any area in a terminal building, in any area adjacent to the sterile
				area, in an airfield, or in any building that opens on to an airfield.
						(b)ExceptionsThe prohibition in subsection (a) shall not
				apply with respect to the following:
							(1)Individuals authorized to carry firearms
				under section 1540.111(b) of title 49, Code of Federal Regulations (or any
				corresponding similar regulation or ruling).
							(2)Members of the Armed Forces serving on
				active duty.
							(3)Individuals who bring firearms into an
				airport building solely to check the firearms in checked baggage in accordance
				with section 1540.111(c) of title 49, Code of Federal Regulations (or any
				corresponding similar regulation or ruling).
							(c)PenaltyAn individual who violates the prohibition
				in subsection (a) shall be imprisoned for not more than 10 years, fined under
				title 18, or both.
						(d)DefinitionsIn this section:
							(1)Commercial airportThe term commercial airport
				means an airport that holds an airport operating certificate under part 139 of
				title 14, Code of Federal Regulations (or any corresponding similar regulation
				or ruling).
							(2)FirearmThe term firearm has the
				meaning given that term in section 921 of title 18, United States Code.
							(3)Sterile areaThe term sterile area has the
				meaning given that term in section 1540.5 of title 49, Code of Federal
				Regulations (or any corresponding similar regulation or
				ruling).
							.
			(b)Clerical amendmentThe table of sections for chapter 463 of
			 title 49, United States Code, is amended by inserting after the item relating
			 to section 46303 the following:

						46303A. Prohibition on
				possession of firearms in certain airport buildings and
				airfields.

					.
			4.Signs warning of prohibition on possession
			 of firearms in airport terminal buildingsThe Secretary of Transportation shall ensure
			 that signs are posted in airport terminal buildings to warn passengers of the
			 prohibition on the possession of firearms in airport terminal buildings and
			 other areas under section 46303A of title 49, United States Code, as added by
			 section 3.


115 HR 2325 IH: Emergency Financial Manager Reform Act of 2017
U.S. House of Representatives
2017-05-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2325IN THE HOUSE OF REPRESENTATIVESMay 3, 2017Mr. Conyers (for himself, Mr. Kildee, Mrs. Lawrence, Mr. Cartwright, Mr. Veasey, Mr. Cohen, Ms. Lee, Mrs. Watson Coleman, Ms. Norton, Ms. Lofgren, Ms. Judy Chu of California, Mr. Nadler, Mr. Johnson of Georgia, Ms. Jackson Lee, Mr. Connolly, Ms. Eddie Bernice Johnson of Texas, Mr. Cummings, Ms. Jayapal, Mr. Jeffries, and Ms. Bass) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require the Attorney General to ensure that State-appointed emergency financial managers do not
			 violate Constitutional protections and that they ensure public health and
			 safety, and for other purposes.

 1.Short titleThis Act may be cited as the Emergency Financial Manager Reform Act of 2017. 2.FindingsThe Congress finds the following:
 (1)Local government units are charged with providing critical law enforcement, educational training, public safety, and health services for the communities they serve.
 (2)The mismanagement of Federal grant money, including conflicts of interest and abuse of discretion, undermines the ability of local government units to provide these essential services.
 (3)The U.S. Government Accountability Office found that Federal grant management operations for local government units were adversely impacted in cases where unaccountable emergency financial managers were appointed.
 (4)The Federal Government has a strong interest in preventing the mismanagement of Federal funds intended to support local law enforcement efforts to protect health and safety by ensuring that local government units are accountable for such funds.
 (5)The appointment of an emergency financial manager may adversely impact voting rights when such appointment disproportionately affects minority communities whose local elected officials are displaced by such financial manager.
 (6)The appointment of an emergency financial manager can adversely impact public health and safety priorities, including the safety of public drinking water systems, in instances where they are unaccountable to local elected leaders.
 (7)Under article I, section 10, clause 1 of the U.S. Constitution, a State is prohibited from impairing a contractual obligation. In addition, some State constitutions explicitly prohibit impairment of a collective bargaining agreement and accrued financial benefits under a pension plan or a retirement system. Such impairment is unconstitutional and a violation of law unless consented to by all parties.
			3.Safeguards regarding State appointment of an emergency financial manager
 (a)Reduction of Byrne-JAG fundsThe Attorney General may withhold 5 percent of the funds that would otherwise be allocated to a State under the program under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq.) for the fiscal year following any fiscal year in which an emergency financial manager is appointed by that State or continues in a previous appointment and—
 (1)the chief legal officer or other appropriate State official does not, by the date of the appointment and every 18 months thereafter while the appointment remains in effect, submit to the Attorney General a certification that—
 (A)such appointment does not have the purpose nor will it have the effect of denying, abridging, or diluting the right to vote on account of race or color; and
 (B)the community for which the emergency financial manager is appointed has been given an opportunity, by public notice issued simultaneously with the submission to the Attorney General, to submit comments in full for a period of at least 30 days with regard to subparagraph (A);
 (2)the Attorney General interposes an objection under paragraph (1)(A) by not later than 60 days after submission of comments under paragraph (1)(B) and the emergency financial manager thereafter continues in the appointment;
 (3)such emergency financial manager is authorized to make decisions affecting public health or safety of the residents or employees of a local government unit, including the disbursement of any emergency funds provided by any Federal or State entity for the purpose of addressing lead or other contamination of drinking water in a public water system, without receiving prior approval from the governor of the State and appropriate local elected officials;
 (4)such emergency financial manager does not have adequate oversight in effect to ensure against conflicts of interest, mismanagement, and abuse of discretion by such emergency financial manager;
 (5)such emergency financial manager is authorized to reject, modify, or terminate one or more terms and conditions of an existing collective bargaining agreement without mutual consent as to such rejection, modification, or termination by all parties to the agreement;
 (6)such emergency financial manager is authorized to reject, modify, or terminate one or more terms of an existing contract without mutual consent by all parties to the contract or without submitting such rejection, modification, or termination for approval by a bankruptcy court under title 11, United States Code; or
 (7)such emergency financial manager is appointed and members of the community under the jurisdiction of such appointment were not provided prior thereto—
 (A)an opportunity, by public notice issued simultaneously with the submission to the Attorney General required pursuant to paragraph (1) for a period of at least 30 days, to make public comment as to any conflicts of interest the proposed appointee may have, whether the proposed appointee has the requisite experience and financial acumen, and whether the proposed appointee is empowered to propose sources of financial assistance, such as loans, grants, and revenue sharing; and
 (B)with the name of a State official to whom may be conveyed complaints about the appointee, including complaints about any conflicts of interest, mismanagement, or dereliction of duty.
 (b)ReallocationAmounts not allocated under the program referred to in subsection (a) to a State shall, to the extent practicable, be reallocated under that program to the local government unit for which the emergency financial manager is appointed.
 4.DefinitionsIn this Act: (1)The term emergency financial manager means any person appointed by a State, including a financial control board or commission, emergency manager, receiver, coordinator, or overseer that oversees or manages a local government unit.
 (2)The term local government unit includes cities, towns, municipalities, school board districts, law enforcement departments or any other body, department, or office which exercises authority over matters of local concern at the direction of local elected officials or governing bodies or the appointees of local elected officials or governing bodies.
 (3)The term adequate oversight means, in the case of an emergency financial manager— (A)a monthly, publically available report, reviewed and approved by the governor and appropriate local elected officials, accounting for all financial activities of the emergency financial manager (including possible conflicts of interest, mismanagement, and abuses of discretion) related to the duties of the emergency financial manager; and
 (B)an independent State-approved publically available audit of the emergency financial manager’s duty-related activities on an annual basis or, if the term of an emergency financial manager is less than one year, at least one such audit.
 (4)The term State means any one of the several States.


116 HR 2153 : Keeping Girls in School Act
U.S. House of Representatives
2020-01-30
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.

		IIB
		116th CONGRESS2d Session
		H. R. 2153
		IN THE SENATE OF THE UNITED STATES
		January 30, 2020Received; read twice and referred to the Committee on Foreign RelationsAN ACT
		To support empowerment, economic security, and educational opportunities for adolescent girls
			 around the world, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Keeping Girls in School Act. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Appropriate congressional committees defined.
					Sec. 3. Findings.
					Sec. 4. Sense of Congress.
					Sec. 5. Secondary education for adolescent girls.
					Sec. 6. Global strategy requirement.
					Sec. 7. Transparency and reporting to Congress.
 2.Appropriate congressional committees definedIn this Act, the term appropriate congressional committees means— (1)the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
 (2)the Committee on Foreign Relations and the Committee on Appropriations of the Senate. 3.FindingsCongress finds the following:
 (1)Adolescence is a critical period in a girl’s life, when significant physical, emotional, and social changes shape her future.
 (2)Adolescent girls are particularly vulnerable to HIV/AIDS, child, early and forced marriage, and other forms of violence which are detrimental to their futures, as evidenced by the following statistics:
 (A)Each year, 380,000 adolescent girls and young women become newly infected with HIV, more than 1,000 every day, and comprise the fastest-growing demographic for new infections in sub-Saharan Africa.
 (B)Each year, 12,000,000 adolescent girls around the world are married before their 18th birthday, and more than 650,000,000 women alive today were married as children.
 (C)Child marriages often interrupt schooling, limit opportunities, and impact the physical, psychological and social well-being of such girls. If there is no reduction in child marriage, the global number of women married as children is projected to increase by 150,000,000 by 2030.
 (D)One-quarter to one-half of girls in developing countries become mothers before the age of 18, and girls under 15 are five times more likely to die during childbirth than women in their 20s.
 (3)Approximately 130,000,000 girls around the world are not in school, and millions more are failing to acquire basic reading, writing, and numeracy skills.
 (4)Girls between the ages of 10 and 19 are three times more likely than boys to be kept out of school, particularly in countries affected by conflict.
 (5)Due to discriminatory gender norms and expectations, disparities in access to safe and quality education manifest early in a girl’s life and continue to become more pronounced throughout adolescence.
 (6)Girls living with disabilities are less likely to start school and transition to secondary school than boys living with disabilities and other children, and just 1 percent of women with disabilities are literate globally.
 (7)While two-thirds of all countries have achieved gender parity in primary education, only 40 percent have achieved gender parity in secondary education.
 (8)Adolescent girls who remain in school are more likely to live longer, marry later, have healthier children, and, as adults, earn an income to support their families, thereby contributing to the economic advancement of communities and nations.
 (9)Since July 2015, more than 100 public-private partnerships have been formed between the United States Government and external partners to support innovative and community-led solutions in targeted countries, including Malawi and Tanzania, to ensure adolescent girls receive a quality education.
 (10)The United States Global Strategy to Empower Adolescent Girls, published in March 2016, has brought together the Department of State, the United States Agency for International Development, the Peace Corps, and the Millennium Challenge Corporation, as well as other agencies and programs such as the President’s Emergency Fund for AIDS Relief (PEPFAR), to address the range of challenges preventing adolescent girls from attaining an inclusive and equitable quality education leading to relevant learning outcomes.
 (11)According to the United States Global Strategy to Empower Adolescent Girls, which is the first foreign policy document in the world solely dedicated to the rights and empowerment of girls globally, [w]hile the Millennium Development Goals improved outcomes for girls in primary education, they also highlighted the need for a targeted focus on adolescents and young adults, particularly regarding the transition to and completion of secondary school.
 (12)PEPFAR, through its DREAMS (Determined, Resilient, Empowered, AIDS-free, Mentored, and Safe) Initiative, has worked to address a number of the specific barriers to education that adolescent girls face.
 4.Sense of CongressIt is the sense of Congress that— (1)every child, regardless of place of birth, deserves an equal opportunity to access quality education;
 (2)the United States has been a global leader in efforts to expand and improve educational opportunities for those who have been traditionally disenfranchised, particularly women and girls;
 (3)gains with respect to girls’ secondary education and empowerment have been proven to correlate strongly with progress in gender equality and women’s rights, as well as economic and social progress, and achieving gender equality should be a priority goal of United States foreign policy;
 (4)achieving gender parity in both access to and quality of educational opportunity contributes significantly to economic growth and development, thereby lowering the risk for violence and instability; and
 (5)education is a lifesaving humanitarian intervention that protects the lives, futures, and well-being of girls.
			5.Secondary education for adolescent girls
 (a)AuthorityThe Administrator of the United States Agency for International Development may enter into acquisition, assistance, or results-based financing agreements, including agreements combining more than one such feature, for activities addressing the barriers described in subsection (b) that adolescent girls face in accessing a quality secondary education. Such activities shall—
 (1)set outcome-based targets to demonstrate qualitative gains; (2)use existing United States Government strategies and frameworks relevant to international basic education and gender equality, including evidence-based interventions, to—
 (A)integrate new technologies and approaches, including to establish or continue public-private partnerships or to pilot the use of development impact bonds (the results of which are verified by an independent evaluation);
 (B)to the greatest extent possible, apply quasi-experimental and scientific, research-based approaches;
 (C)promote inclusive, equitable and sustainable educational achievement; and (D)support a responsible transition to education systems that are sustainably financed by domestic governments; and
 (3)ensure that schools provide safe and quality educational opportunities and create empowering environments, so that girls can enroll in and regularly attend school, successfully transition from primary to secondary school, and eventually graduate having achieved learning outcomes and positioned to make healthy transitions into adulthood.
 (b)Specific barriersThe barriers described in this subsection include— (1)harmful societal and cultural norms;
 (2)lack of safety at school or traveling to school, including harassment and other forms of physical, sexual, or psychological violence;
 (3)child, early, and forced marriage; (4)female genital mutilation;
 (5)distance from a secondary school; (6)cost of secondary schooling, including fees, clothing, and supplies;
 (7)inadequate sanitation facilities and products available at secondary schools; (8)prioritization of boys’ secondary education;
 (9)poor nutrition; (10)early pregnancy and motherhood;
 (11)HIV infection; (12)disability;
 (13)discrimination based on religious or ethnic identity; and (14)heavy workload due to household tasks.
				(c)Coordination and oversight
 (1)In generalThe United States Agency for International Development Senior Coordinator for International Basic Education Assistance, in coordination with the United States Agency for International Development Senior Coordinator for Gender Equality and Women’s Empowerment and the Ambassador-at-Large for Global Women’s Issues at the Department of State, shall be responsible for the oversight and coordination of all activities of the United States Government carried out under this section.
 (2)Development of agreementsIn the development of results-based financing agreements described in subsection (a), the Senior Coordinators shall consult with the United States Agency for International Development Innovation, Technology, and Research Hub or any successor center that is responsible for developing innovative tools and approaches to accelerate development impact.
 (3)Coordination with other strategiesActivities carried out under this section shall also be carried out in coordination with— (A)the United States Global Strategy to Empower Adolescent Girls described in section 6; and
 (B)the United States Government Strategy on International Basic Education, including its objective to expand access to quality basic education for all, particularly marginalized and vulnerable populations.
 (d)Acceptance of solicitations for awardsThe Administrator of the United States Agency for International Development shall seek to accept solicitations for one or more awards, pursuant to the authority in subsection (a), to conduct activities under this section beginning not later than 180 days after the date of the enactment of this Act.
 (e)Monitoring and evaluationThe Administrator of the United States Agency for International Development shall seek to ensure that activities carried out under this section—
 (1)employ rigorous monitoring and evaluation methodologies, including ex-post evaluation, to ensure that such activities demonstrably close the gap in gender parity for secondary education and improve the quality of education offered to adolescent girls;
 (2)disaggregate all data collected and reported by age, gender, marital and motherhood status, disability, and urbanity, to the extent practicable and appropriate;
 (3)adhere to the Policy Guidance on Promoting Gender Equality of the Department of State and the Gender Equality and Female Empowerment Policy of the United States Agency for International Development; and
 (4)use, to the extent possible, indicators and methodologies identified by the Interagency Working Group for the Strategy on International Basic Education.
				6.Global strategy requirement
 (a)In generalNot later than 180 days after the date of the enactment of this Act, and every 5 years thereafter for not less than 10 years, the Ambassador-at-Large for Global Women’s Issues at the Department of State, in consultation with the Senior Coordinator for Gender Equality and Women’s Empowerment and the Senior Coordinator for International Basic Education Assistance at the United States Agency for International Development, shall—
 (1)review and update a United States global strategy to empower adolescent girls; (2)provide a meaningful opportunity for public review and consultation on the strategy; and
 (3)submit the strategy to the appropriate congressional committees. (b)Initial strategyFor the purposes of this section, the United States Global Strategy to Empower Adolescent Girls, published in March 2016, shall be deemed to fulfill the initial requirement under subsection (a).
 (c)Consultation requiredIn reviewing and updating the strategy under subsection (a), the Ambassador-at-Large for Global Women’s Issues, the Senior Coordinator for Gender Equality and Women’s Empowerment, and the Senior Coordinator for International Basic Education Assistance shall, as appropriate, consult with—
 (1)the heads of relevant Federal departments and agencies their designees, as well as experts on adolescent girls, gender equality, and empowerment issues throughout the Federal Government;
 (2)the appropriate congressional committees; (3)representatives of United States civil society and multilateral organizations with demonstrated experience and expertise in empowering adolescent girls or promoting gender equality, including local civil society organizations and beneficiaries where possible; and
 (4)local organizations and beneficiaries in countries receiving assistance pursuant to the strategy, including youth and adolescent girls’ organizations.
				7.Transparency and reporting to Congress
 (a)In generalNot later than 1 year after the date of the enactment of this Act, and biennially thereafter for 10 years until each activity initiated pursuant to the authorities under this Act has concluded, the Administrator of the United States Agency for International Development, in coordination with the Secretary of State, shall submit to the appropriate congressional committees a report describing—
 (1)the activities initiated under the authorities provided in this Act; and (2)the manner and extent to which such activities are monitored and evaluated, in accordance with section 5(e).
 (b)AvailabilityThe report required by subsection (a) shall be made available on a text-based, searchable, and publicly available website of the United States Agency for International Development.

	Passed the House of Representatives January 28, 2020.Cheryl L. Johnson,Clerk.


110 HR 2986 IH: Prohibit Aid to Saudi Arabia Act of 2007
U.S. House of Representatives
2007-07-10
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. 2986
IN THE HOUSE OF REPRESENTATIVES

July 10, 2007
Mr. Weiner introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To prohibit assistance to Saudi Arabia.

1.Short titleThis Act may be cited as the Prohibit Aid to Saudi Arabia Act of 2007.
2.FindingsCongress finds the following:
(1)More than 50 percent of the funding for Hamas, a Palestinian terrorist organization, comes from Saudi Arabia.
(2)In its June 2004 report entitled Update on the Global Campaign Against Terrorist Financing, the Council on Foreign Relations reported that We find it regrettable and unacceptable that since September 11, 2001, we know of not a single Saudi donor of funds to terrorist groups who has been publicly punished..
(3)Abu Zubaydah, an al Qaeda operative, admitted to his American interrogators that al Qaeda had struck a deal with the Saudi Royal Family to desist from violence in exchange for Saudi financing.
(4)On May 29, 2004, Saudi security forces allowed 16 kidnappers to escape at a residential compound in Khobar, Saudi Arabia, after killing 16 westerners.
(5)Al Qaeda terrorists who kidnapped and killed American contractor Paul Johnson used official police uniforms and vehicles received from sympathetic Saudi police officials.
(6)Saudi Arabia denied United States officials access to several suspects in the custody of the Government of Saudi Arabia, including a Saudi Arabian citizen in detention for months who had knowledge of extensive plans to inject poison gas in the New York City subway system.
(7)The Saudi Royal Family has provided cash payments in the amount of $5,333 to each family of martyrs killed while trying to murder Israelis.
(8)Saudi Arabia is the center of Wahhabism, the ultra-purist, jihadist form of Islam followed by members of Al Qaeda.
(9)In November 2004, 26 leading Saudi Wahhabi clerics publicly incited the Iraqi people to fight against United States Armed Forces in Iraq.
(10)The Saudi Royal Family has wholly or partly funded 210 Islamic Centers, 1,500 mosques, 202 colleges, and 2,000 schools in countries without Muslim majorities.
(11)The United States Commission on International Religious Freedom has reported that Saudi Arabian Government-funded textbooks used both in Saudi Arabia and also in North American Islamic schools and mosques have been found to encourage incitement to violence against non-Muslims.
(12)Khaled bin Ouda bin Mohammed al-Harby, the terrorist who is linked to Osama bin Laden and the terrorist attacks against the United States that occurred on September 11, 2001, returned to Saudi Arabia under an amnesty program in June 2004, and remains in that country, a free man.
(13)In March 2004, a group of Saudi reformers calling for a constitutional monarchy were imprisoned and are still awaiting trial.
(14)In September 2004, the Government of Saudi Arabia issued an edict banning most working Saudis from questioning the policies of the Saudi Arabian Government.
(15)The Government of Saudi Arabia has sought to acquire nuclear weaponry from Pakistan.
3.Prohibition on funding for Saudi ArabiaNo funds appropriated or otherwise made available pursuant to an Act making appropriations for foreign operations, export financing, and related programs may be obligated or expended to finance directly any assistance or reparations to Saudi Arabia. For purposes of the preceding sentence, the prohibition on obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank of the United States or its agents.


116 HR 3981 IH: Food Date Labeling Act of 2019
U.S. House of Representatives
2019-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3981IN THE HOUSE OF REPRESENTATIVESJuly 25, 2019Ms. Pingree (for herself and Mr. Newhouse) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo establish requirements for quality and discard dates that are, at the option of food labelers,
			 included in food packaging, and for other purposes.

 1.Short titleThis Act may be cited as the Food Date Labeling Act of 2019. 2.DefinitionsIn this Act:
 (1)Administering SecretariesThe term administering Secretaries means— (A)the Secretary of Agriculture with respect to any product that is under the Secretary of Agriculture’s jurisdiction and is—
 (i)a poultry product, as defined in section 4 of the Poultry Products Inspection Act (21 U.S.C. 453); (ii)a meat food product, as defined in section 1 of the Federal Meat Inspection Act (21 U.S.C. 601); or
 (iii)an egg product, as defined in section 4 of the Egg Products Inspection Act (21 U.S.C. 1033); and (B)the Secretary of Health and Human Services with respect to any product that is under the Secretary of Health and Human Services’ jurisdiction and is a food (as defined in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321)).
 (2)Discard dateThe term discard date means a date voluntarily printed on food packaging, which signifies the end of the estimated period of shelf life under any stated storage conditions, after which the food labeler advises the product not be consumed.
 (3)Food labelerThe term food labeler means the producer, manufacturer, distributor, or retailer that places a date label on food packaging of a product.
 (4)Quality dateThe term quality date means a date voluntarily printed on food packaging that is intended to communicate to consumers the date after which—
 (A)the quality of the product may begin to deteriorate; but (B)the product remains apparently wholesome food (as defined in subsection (b)(2) of section 22 of the Child Nutrition Act of 1966 (42 U.S.C. 1791(b)(2)); also known as the Bill Emerson Good Samaritan Food Donation Act).
				3.Quality dates and discard dates
			(a)Quality dates
 (1)In generalIf a food labeler includes a quality date on food packaging, the label shall use the uniform quality date label phrase under paragraph (2).
 (2)Uniform phraseThe uniform quality date label phrase under this paragraph shall be BEST If Used By or, if permissible under subsection (c)(3), the standard abbreviation of BB, unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1).
 (3)Option of the labelerThe decisions on whether to include a quality date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler.
				(b)Discard dates
 (1)In generalIf a food labeler includes a discard date on food packaging, the label shall use the uniform discard date label phrase under paragraph (2).
 (2)Uniform phraseThe uniform discard date label phrase under this paragraph shall be USE By or, if permissible under subsection (c)(3), the standard abbreviation of UB, unless and until the administering Secretaries, acting jointly, specify through rulemaking another uniform phrase to be used for purposes of complying with paragraph (1).
 (3)Option of the labelerThe decisions on whether to include a discard date on food packaging and which foods should be so labeled shall be at the discretion of the food labeler.
				(c)Quality date and discard date labeling
 (1)In generalThe quality date or discard date, as applicable, and immediately adjacent uniform quality date label phrase or discard date label phrase—
 (A)shall be— (i)in single easy-to-read type style; and
 (ii)located in a conspicuous place on the package of the food; and (B)may be on the label or, at the discretion of the food labeler, elsewhere on the package.
 (2)Date formatEach quality date and discard date shall be stated in terms of day and month and, as appropriate, year.
 (3)AbbreviationsA food labeler may use a standard abbreviation of BB and UB for the quality date and discard date, respectively, only if the food packaging is too small to include the uniform phrase described in subsection (a)(2) or (b)(2), as applicable.
 (4)Freeze byA food labeler may add or Freeze By following a quality date or discard date uniform phrase. (d)Infant formulaThis Act and the amendments made by this Act—
 (1)do not apply with respect to infant formula (as defined in section 201(z) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(z))); and
 (2)shall not be construed to affect the requirements pertaining to infant formula under section 412 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 350a) and other applicable provisions of law.
 (e)EducationNot later than 1 year after the date of enactment of this Act, the administering Secretaries, acting jointly, shall provide consumer education and outreach on the meaning of quality date and discard date food labels.
			(f)Rule of construction; preemption
 (1)Rule of constructionNothing in this Act or the amendments made by this Act shall be construed to prohibit any State or political subdivision of a State from establishing or continuing in effect any requirement that prohibits the sale or donation of foods based on passage of the discard date.
 (2)PreemptionNo State or political subdivision of a State may establish or continue in effect any requirement that—
 (A)relates to the inclusion in food labeling of a quality date or a discard date that is different from or in addition to, or that is otherwise not identical with, the requirements of this Act and the amendments made by this Act; or
 (B)prohibits the sale or donation of foods based on passage of the quality date. (3)EnforcementThe administering Secretaries, acting jointly and in coordination with the Federal Trade Commission, shall ensure that the uniform quality date label phrase and uniform discard date label phrase are standardized across all food products.
 (4)SavingsNotwithstanding paragraph (2), nothing in this Act, nor any amendment made by this Act, nor any standard or requirement imposed pursuant to this Act, shall be construed to preempt, displace, or supplant any State or Federal common law rights or any State or Federal statute creating a remedy for civil relief, including those for civil damage, or a penalty for criminal conduct.
 (g)Time temperature indicator labelsNothing in this Act or the amendments made by this Act shall be construed to prohibit or restrict the use of time-temperature indicator labels or similar technology that is in addition to or in lieu of any uniform quality date label phrase under subsection (a)(2) or uniform discard date label phrase under subsection (b)(2).
			4.Misbranding
 (a)FDA violationsSection 403 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 343) is amended by adding at the end the following:

 (z)If it is food and its labeling is in violation of section 3 of the Food Date Labeling Act of 2019.. (b)Poultry productsSection 4(h) of the Poultry Products Inspection Act (21 U.S.C. 453(h)) is amended—
 (1)in paragraph (11), by striking or at the end; (2)in paragraph (12), by striking the period at the end and inserting ; or; and
 (3)by adding at the end the following:  (13)if its labeling is in violation of section 3 of the Food Date Labeling Act of 2019..
 (c)Meat productsSection 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended— (1)in paragraph (11), by striking or at the end;
 (2)in paragraph (12), by striking the period at the end and inserting ; or; and (3)by adding at the end the following:

 (13)if its labeling is in violation of section 3 of the Food Date Labeling Act of 2019.. (d)Egg productsSection 7(b) of the Egg Products Inspection Act (21 U.S.C. 1036(b)) is amended in the first sentence by adding before the period at the end or if its labeling is in violation of section 3 of the Food Date Labeling Act of 2019.
 5.RegulationsNot later than 2 years after the date of enactment of this Act, the Secretaries, acting jointly, shall promulgate final regulations for carrying out the provisions of this Act and the amendments made by this Act.
 6.Delayed applicabilityThis Act and the amendments made by this Act shall apply only with respect to food products that are labeled on or after the date that is 2 years after the date of promulgation of final regulations under section 5.


115 HRES 1009 EH: Expressing the sense of the House of Representatives that the lack of timely and predictable funding unnecessarily undermines the mission of the United States Special Operations Command and jeopardizes the security of the United States.
U.S. House of Representatives
2018-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
115th CONGRESS
2d Session
H. RES. 1009
In the House of Representatives, U. S.,

July 25, 2018

RESOLUTION
Expressing the sense of the House of Representatives that the lack of timely and predictable funding unnecessarily undermines the mission of the United States Special Operations Command and jeopardizes the security of the United States.

Whereas the ability of the United States Special Operations Command to successfully conduct operations relies on adequate resourcing; Whereas Special Operations Forces must prepare for a wide array of missions to support and defend the United States in various capacities around the world;
Whereas the training and development of Special Operations Forces takes multiple years and cannot be created overnight; Whereas the success of the United States Special Operations Command requires close coordination between each branch of the Armed Forces;
Whereas training shortfalls have been identified as posing an unnecessary risk to Special Forces soldiers; Whereas the lack of full, on-time funding undermines the ability of the United States Special Operations Command to work by, with, and through our partner nations;
Whereas the smaller operating footprint of Special Operations Forces poses unique operational needs not found in conventional forces; Whereas the deployment cycle of Special Operations Forces requires additional attention and resources be provided for family and support programs before, during, and after deployments; and
Whereas the United States Special Operations Command must maintain a constant level of readiness that is significantly undermined by budget uncertainty: Now, therefore, be it  That the House of Representatives—
(1)finds that not providing the Department of Defense with stable, predictable, and on-time funding unnecessarily jeopardizes the safety and security of the United States; (2)expresses a sense of gratitude for the incredible sacrifices made by both Special Operators and their families; and
(3)commits to meeting the needs of the United States Special Operations Command as part of its efforts to restore military readiness.  Karen L. Haas,Clerk.


117 HR 4210 IH: Disaster Reforestation Act
U.S. House of Representatives
2021-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4210IN THE HOUSE OF REPRESENTATIVESJune 28, 2021Ms. Sewell (for herself and Mr. Carter of Georgia) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide a special rule for certain casualty losses of uncut timber.1.Short titleThis Act may be cited as the Disaster Reforestation Act.2.Casualty losses of uncut timber(a)In generalSection 165(b) of the Internal Revenue Code of 1986 is amended—(1)by striking For purposes of subsection (a) and inserting the following:(1)In generalFor purposes of subsection (a), and(2)by adding at the end the following new paragraph:(2)Special rule for casualty loss of uncut timber(A)In generalIn the case of the loss of any uncut timber from fire, storm, insects, invasive species, drought, or other casualty, or from theft, the basis for determining the amount of the deduction for such loss (as otherwise determined under paragraph (1)) shall not be less than the excess of—(i)the value of such uncut timber determined immediately before such loss was sustained, over(ii)the salvage value of such timber.(B)Appraisal methodsWith respect to the appraisal of a timber casualty loss described in subparagraph (A)—(i)the appraisal valuation date shall be not later than 1 year after the casualty loss; and(ii)the appraisal shall—(I)conform to the Uniform Standards of Professional Appraisal Practice (USPAP);(II)be limited to the value of the lost timber; and(III)be completed by a Federal- or State-certified appraiser.(C)Exclusion of timber not held for saleSubparagraph (A) shall not apply to any timber unless such timber is held for the purpose of being cut and sold in connection with a trade or business that is not a passive activity within the meaning of section 469.(D)Inclusion of pre-merchantable timberFor purposes of this paragraph, the term uncut timber shall not fail to include pre-merchantable timber.(E)Reforestation requirementSubparagraph (A) shall not apply unless the uncut timber subject to the loss is reforested (with hardwoods, softwoods, or any combination thereof) by planting, seeding, or appropriate site preparation, not later than the close of the 5-year period beginning on the date of such loss..(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


114 S2259 IS: ACO Assignment Improvement Act of 2015
U.S. Senate
2015-11-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 2259
		IN THE SENATE OF THE UNITED STATES

			November 9, 2015
			Ms. Cantwell (for herself, Mr. Thune, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title XVIII of the Social Security Act to improve the way beneficiaries are assigned under
			 the Medicare shared savings program by also basing such assignment on
			 primary care services furnished by nurse practitioners, physician
			 assistants, and clinical nurse specialists.

		1.Short title
 This Act may be cited as the ACO Assignment Improvement Act of 2015.
 2.Improvements to the assignment of beneficiaries under the Medicare shared savings programSection 1899(c) of the Social Security Act (42 U.S.C. 1395jjj(c)) is amended— (1)by striking utilization of primary and inserting “utilization of—

 (1)in the case of performance years beginning on or after April 1, 2012, primary ; (2)in paragraph (1), as added by paragraph (1) of this section, by striking the period at the end and inserting ; and; and
 (3)by adding at the end the following new paragraph:  (2)in the case of performance years beginning on or after January 1, 2018, primary care services provided under this title by an ACO professional described in subsection (h)(1)(B).
					.


I
One Hundred Eleventh Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
H. R. 5874

AN ACT
Making supplemental appropriations for the United States Patent and Trademark Office for the fiscal year ending September 30, 2010, and for other purposes.

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated for the fiscal year ending September 30, 2010, and for other purposes, namely:
Department of Commerce United States Patent and Trademark Office For an additional amount for Salaries and Expenses of the United States Patent and Trademark Office, $129,000,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections assessed and collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2010, so as to result in a fiscal year 2010 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2010, should the total amount of offsetting fee collections be less than $2,016,000,000, this amount shall be reduced accordingly. Bureau of the Census Periodic Censuses and ProgramsOf funds made available under this heading by Public Law 111–117, $129,000,000 are hereby rescinded.
This Act may be cited as the United States Patent and Trademark Office Supplemental Appropriations Act, 2010.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


116 HR 3929 IH: Greater Access and Independence through Nonvisual Access Technology Act of 2019
U.S. House of Representatives
2019-07-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS1st Session
H. R. 3929
IN THE HOUSE OF REPRESENTATIVES

July 24, 2019
Ms. Schakowsky (for herself, Mr. DeSaulnier, and Ms. Blunt Rochester) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To direct the Architectural and Transportation Barriers Compliance Board to develop a minimum nonvisual access standard for home use medical devices, exercise equipment, and home appliances, and for other purposes.

1.Short titleThis Act may be cited as the Greater Access and Independence through Nonvisual Access Technology Act of 2019 or the GAIN Act.  2.FindingsCongress finds the following:
(1)Rapid advances in digital technology have led to increasingly complex user interfaces for everyday products such as home use medical devices, home appliances, and exercise equipment. Many new devices in these categories utilize displays that can only be operated visually and require user interaction with on-screen menus and other interfaces that are inaccessible to consumers who are blind.  (2)The use of interfaces which must be operated visually on exercise equipment such as treadmills and elliptical machines make these devices unusable by people who are blind. This lack of access is a potential threat to a blind person improving their health and a barrier to maintaining their physical well-being.
(3)The use of interfaces which must be operated visually on home appliances such as laundry machines, dishwashers, and stoves make these devices difficult, if not impossible, to use by people who are blind. This lack of access is a potential barrier to independent living and overall quality of life.  (4)Increasingly, home use medical devices are being utilized to lessen the cost of medical care for consumers. Devices such as blood pressure monitors, sleep apnea machines, and in-home chemotherapy treatment devices generally lack nonvisual accessibility. If a home use medical device is not accessible in a nonvisual manner, a blind person cannot use it efficiently and independently. The lack of nonvisual accessibility in these devices poses major health risks for blind consumers, including potentially life-threatening consequences.
(5)Screen access technology has become inexpensive and is in wider use than ever before. Many technology companies have incorporated screen access technology functionalities into their products. Screen access technology is not the only mechanism by which home use medical devices, exercise equipment, and home appliances can be made accessible to blind consumers. In some cases, tactile markings, audible tones, or cost-effective and widely available text-to-speech technology may be sufficient to make such devices fully accessible. Devices can be designed to work with nonvisual access technology used by the blind at little or no extra cost as long as such compatibility is taken into consideration at the beginning of the design process.  (6)Consumers who are blind must be able to operate home use medical devices, exercise equipment, and home appliances in an equally effective and equally integrated manner and with equivalent ease of use as consumers without disabilities.
3.Minimum nonvisual access standard for covered devices
(a)In generalThe Access Board shall promulgate a minimum nonvisual access standard for each type of covered device that will ensure nonvisual access to such respective device by blind consumers.  (b)Effective dateA minimum nonvisual access standard shall apply to a covered device that is manufactured after the date that is 24 months after the date on which such standard is promulgated.
4.Rulemaking
(a)In generalThe Architectural and Transportation Compliance Board established pursuant to section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) (in this Act referred to as the Access Board) shall conduct a review of nonvisual accessibility standards for home use medical devices, home appliances, and exercise equipment.  (b)Research and consultationIn conducting the review required by subsection (a), the Access Board shall—
(1)review all available research on methods by which blind consumers can acquire nonvisual access to covered devices;  (2)commission such additional research as the Access Board considers necessary to fulfill its responsibility under subsection (a) of this section;
(3)consult with groups representing blind consumers; and  (4)consult with manufacturers of covered devices and organizations that represent such manufacturers.
(c)Rulemaking requiredNot later than 18 months after the date of enactment of this Act, the Access Board shall initiate rulemaking pursuant to section 3(a).  (d)Final ruleNot later than 36 months after the date of enactment of this Act, the Access Board shall issue the final rule.
5.Enforcement
(a)Education of manufacturersThe Access Board shall conduct training to educate manufacturers of covered devices about the minimum nonvisual access standard and compliance with such standard.  (b)Powers and duties (1)Home use medical devicesThe Food and Drug Administration is responsible for overseeing the nonvisual access compliance of manufacturers who produce home use medical devices.
(2)Home appliances and exercise equipmentThe Federal Trade Commission is responsible for overseeing the nonvisual access compliance of manufacturers who produce home appliances and exercise equipment.  (c)Investigations (1)Complaints (A)Home use medical deviceThe Food and Drug Administration shall investigate each complaint regarding a home use medical device does not comply with the minimum nonvisual access standard applicable to such device and shall determine whether the device complies with such minimum nonvisual access standard.
(B)Home appliance or piece of exercise equipmentThe Federal Trade Commission shall investigate each complaint regarding a home appliance or piece of exercise equipment does not comply with the minimum nonvisual access standard applicable to such appliance or equipment and shall determine whether the appliance or equipment complies with such minimum nonvisual access standard.  (2)Other investigationsIn addition to investigations under paragraph (1), the proper agency may conduct such other investigations considered appropriate to ensure compliance with the minimum nonvisual access standard set forth by the Access Board.
(d)Enforcement actionIf the proper agency determines that a manufacturer has manufactured or offered for sale a covered device that does not comply with the minimum nonvisual access standard applicable to such covered device, the proper agency shall determine and levy a penalty pursuant to subsection (e).  (e)Civil penaltyThe proper agency, if it is determined that a violation has occurred, may assess a civil monetary penalty against such manufacturer in an amount not to exceed 10 percent of the retail value of the covered device involved for each noncompliant unit of such covered device manufactured.
6.Private right of action
(a)In generalA blind consumer who has an encounter with a covered device that does not comply with a minimum nonvisual access standard applicable to such covered device may, after notifying the proper agency of such encounter, commence a civil action against the manufacturer of such covered device not later than 180 days after such encounter.  (b)ReliefIf the court in a civil action commenced under subsection (a) of this section determines that the covered device involved is in violation of the minimum nonvisual access standard, the court may grant the following relief:
(1)Monetary damages in an amount equal to the greater of $10,000 per violation per unit of such covered device.  (2)Such equitable relief as the court considers appropriate, including temporary, preliminary, and permanent injunctive relief.
(3)Reasonable attorneys’ fees.  (4)In the case of willful or repeated violations by the manufacturer, punitive damages.
7.Rule of constructionNothing in this Act shall be construed to limit the rights of blind consumers under any other applicable law.  8.DefinitionsIn this Act, the following definitions apply:
(1)Access BoardThe term Access Board has the meaning given such term in section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792).  (2)Blind consumerThe term blind consumer means an individual whose vision—
(A)is 20/200 or less in the best corrected eye;  (B)subtends an angle of not greater than 20 degrees in the best corrected eye; or
(C)is such that the individual cannot use a covered device without nonvisual means.  (3)Covered deviceThe term covered device means a Home Use Medical Device, Exercise Equipment, or Home Appliance.
(4)Exercise equipmentThe term exercise equipment means an exercise machine with an interactive user interface for use in residential or commercial settings.  (5)Home applianceThe term home appliance means an electric appliance that is designed for use in a residential setting.
(6)Home use medical deviceThe term home use medical device means a medical device intended for use in a residential setting, including devices intended for use in both residential and professional healthcare facilities.  (7)Nonvisual accessThe term nonvisual access means the ability of an individual to use all functions of a device in an equally effective and equally integrated manner and with equivalent ease of use.
(8)Proper agencyThe term proper agency means the respective agency who is responsible for overseeing specific categories of covered devices.


116 HR 2110 IH: Relief From Sequestration Act of 2019
U.S. House of Representatives
2019-04-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2110IN THE HOUSE OF REPRESENTATIVESApril 4, 2019Mr. Smith of Washington (for himself, Ms. DelBene, Mr. Cárdenas, Mr. Nadler, Mr. McGovern, Mr. Van Drew, Mrs. Davis of California, Mr. Gallego, and Ms. Slotkin) introduced the following bill; which was referred to the Committee on the BudgetA BILLTo amend the Balanced Budget and Emergency Deficit Control Act of 1985 to eliminate the section
			 251A sequestrations, and for other purposes.

 1.Short titleThis Act may be cited as the Relief From Sequestration Act of 2019. 2.Findings and purposes (a)FindingsCongress finds the following:
 (1)Sequestration was designed as a forcing mechanism for an agreement on a comprehensive deficit reduction plan. It has failed to produce the intended results.
 (2)The Budget Control Act of 2011 was enacted to avert a default on Federal debt obligations. (3)Because the Joint Select Committee on Deficit Reduction failed to recommend legislation providing an additional $1.2 trillion in deficit reduction, Federal law mandates that the additional savings be sequestered.
 (4)Congress must enact a comprehensive, deficit reduction plan to solve the country’s fiscal challenges and to promote national security, economic stability, and the continued growth and prosperity of the United States.
 (5)It no longer makes sense to rely on sequestration as a forcing mechanism for a balanced solution. The costs to our Government and to the economy are too great.
 (6)Under sequestration, damaging cuts would be applied, through fiscal year 2021, to a wide variety of discretionary spending programs to achieve $1.2 trillion in savings, forestalling the sound planning needed for prudent and meaningful investments in national security, the workforce, transportation infrastructure, education, health care, public safety, housing, innovation, small business development, and many other facets of enduring national strength.
 (7)Even the prospect of sequestration is disruptive to regular order and to the congressional appropriations process, and it fosters damaging economic uncertainty, while short-term solutions only suspend the prospect and continue to undermine the certainty needed for economic recovery.
 (b)PurposesThe purposes of this Act are to— (1)eliminate sequestration resulting from the failure of the Joint Select Committee on Deficit Reduction; and
 (2)offer the Federal Government, industry, and the American people the predictability that economic recovery demands.
				3.Repeal of section 251A sequestrations
 (a)RepealerSection 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. (b)Conforming amendmentThe item relating to section 251A in the table of contents set forth in section 250(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed.


115 S3664 IS: Zero-Emission Vehicles Act of 2018
U.S. Senate
2018-11-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 3664
		IN THE SENATE OF THE UNITED STATES

			November 28, 2018
			Mr. Merkley (for himself and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To amend the Clean Air Act to create a national zero-emission vehicle standard, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Zero-Emission Vehicles Act of 2018. 2.National zero-emission vehicle standard (a)National zero-Emission vehicle standardPart A of title II of the Clean Air Act (42 U.S.C. 7521 et seq.) is amended by adding at the end the following:

					220.National zero-emission vehicle standard
 (a)DefinitionsIn this section: (1)Base quantity of new passenger vehicle salesThe term base quantity of new passenger vehicle sales means the total quantity of new passenger vehicles sold by a vehicle manufacturer during the most recent calendar year.
 (2)Passenger vehicleThe term passenger vehicle has the meaning given the term passenger motor vehicle in section 32101 of title 49, United States Code. (3)Qualified electric vehicleThe term qualified electric vehicle means a passenger vehicle that is—
 (A)a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of the Internal Revenue Code of 1986); or
 (B)a new qualified plug-in electric drive motor vehicle (as defined in section 30D(d) of the Internal Revenue Code of 1986).
 (4)RetireThe term retire, with respect to a zero-emission vehicle credit, means to disqualify the zero-emission vehicle credit for any subsequent use under this section, including sale, transfer, exchange, or submission in satisfaction of a compliance obligation.
							(5)Vehicle manufacturer
 (A)In generalThe term vehicle manufacturer means an entity that— (i)engaged in the manufacturing of new passenger vehicles; and
 (ii)sold not fewer than 100 new passenger vehicles to ultimate purchasers, either directly or through an affiliate, such as a dealer.
 (B)ExclusionsThe term vehicle manufacturer does not include— (i)a motor vehicle parts supplier; or
 (ii)a dealer. (6)Zero-emission vehicleThe term zero-emission vehicle means a passenger vehicle that produces zero exhaust emissions of any criteria pollutant, precursor pollutant, or greenhouse gas in any mode of operation or condition, as determined by the Administrator.
 (b)ComplianceFor calendar year 2030 and each calendar year thereafter, each vehicle manufacturer shall meet the requirements of subsections (c) and (d) by submitting to the Administrator, not later than April 1 of the following calendar year, as applicable—
 (1)for a vehicle manufacturer that fails to meet the minimum required percentage of new zero-emission vehicle sales for the applicable calendar year, as determined under subsection (c), a quantity of zero-emission vehicle credits sufficient to offset that excess, as determined by the Administrator; or
 (2)for a vehicle manufacturer that meets or exceeds the minimum required percentage of new zero-emission vehicle sales for the applicable calendar year, as determined under subsection (c), a certification of that compliance, as the Administrator determines to be appropriate.
 (c)Minimum required annual percentage of new zero-Emission vehicle salesFor calendar years 2030 through 2040, in annual increments, the minimum annual percentage of the base quantity of new passenger vehicle sales of a vehicle manufacturer that shall be zero-emission vehicles, or otherwise credited towards the percentage requirement pursuant to subsection (e), shall be the applicable percentage specified in the following table:Minimum Required Annual Percentage of New Zero-Emission Vehicle SalesCalendar YearPercentage203050.0203155.0203260.0203365.0203470.0203575.0203680.0203785.0203890.0203995.02040100.0.
 (d)Requirement for 2040 and thereafterFor calendar year 2040 and each calendar year thereafter, a vehicle manufacturer shall sell only zero-emission vehicles.
						(e)Zero-Emission vehicle credits
							(1)In
 generalA vehicle manufacturer may satisfy the requirements of subsection (b) through the submission of zero-emission vehicle credits—
 (A)issued to the vehicle manufacturer under subsection (f); or
 (B)obtained by purchase, transfer, or exchange under subsection (g).
 (2)LimitationA zero-emission vehicle credit may be counted toward compliance with subsection (b) only once.
							(f)Issuance of zero-Emission vehicle credits
							(1)In
 generalNot later than 2 years after the date of enactment of this section, the Administrator shall establish by rule a program—
 (A)to verify and issue zero-emission vehicle credits to vehicle manufacturers; (B)to track the sale, transfer, exchange, carry over, and retirement of zero-emission vehicle credits; and
 (C)to enforce the requirements of this section.
								(2)Application
								(A)In
 generalA vehicle manufacturer that sold, either directly or through an affiliate, such as a dealer, a new zero-emission vehicle or a qualified electric vehicle in the United States may apply to the Administrator for the issuance of a zero-emission vehicle credit.
 (B)EligibilityTo be eligible for the issuance of a zero-emission vehicle credit, a vehicle manufacturer shall demonstrate to the Administrator that the vehicle manufacturer sold 1 or more zero-emission vehicles or qualified electric vehicles in the previous calendar year.
 (C)ContentsThe application shall indicate—
 (i)the type of zero-emission vehicle or qualified electric vehicle that was sold;
 (ii)the State in which the zero-emission vehicle or qualified electric vehicle was sold; and (iii)any other information determined to be appropriate by the Administrator.
 (D)AggregationAn application for a zero-emission vehicle credit under subparagraph (A) may aggregate information on all zero-emission vehicles and qualified electric vehicles sold by the vehicle manufacturer in the applicable calendar year.
								(3)Quantity of
		  zero-emission vehicle credits
 (A)Zero-emission vehiclesThe Administrator shall issue to a vehicle manufacturer the application under paragraph (2) of which is approved 1 zero-emission vehicle credit for each zero-emission vehicle sold in the United States.
 (B)Qualified electric vehiclesFor a qualified electric vehicle sold by a vehicle manufacturer the application under paragraph (2) of which is approved, the Administrator shall issue a partial zero-emission vehicle credit based on the estimated proportion of the mileage driven on the battery of the qualified electric vehicle, as determined by the Administrator.
 (C)Fuel-efficient vehiclesThe Administrator may issue a partial zero-emission vehicle credit for a passenger vehicle that consumes less gasoline, as compared to comparable passenger vehicles (as identified by the Administrator), based on the estimated proportion of fuel savings, as determined by the Administrator.
 (D)Credit bankingA zero-emission vehicle credit issued for any calendar year that is not submitted to comply with the minimum annual percentage of new zero-emission vehicles requirement of subsection (c) during that calendar year may be carried forward for use pursuant to subsection (b)(1) within the next 5 years, but not later than 2040.
								(g)Zero-Emission vehicle credit trading
							(1)In
 generalA zero-emission vehicle credit for any calendar year before 2040 that is not submitted to the Administrator to comply with the minimum annual percentage of new zero-emission vehicles requirement of subsection (c) for that calendar year may be sold, transferred, or exchanged by the vehicle manufacturer to which the credit is issued or by any other entity that acquires the zero-emission vehicle credit.
 (2)DelegationThe Administrator may delegate to an appropriate market-making entity the administration of a national tradeable zero-emission vehicle credit market for purposes of creating a transparent national market for the sale or trade of zero-emission vehicle credits.
							(h)Zero-Emission vehicle credit retirement
 (1)In generalAny entity that obtains legal rights to a zero-emission vehicle credit may retire the zero-emission vehicle credit in any calendar year.
 (2)Use of retired zero-emission vehicle creditA zero-emission vehicle credit retired under paragraph (1) may not be used for compliance with subsection (b) in—
 (A)the calendar year in which the zero-emission vehicle credit is retired; or (B)any subsequent calendar year.
 (i)Information collectionThe Administrator may collect the information necessary to verify and audit—
 (1)the annual sales of passenger vehicles of any vehicle manufacturer;
 (2)a zero-emission vehicle credit submitted by a vehicle manufacturer pursuant to subsection (b)(1);
 (3)the validity of a zero-emission vehicle credit submitted for compliance by a vehicle manufacturer to the Administrator; and
 (4)the quantity of passenger vehicle sales in the United States of all vehicle manufacturers.
							(j)State programs
							(1)In
 generalNothing in this section shall preempt the authority of a State or political subdivision of a State to adopt or enforce any law (including regulations) relating to motor vehicles, including the authority to set standards for motor vehicle emissions and zero-emission vehicle requirements under section 177 and section 209.
 (2)Compliance with sectionNo law or regulation of a State or political subdivision of a State shall relieve any vehicle manufacturer from compliance with any requirement otherwise applicable under this section.
 (k)RegulationsNot later than 1 year after the date of enactment of this section, the Administrator shall promulgate regulations to implement this section.
						(l)Enforcement
							(1)Civil penalty
 (A)In generalA vehicle manufacturer that fails to comply with subsection (b) shall be liable for a civil penalty, assessed by the Administrator, in an amount that is equal to twice the average value of the aggregate quantity of zero-emission vehicle credits that the vehicle manufacturer failed to submit in violation of that subsection, as determined by the Administrator.
 (B)EnforcementThe Administrator shall assess any civil penalty under subparagraph (A). (C)DepositWith respect to any civil penalty paid to the Administrator pursuant to subparagraph (A), the Administrator shall deposit the amount into the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986.
 (2)InjunctionAfter calendar year 2040, the Administrator may issue an injunction on the manufacture of any passenger vehicles other than zero-emission vehicles by a vehicle manufacturer..
			(b)Table of
 contents amendmentThe table of contents of the Clean Air Act (42 U.S.C. prec. 7401) is amended by adding at the end of the items relating to part A of title II the following:
				Sec. 220. National zero-emission vehicle standard..


109 HR 6315 IH: Student Privacy Protection Act of

U.S. House of Representatives
2006-11-13
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.

		I
		109th CONGRESS
		2d Session
		H. R. 6315
		IN THE HOUSE OF REPRESENTATIVES

			November 13, 2006
			Mr. Andrews
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce, and in addition to the Committee on the
			 Judiciary, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To afford students and parents with private civil
		  remedies for the violation of their privacy rights under the General Education
		  Provisions Act.

		1.Short titleThis Act may be cited as the
			 Student Privacy Protection Act of
			 2006.
		2.Remedy
			 establishedSection 444 of the
			 General Education Provisions Act (20 U.S.C. 1232g) is amended by adding at the
			 end the following new subsection:

				(k)Private
				remedies
					(1)Actions
				authorizedNo educational agency or institution subject to the
				requirements of this section shall deprive any parent or student (or person
				applying for admission as a student) of any of the rights of privacy of and
				access to educational records established by this section. Any such parent,
				student, or person aggrieved by an action or inaction in violation of this
				section or the regulations thereunder by such an educational agency or
				institution may bring, in an appropriate United States district court—
						(A)an action based on
				a violation of this section or the regulation prescribed thereunder to enjoin
				such violation;
						(B)an action to recover damages from such a
				violation, as determined by the court; or
						(C)both such actions.
						(2)Treble
				damagesIf the court finds
				that the defendant willfully or knowingly violated this section or the
				regulations thereunder, the court may, in its discretion, increase the amount
				of the award under paragraph (1) to not more than 3 times the amount available
				under subparagraph (B) of such
				paragraph.
					.