 HR 5021 ENR: Highway and Transportation Funding Act of 2014
U.S. House of Representatives

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
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 5021

AN ACT
To provide an extension of Federal-aid highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Highway and Transportation Funding Act of 2014.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Title I—Surface Transportation Program Extension
Subtitle A—Federal-Aid Highways
Sec. 1001. Extension of Federal-aid highway programs.
Sec. 1002. Administrative expenses.
Subtitle B—Extension of Highway Safety Programs
Sec. 1101. Extension of National Highway Traffic Safety Administration highway safety programs.
Sec. 1102. Extension of Federal Motor Carrier Safety Administration programs.
Sec. 1103. Dingell-Johnson Sport Fish Restoration Act.
Subtitle C—Public Transportation Programs
Sec. 1201. Formula grants for rural areas.
Sec. 1202. Apportionment of appropriations for formula grants.
Sec. 1203. Authorizations for public transportation.
Sec. 1204. Bus and bus facilities formula grants.
Subtitle D—Hazardous Materials
Sec. 1301. Authorization of appropriations.
Title II—Revenue Provisions
Sec. 2001. Extension of Highway Trust Fund expenditure authority.
Sec. 2002. Funding of Highway Trust Fund.
Sec. 2003. Funding stabilization.
Sec. 2004. Extension of Customs user fees.
Title III—Treatment for PAYGO Purposes
Sec. 3001. Budgetary Effects.
2.FindingsCongress finds that—
(1)the existing Highway Trust Fund system is unsustainable and unable to meet our Nation’s 21st century transportation needs;
(2)MAP–21 included important reforms that must be built upon in the next reauthorization bill to increase the efficient and effective utilization of Federal funding;
(3)these reforms should include the elimination of duplicative Federal regulations and increase the authority and responsibility of the States to safely and efficiently build, operate, and fund transportation systems that best serve the needs of their citizens, including the ability of each State to implement innovative solutions, while also maintaining the appropriate Federal role in transportation; and
(4)Congress should enact and the President should sign a surface transportation reauthorization and reform bill prior to the expiration of this Act.
ISurface Transportation Program Extension
AFederal-Aid Highways
1001.Extension of Federal-aid highway programs
(a)In generalExcept as provided in this subtitle, requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under divisions A and E of MAP–21 (Public Law 112–141), the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244), titles I, V, and VI of SAFETEA–LU (Public Law 109–59), titles I and V of the Transportation Equity Act for the 21st Century (Public Law 105–178), the National Highway System Designation Act of 1995 (104–59), titles I and VI of the Intermodal Surface Transportation Act of 1991 (Public Law 102–240), and title 23, United States Code (excluding chapter 4 of that title), which would otherwise expire on or cease to apply after September 30, 2014, are incorporated by reference and shall continue in effect until May 31, 2015.
(b)Authorization of appropriations
(1)Highway trust fundExcept as provided in section 1002, there is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for the period beginning on October 1, 2014, and ending on May 31, 2015, a sum equal to 243/365 of the total amount authorized to be appropriated out of the Highway Trust Fund for programs, projects, and activities for fiscal year 2014 under divisions A and E of MAP–21 (Public Law 112–141) and title 23, United States Code (excluding chapter 4 of that title).
(2)General fundSection 1123(h)(1) of MAP–21 (23 U.S.C. 202 note) is amended by inserting and $19,972,603 out of the general fund of the Treasury to carry out the program for the period beginning on October 1, 2014, and ending on May 31, 2015 before the period at the end.
(c)Use of funds
(1)In generalExcept as otherwise expressly provided in this subtitle, funds authorized to be appropriated under subsection (b)(1) for the period beginning on October 1, 2014, and ending on May 31, 2015, shall be distributed, administered, limited, and made available for obligation in the same manner and at the same levels as 243/365 of the amounts of funds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) for fiscal year 2014 to carry out programs, projects, activities, eligibilities, and requirements under MAP–21 (Public Law 112–141), the SAFETEA–LU Technical Corrections Act of 2008 (Public Law 110–244), SAFETEA–LU (Public Law 109–59), titles I and V of the Transportation Equity Act for the 21st Century (Public Law 105–178), the National Highway System Designation Act of 1995 (104–59), titles I and VI of the Intermodal Surface Transportation Act of 1991 (Public Law 102–240), and title 23, United States Code (excluding chapter 4 of that title).
(2)Contract authorityFunds authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) under this section shall be—
(A)available for obligation and shall be administered in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; and
(B)subject to section 1102 of MAP–21 (23 U.S.C. 104 note), as amended by this subsection.
(3)Obligation ceilingSection 1102 of MAP–21 (23 U.S.C. 104 note) is amended—
(A)in subsection (a)—
(i)by striking and at the end of paragraph (1);
(ii)by striking the period at the end of paragraph (2) and inserting ; and; and
(iii)by adding at the end the following:

(3)$26,800,569,863 for the period beginning on October 1, 2014, and ending on May 31, 2015.;
(B)in subsection (b)—
(i)in paragraph (10) by striking 2011 and inserting 2012; and
(ii)in paragraph (12) by inserting , and for the period beginning on October 1, 2014, and ending on May 31, 2015, only in an amount equal to $639,000,000, less any reductions that would have otherwise been required for that year by section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a), then multiplied by 243⁄365 for that period after those fiscal years;
(C)in subsection (c)—
(i)in the matter preceding paragraph (1) by inserting and for the period beginning on October 1, 2014, and ending on May 31, 2015 after 2014;
(ii)by striking paragraph (1)(A) and inserting the following:

(A)amounts provided for administrative expenses and programs; and;
(iii)in paragraph (2) in the matter preceding subparagraph (A) by inserting or, for the period beginning on October 1, 2014, and ending May 31, 2015, that is equal to 243/365 of such unobligated balance after unobligated balance of amounts;
(iv)in paragraph (5) by striking section 204 and inserting sections 202 and 204; and
(v)by inserting or period after the fiscal year each place it appears;
(D)in subsection (d) in the matter preceding paragraph (1) by striking 2014 and inserting 2015;
(E)in subsection (f)—
(i)in paragraph (1)—
(I)in the matter preceding subparagraph (A) by inserting and for the period beginning on October 1, 2014, and ending on May 31, 2015 after 2014; and
(II)by inserting or period after the fiscal year each place it appears; and
(ii)in paragraph (3) by striking section 133(c) and inserting section 133(b).
1002.Administrative expenses
(a)Authorization of contract authorityNotwithstanding any other provision of this Act or any other law, there is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account), from amounts provided under section 1001, for administrative expenses of the Federal-aid highway program $292,931,507 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(b)Contract authorityFunds authorized to be appropriated by this section shall be—
(1)available for obligation, and shall be administered, in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code, except that such funds shall remain available until expended; and
(2)subject to the limitation on obligations for Federal-aid highways and highway safety construction programs for the period beginning on October 1, 2014, and ending on May 31, 2015, specified in section 1102 of MAP–21 (23 U.S.C. 104 note), as amended by this subtitle.
BExtension of Highway Safety Programs
1101.Extension of National Highway Traffic Safety Administration highway safety programs
(a)Extension of programs
(1)Highway safety programsSection 31101(a)(1) of MAP–21 (126 Stat. 733) is amended—
(A)in subparagraph (A) by striking and at the end;
(B)in subparagraph (B) by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:

(C)$156,452,055 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(2)Highway safety research and developmentSection 31101(a)(2) of MAP–21 (126 Stat. 733) is amended—
(A)in subparagraph (A) by striking and at the end;
(B)in subparagraph (B) by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:

(C)$75,563,014 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(3)National priority safety programsSection 31101(a)(3) of MAP–21 (126 Stat. 733) is amended—
(A)in subparagraph (A) by striking and at the end;
(B)in subparagraph (B) by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:

(C)$181,084,932 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(4)National driver registerSection 31101(a)(4) of MAP–21 (126 Stat. 733) is amended—
(A)in subparagraph (A) by striking and at the end;
(B)in subparagraph (B) by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:

(C)$3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(5)High visibility enforcement program
(A)Authorization of appropriationsSection 31101(a)(5) of MAP–21 (126 Stat. 733) is amended—
(i)in subparagraph (A) by striking and at the end;
(ii)in subparagraph (B) by striking the period at the end and inserting ; and; and
(iii)by adding at the end the following:

(C)$19,306,849 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(B)Law enforcement campaignsSection 2009(a) of SAFETEA–LU (23 U.S.C. 402 note) is amended—
(i)in the first sentence by inserting and in the period beginning on October 1, 2014, and ending on May 31, 2015 after fiscal years 2013 and 2014; and
(ii)in the second sentence by inserting and in the period beginning on October 1, 2014, and ending on May 31, 2015, after fiscal years 2013 and 2014.
(6)Administrative expensesSection 31101(a)(6) of MAP–21 (126 Stat. 733) is amended—
(A)in subparagraph (A) by striking and at the end;
(B)in subparagraph (B) by striking the period at the end and inserting ; and; and
(C)by adding at the end the following:

(C)$16,976,712 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(b)Cooperative research and evaluationSection 403(f)(1) of title 23, United States Code, is amended by inserting ending before October 1, 2014, and $1,664,384 of the total amount available for apportionment to the States for highway safety programs under section 402(c) in the period beginning on October 1, 2014, and ending on May 31, 2015, after each fiscal year.
(c)Applicability of title 23Section 31101(c) of MAP–21 (126 Stat. 733) is amended by inserting and for the period beginning on October 1, 2014, and ending on May 31, 2015, after fiscal years 2013 and 2014.
1102.Extension of Federal Motor Carrier Safety Administration programs
(a)Motor carrier safety grantsSection 31104(a) of title 49, United States Code, is amended—
(1)by striking and at the end of paragraph (8);
(2)by striking the period at the end of paragraph (9) and inserting ; and; and
(3)by adding at the end the following:

(10)$145,134,247 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(b)Administrative expensesSection 31104(i)(1) of title 49, United States Code, is amended—
(1)by striking and at the end of subparagraph (H);
(2)by striking the period at the end of subparagraph (I) and inserting ; and; and
(3)by adding at the end the following:

(J)$172,430,137 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(c)Grant programs
(1)Commercial driver’s license program improvement grantsSection 4101(c)(1) of SAFETEA–LU (119 Stat. 1715) is amended by inserting before the period at the end the following: and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(2)Border enforcement grantsSection 4101(c)(2) of SAFETEA–LU (119 Stat. 1715) is amended by inserting before the period at the end the following: and $21,304,110 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(3)Performance and registration information system management grant programSection 4101(c)(3) of SAFETEA–LU (119 Stat. 1715) is amended by inserting before the period at the end the following: and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(4)Commercial vehicle information systems and networks deployment programSection 4101(c)(4) of SAFETEA–LU (119 Stat. 1715) is amended by inserting before the period at the end the following: and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(5)Safety data improvement grantsSection 4101(c)(5) of SAFETEA–LU (119 Stat. 1715) is amended by inserting before the period at the end the following: and $1,997,260 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(d)High-Priority activitiesSection 31104(k)(2) of title 49, United States Code, is amended by inserting and up to $9,986,301 for the period beginning on October 1, 2014, and ending on May 31, 2015, after 2014.
(e)New entrant auditsSection 31144(g)(5)(B) of title 49, United States Code, is amended by inserting and up to $21,304,110 for the period beginning on October 1, 2014, and ending on May 31, 2015, after per fiscal year.
(f)Outreach and educationSection 4127(e) of SAFETEA–LU (119 Stat. 1741) is amended by inserting and $2,663,014 to the Federal Motor Carrier Safety Administration for the period beginning on October 1, 2014, and ending on May 31, 2015, after 2014.
(g)Grant program for commercial motor vehicle operatorsSection 4134(c) of SAFETEA–LU (49 U.S.C. 31301 note) is amended by inserting and $665,753 for the period beginning on October 1, 2014, and ending on May 31, 2015, after 2014.
1103.Dingell-Johnson Sport Fish Restoration ActSection 4 of the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777c) is amended—
(1)in subsection (a) in the matter preceding paragraph (1) by inserting and for the period beginning on October 1, 2014, and ending on May 31, 2015 after 2014; and
(2)in subsection (b)(1)(A) by striking for each and all that follows before the Secretary of the Interior and inserting for each fiscal year ending before October 1, 2014, and for the period beginning on October 1, 2014, and ending on May 31, 2015,.
CPublic Transportation Programs
1201.Formula grants for rural areasSection 5311(c)(1) of title 49, United States Code, is amended—
(1)in subparagraph (A) by inserting for each fiscal year ending before October 1, 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015, before shall be distributed; and
(2)in subparagraph (B) by inserting for each fiscal year ending before October 1, 2014, and $16,643,836 for the period beginning on October 1, 2014, and ending on May 31, 2015, before shall be apportioned.
1202.Apportionment of appropriations for formula grantsSection 5336(h)(1) of title 49, United States Code, is amended by inserting for each fiscal year ending before October 1, 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015, before shall be set aside.
1203.Authorizations for public transportation
(a)Formula grantsSection 5338(a) of title 49, United States Code, is amended—
(1)in paragraph (1) by striking and $8,595,000,000 for fiscal year 2014 and inserting , $8,595,000,000 for fiscal year 2014, and $5,722,150,685 for the period beginning on October 1, 2014, and ending on May 31, 2015;
(2)in paragraph (2)—
(A)in subparagraph (A) by striking and $128,800,000 for fiscal year 2014 and inserting , $128,800,000 for fiscal year 2014, and $85,749,041 for the period beginning on October 1, 2014, and ending on May 31, 2015,;
(B)in subparagraph (B) by inserting and $6,657,534 for the period beginning on October 1, 2014, and ending on May 31, 2015, after 2014;
(C)in subparagraph (C) by striking and $4,458,650,000 for fiscal year 2014 and inserting , $4,458,650,000 for fiscal year 2014, and $2,968,361,507 for the period beginning on October 1, 2014, and ending on May 31, 2015,;
(D)in subparagraph (D) by striking and $258,300,000 for fiscal year 2014 and inserting , $258,300,000 for fiscal year 2014, and $171,964,110 for the period beginning on October 1, 2014, and ending on May 31, 2015,;
(E)in subparagraph (E)—
(i)by striking and $607,800,000 for fiscal year 2014 and inserting , $607,800,000 for fiscal year 2014, and $404,644,932 for the period beginning on October 1, 2014, and ending on May 31, 2015,;
(ii)by striking and $30,000,000 for fiscal year 2014 and inserting , $30,000,000 for fiscal year 2014, and $19,972,603 for the period beginning on October 1, 2014, and ending on May 31, 2015,; and
(iii)by striking and $20,000,000 for fiscal year 2014 and inserting , $20,000,000 for fiscal year 2014, and $13,315,068 for the period beginning on October 1, 2014, and ending on May 31, 2015,;
(F)in subparagraph (F) by inserting and $1,997,260 for the period beginning on October 1, 2014, and ending on May 31, 2015, after 2014;
(G)in subparagraph (G) by inserting and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015, after 2014;
(H)in subparagraph (H) by inserting and $2,563,151 for the period beginning on October 1, 2014, and ending on May 31, 2015, after 2014;
(I)in subparagraph (I) by striking and $2,165,900,000 for fiscal year 2014 and inserting , $2,165,900,000 for fiscal year 2014, and $1,441,955,342 for the period beginning on October 1, 2014, and ending on May 31, 2015,;
(J)in subparagraph (J) by striking and $427,800,000 for fiscal year 2014 and inserting , $427,800,000 for fiscal year 2014, and $284,809,315 for the period beginning on October 1, 2014, and ending on May 31, 2015,; and
(K)in subparagraph (K) by striking and $525,900,000 for fiscal year 2014 and inserting , $525,900,000 for fiscal year 2014, and $350,119,726 for the period beginning on October 1, 2014, and ending on May 31, 2015,.
(b)Research, development demonstration and deployment projectsSection 5338(b) of title 49, United States Code, is amended by striking and $70,000,000 for fiscal year 2014 and inserting , $70,000,000 for fiscal year 2014, and $46,602,740 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(c)Transit cooperative research programSection 5338(c) of title 49, United States Code, is amended by striking and $7,000,000 for fiscal year 2014 and inserting , $7,000,000 for fiscal year 2014, and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(d)Technical assistance and standards developmentSection 5338(d) of title 49, United States Code, is amended by striking and $7,000,000 for fiscal year 2014 and inserting , $7,000,000 for fiscal year 2014, and $4,660,274 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(e)Human resources and trainingSection 5338(e) of title 49, United States Code, is amended by striking and $5,000,000 for fiscal year 2014 and inserting , $5,000,000 for fiscal year 2014, and $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(f)Capital investment grantsSection 5338(g) of title 49, United States Code, is amended by striking and $1,907,000,000 for fiscal year 2014 and inserting , $1,907,000,000 for fiscal year 2014, and $1,269,591,781 for the period beginning on October 1, 2014, and ending on May 31, 2015.
(g)AdministrationSection 5338(h) of title 49, United States Code, is amended—
(1)in paragraph (1) by striking and $104,000,000 for fiscal year 2014 and inserting , $104,000,000 for fiscal year 2014, and $69,238,356 for the period beginning on October 1, 2014, and ending on May 31, 2015;
(2)in paragraph (2) by inserting for each of fiscal years 2013 and 2014 and not less than $3,328,767 for the period beginning on October 1, 2014, and ending on May 31, 2015, before shall be available; and
(3)in paragraph (3) by inserting for each of fiscal years 2013 and 2014 and not less than $665,753 for the period beginning on October 1, 2014, and ending on May 31, 2015, before shall be available.
1204.Bus and bus facilities formula grantsSection 5339(d)(1) of title 49, United States Code, is amended—
(1)by inserting for each of fiscal years 2013 and 2014 and $43,606,849 for the period beginning on October 1, 2014, and ending on May 31, 2015, after $65,500,000;
(2)by inserting for each such fiscal year and $832,192 for such period after $1,250,000; and
(3)by inserting for each such fiscal year and $332,877 for such period after $500,000.
DHazardous Materials
1301.Authorization of appropriations
(a)In generalSection 5128(a) of title 49, United States Code, is amended—
(1)in paragraph (1) by striking and  at the end;
(2)in paragraph (2) by striking the period at the end and inserting ; and; and
(3)by adding at the end the following:

(3)$28,468,948 for the period beginning on October 1, 2014, and ending on May 31, 2015..
(b)Hazardous Materials Emergency Preparedness FundSection 5128(b) of title 49, United States Code, is amended—
(1)by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively, and by adjusting the margins accordingly;
(2)by striking From the and inserting the following:

(1)Fiscal years 2013 and 2014From the; and
(3)by adding at the end the following:

(2)Fiscal year 2015From the Hazardous Materials Emergency Preparedness Fund established under section 5116(i), the Secretary may expend for the period beginning on October 1, 2014, and ending on May 31, 2015—
(A)$125,162 to carry out section 5115;
(B)$14,513,425 to carry out subsections (a) and (b) of section 5116, of which not less than $9,087,534 shall be available to carry out section 5116(b);
(C)$99,863 to carry out section 5116(f);
(D)$416,096 to publish and distribute the Emergency Response Guidebook under section 5116(i)(3); and
(E)$665,753 to carry out section 5116(j)..
(c)Hazardous materials training grantsSection 5128(c) of title 49, United States Code, is amended by inserting and $2,663,014 for the period beginning on October 1, 2014, and ending on May 31, 2015, after 2014.
IIRevenue Provisions
2001.Extension of Highway Trust Fund expenditure authority
(a)Highway Trust FundSection 9503 of the Internal Revenue Code of 1986 is amended—
(1)by striking October 1, 2014 in subsections (b)(6)(B), (c)(1), and (e)(3) and inserting June 1, 2015, and
(2)by striking MAP–21 in subsections (c)(1) and (e)(3) and inserting Highway and Transportation Funding Act of 2014.
(b)Sport Fish Restoration and Boating Trust FundSection 9504 of the Internal Revenue Code of 1986 is amended—
(1)by striking MAP–21 each place it appears in subsection (b)(2) and inserting Highway and Transportation Funding Act of 2014, and
(2)by striking October 1, 2014 in subsection (d)(2) and inserting June 1, 2015.
(c)Leaking Underground Storage Tank Trust FundParagraph (2) of section 9508(e) of the Internal Revenue Code of 1986 is amended by striking October 1, 2014 and inserting June 1, 2015.
2002.Funding of Highway Trust Fund
(a)In generalSubsection (f) of section 9503 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (5) as paragraph (7) and by inserting after paragraph (4) the following new paragraphs:

(5)Additional sumsOut of money in the Treasury not otherwise appropriated, there is hereby appropriated—
(A)$7,765,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and
(B)$2,000,000,000 to the Mass Transit Account in the Highway Trust Fund.
(6)Additional increase in fund balanceThere is hereby transferred to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund amounts appropriated from the Leaking Underground Storage Tank Trust Fund under section 9508(c)(3)..
(b)Appropriation from Leaking Underground Storage Tank Trust Fund
(1)In generalSubsection (c) of section 9508 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(3)Additional transfer to Highway Trust FundOut of amounts in the Leaking Underground Storage Tank Trust Fund there is hereby appropriated $1,000,000,000 to be transferred under section 9503(f)(6) to the Highway Account (as defined in section 9503(e)(5)(B)) in the Highway Trust Fund..
(2)Conforming amendmentSection 9508(c)(1) of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and inserting paragraphs (2) and (3).
2003.Funding stabilization
(a)Funding stabilization under the Internal Revenue Code of 1986The table in subclause (II) of section 430(h)(2)(C)(iv) of the Internal Revenue Code of 1986 is amended to read as follows:

If the calendar year is:The applicable minimum percentage is:The applicable maximum percentage is:

2012, 2013, 2014, 2015, 2016, or 201790%110%
201885%115%
201980%120%
202075%125%
After 202070%130%.
(b)Funding stabilization under Employee Retirement Income Security Act of 1974
(1)In generalThe table in subclause (II) of section 303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read as follows:

If the calendar year is:The applicable minimum percentage is:The applicable maximum percentage is:

2012, 2013, 2014, 2015, 2016, or 201790%110%
201885%115%
201980%120%
202075%125%
After 202070%130%.
(2)Conforming amendments
(A)In generalSection 101(f)(2)(D) of such Act (29 U.S.C. 1021(f)(2)(D)) is amended—
(i)in clause (i) by inserting and the Highway and Transportation Funding Act of 2014 after MAP–21 both places it appears, and
(ii)in clause (ii) by striking 2015 and inserting 2020.
(B)StatementsThe Secretary of Labor shall modify the statements required under subclauses (I) and (II) of section 101(f)(2)(D)(i) of such Act to conform to the amendments made by this section.
(c)Stabilization not To apply for purposes of certain accelerated benefit distribution rules
(1)Internal Revenue Code of 1986The second sentence of paragraph (2) of section 436(d) of the Internal Revenue Code of 1986 is amended by striking of such plan and inserting of such plan (determined by not taking into account any adjustment of segment rates under section 430(h)(2)(C)(iv)).
(2)Employee Retirement Income Security Act of 1974The second sentence of subparagraph (B) of section 206(g)(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1056(g)(3)(B)) is amended by striking of such plan and inserting of such plan (determined by not taking into account any adjustment of segment rates under section 303(h)(2)(C)(iv)).
(3)Effective date
(A)In generalExcept as provided in subparagraph (B), the amendments made by this subsection shall apply to plan years beginning after December 31, 2014.
(B)Collectively bargained plansIn the case of a plan maintained pursuant to 1 or more collective bargaining agreements, the amendments made by this subsection shall apply to plan years beginning after December 31, 2015.
(4)Provisions relating to plan amendments
(A)In generalIf this paragraph applies to any amendment to any plan or annuity contract, such plan or contract shall be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii).
(B)Amendments to which paragraph applies
(i)In generalThis paragraph shall apply to any amendment to any plan or annuity contract which is made—
(I)pursuant to the amendments made by this subsection, or pursuant to any regulation issued by the Secretary of the Treasury or the Secretary of Labor under any provision as so amended, and
(II)on or before the last day of the first plan year beginning on or after January 1, 2016, or such later date as the Secretary of the Treasury may prescribe.
(ii)ConditionsThis subsection shall not apply to any amendment unless, during the period—
(I)beginning on the date that the amendments made by this subsection or the regulation described in clause (i)(I) takes effect (or in the case of a plan or contract amendment not required by such amendments or such regulation, the effective date specified by the plan), and
(II)ending on the date described in clause (i)(II) (or, if earlier, the date the plan or contract amendment is adopted),the plan or contract is operated as if such plan or contract amendment were in effect, and such plan or contract amendment applies retroactively for such period.
(C)Anti-cutback reliefA plan shall not be treated as failing to meet the requirements of section 204(g) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(g)) and section 411(d)(6) of the Internal Revenue Code of 1986 solely by reason of a plan amendment to which this paragraph applies.
(d)Modification of funding target determination periods
(1)Internal Revenue Code of 1986Clause (i) of section 430(h)(2)(B) of the Internal Revenue Code of 1986 is amended by striking the first day of the plan year and inserting the valuation date for the plan year.
(2)Employee Retirement Income Security Act of 1974Clause (i) of section 303(h)(2)(B) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1083(h)(2)(B)(i)) is amended by striking the first day of the plan year and inserting the valuation date for the plan year.
(e)Effective date
(1)In generalThe amendments made by subsections (a), (b), and (d) shall apply with respect to plan years beginning after December 31, 2012.
(2)ElectionsA plan sponsor may elect not to have the amendments made by subsections (a), (b), and (d) apply to any plan year beginning before January 1, 2014, either (as specified in the election)—
(A)for all purposes for which such amendments apply, or
(B)solely for purposes of determining the adjusted funding target attainment percentage under sections 436 of the Internal Revenue Code of 1986 and 206(g) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1054(g)) for such plan year.A plan shall not be treated as failing to meet the requirements of section 204(g) of such Act and section 411(d)(6) of such Code solely by reason of an election under this paragraph.
2004.Extension of Customs user feesSection 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended—
(1)in subparagraph (A), by striking September 30, 2023 and inserting September 30, 2024; and
(2)in subparagraph (B)(i), by striking September 30, 2023 and inserting September 30, 2024.
IIITreatment for PAYGO Purposes
3001.Budgetary Effects
(a)PAYGO ScorecardThe budgetary effects of this Act and the amendments made by this Act shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933(d)).
(b)Senate PAYGO ScorecardThe budgetary effects of this Act and the amendments made by this Act shall not be entered on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res. 21 (110th Congress).
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


116 HR 8782 IH: Keeping All Students Safe Act
U.S. House of Representatives
2020-11-19
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 CONGRESS2d Session
H. R. 8782
IN THE HOUSE OF REPRESENTATIVES

November 19, 2020
Mr. Beyer (for himself, Mr. McEachin, Mr. Scott of Virginia, Mr. Connolly, Mr. Danny K. Davis of Illinois, Ms. Norton, Mrs. Davis of California, Mr. Krishnamoorthi, Ms. Jayapal, Mr. Larson of Connecticut, Mr. Sean Patrick Maloney of New York, Mr. Tonko, Ms. Pingree, Mrs. Napolitano, Ms. Moore, Mr. Cárdenas, Mr. Gomez, Mr. Langevin, Mr. Kennedy, Mr. DeSaulnier, Ms. Wilson of Florida, Mr. Espaillat, Mrs. Hayes, Ms. Lee of California, Mr. Himes, Mr. Takano, Mrs. Carolyn B. Maloney of New York, Ms. Clark of Massachusetts, Mr. Cohen, Mr. McGovern, Mr. Johnson of Georgia, Ms. McCollum, Ms. Schakowsky, Ms. Matsui, Mr. Price of North Carolina, Mr. Serrano, Mrs. Bustos, Mr. Grijalva, Mr. Sablan, Ms. Dean, Ms. Wild, Mr. Lowenthal, Mrs. Beatty, Ms. Haaland, Ms. Meng, Mr. Casten of Illinois, Ms. Blunt Rochester, Ms. Adams, Mr. Levin of Michigan, Mr. Trone, Ms. Wexton, Mr. Brown of Maryland, Mr. Bishop of Georgia, Mr. Hastings, Ms. Porter, Mr. Suozzi, and Ms. Fudge) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Armed 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 and prevent seclusion, mechanical restraint, chemical restraint, and dangerous restraints that restrict breathing, and to prevent and reduce the use of physical restraint in schools, and for other purposes.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Prohibitions on restraint and seclusion and additional requirements
Sec. 101. Prohibition, additional requirements.
TITLE II—State plan, reporting requirements, and grants for State educational agencies
Sec. 201. Definitions.
Sec. 202. State plan; reporting requirements.
Sec. 203. Grants for State educational agencies.
TITLE III—General provisions
Sec. 301. National assessment.
Sec. 302. Protection and advocacy systems.
Sec. 303. Schools operated or funded by the Department of the Interior or the Department of Defense.
Sec. 304. Rule of construction.
Sec. 305. Applicability to private schools and home schools.
Sec. 306. Severability.
Sec. 307. Authorization of appropriations.
2.DefinitionsIn this Act: (1)Chemical restraintThe term chemical restraint means a drug or medication used on a student to control behavior or restrict freedom of movement that is not—
(A)prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional’s authority under State law, for the standard treatment of a student’s medical or psychiatric condition; and (B)administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law.
(2)ESEA termsThe terms early childhood education program, educational service agency, elementary school, local educational agency, other staff, paraprofessional, parent, school leader, secondary school, specialized instructional support personnel, State, and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3)Mechanical restraintThe term mechanical restraint means the use of devices as a means of restricting a student’s freedom of movement.
(4)Physical escortThe term physical escort means the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location. (5)Physical restraintThe term physical restraint means a personal restriction that immobilizes or reduces the ability of an individual to move the individual’s arms, legs, torso, or head freely, except that such term does not include a physical escort, mechanical restraint, or chemical restraint.
(6)Positive behavioral interventions and supportsThe term positive behavioral interventions and supports— (A)means a schoolwide, systematic approach that embeds evidence-based practices and data-driven decision making to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students (including students with the most complex and intensive behavioral needs); and
(B)encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors.  (7)ProgramThe term program means—
(A)all of the operations of a local educational agency, system of vocational education, or other school system;  (B)a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act (42 U.S.C. 9831 et seq.); or
(C)an elementary school or secondary school that is not a public school that enrolls a student who receives special education and related services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.). (8)Program personnel (A)In GeneralSubject to subparagraph (B), the term program personnel means any agent of a program, including an individual who is employed by a program, or who performs services for a program on a contractual basis, including—
(i)school leaders; (ii)teachers;
(iii)specialized instructional support personnel; (iv)paraprofessionals; or
(v)other staff. (B)ExclusionNotwithstanding subparagraph (A), program personnel shall not include a school resource officer or a school security guard.
(9)Protection and advocacy systemThe term protection and advocacy system means a protection and advocacy system established under section 143 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15043). (10)School resource officerThe term school resource officer means a sworn law enforcement officer who is—
(A)assigned by the employing police department to a program; (B)contracting with a program; or
(C)employed by a program. (11)School security guardThe term school security guard means an individual who is not a sworn law enforcement officer and who is responsible for addressing one or more of the following safety and crime prevention activities in and around a program:
(A)Assisting program personnel in safety incidents. (B)Educating students in crime and illegal drug use prevention and safety.
(C)Developing or expanding community justice initiatives for students. (D)Training students in conflict resolution and supporting restorative justice programs.
(E)Serving as a liaison between the program and outside agencies, including other law enforcement agencies. (F)Screening students or visitors to the program for prohibited items.
(12)SeclusionThe term seclusion means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, except that such term does not include a time out. (13)SecretaryThe term Secretary means the Secretary of Education.
(14)Special education schoolThe term special education school means a school that focuses primarily on serving the needs of students with disabilities under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) or section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794). (15)State-approved crisis intervention training programThe term State-approved crisis intervention training program means a training program approved by a State and the Secretary that, at a minimum, provides—
(A)training in evidence-based techniques shown to be effective in the prevention of physical restraint; (B)evidence-based skills training related to positive behavioral interventions and supports, safe physical escort, conflict prevention, understanding antecedents, de-escalation, and conflict management;
(C)training in evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint; (D)training in first aid and cardiopulmonary resuscitation;
(E)information describing State policies and procedures to ensure compliance with section 101; and (F)certification for school personnel, school resource officers, and school security guards in the techniques and skills described in subparagraphs (A) through (D), which shall be required to be renewed on a periodic basis.
(16)StudentThe term student means— (A)for purposes of title I, a student enrolled in a program; and
(B)for purposes of title II, a student enrolled in an elementary school or secondary school.  (17)Time out (A)In generalThe term time out means a behavior management technique that may involve the separation of the student from the group or classroom in a non-locked setting.
(B)ClarificationThe term time out does not include— (i)seclusion; or
(ii)a separation of the student described in subparagraph (A) from which such student is physically or otherwise prohibited from leaving. IProhibitions on restraint and seclusion and additional requirements 101.Prohibition, additional requirements (a)ProhibitionNo student shall be subjected to unlawful seclusion or restraint by program personnel, a school resource officer, or a school security guard, while attending any program that receives Federal financial assistance.
(b)Unlawful seclusion or restraint defined
(1)In generalIn this section, the term unlawful seclusion or restraint means— (A)seclusion;
(B)mechanical restraint; (C)chemical restraint;
(D)physical restraint or physical escort that is life threatening, that restricts breathing, or that restricts blood flow to the brain, including prone and supine restraint;  (E)physical restraint that is contraindicated based on the student’s disability, health care needs, or medical or psychiatric condition, as documented in—
(i)a health care directive or medical management plan; (ii)a behavior intervention plan;
(iii)an individualized education program or an individualized family service plan (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)); (iv)a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.); or
(v)another relevant record made available to the State or program involved; or (F)physical restraint that is not in compliance with subsection (e)(1).
(2)Not includedThe term unlawful seclusion or restraint shall not include— (A)a time out; or
(B)a device implemented by trained school personnel, or utilized by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, provided that such devices are not used to purposefully cause a student pain as a means of behavioral modification, including— (i)restraints for medical immobilization;
(ii)adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or (iii)vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.
(c)Private right of action
(1)In generalA student who has been subjected to unlawful seclusion or restraint in violation of subsection (a), or the parent of such student, may file a civil action against the program under which the violation is alleged to have occurred in an appropriate district court of the United States or in State court for declaratory judgement, injunctive relief, compensatory relief, attorneys’ fees, or expert fees.  (2)Limitation on liabilityProgram personnel shall not be liable to any person in a proceeding described in paragraph (1) or in an arbitration proceeding for a violation of subsection (a).
(3)No sovereign immunityNo program shall be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal or State court for a violation of subsection (a) of this section. (d)Enforcement (1)Investigations (A)In GeneralThe Secretary shall address any complaints alleging a violation of subsection (a) by an entity described in subparagraph (A) or (C) of section 2(7) for an appropriate investigation.
(B)Head StartThe Secretary of Health and Human Services shall address any complaints alleging a violation of subsection (a) by an entity described in section 2(7)(B) for an appropriate investigation. (2)Withholding paymentsIn the event a student has been subjected to unlawful seclusion or restraint in violation of subsection (a), the Secretary shall withhold from the program under which the violation occurred, in whole or in part, further payments (including payments for administrative costs) in accordance with section 455 of the General Education Provisions Act (20 U.S.C. 1234d).
(3)Head start programsThe Secretary of Health and Human Services, in coordination with the Secretary, shall— (A)ensure that entities described in section 2(7)(B) meet the requirements described in subsection (e);
(B)promulgate regulations with respect to how the reporting requirements described in section 202(b) shall be carried out with respect to Head Start agencies (including Early Head Start agencies) under the Head Start Act (42 U.S.C. 9801 et seq.); and (C)in the event a student served by a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act (42 U.S.C. 9831 et seq.) has been subjected to unlawful seclusion or restraint in violation of subsection (a), withhold from the program under which the violation occurred, in whole or in part, further payments (including payments for administrative costs) in accordance with section 646 of the Head Start Act (42 U.S.C. 9841).
(e)Additional RequirementsThe Secretary shall ensure that each program that receives Federal financial assistance meets the following requirements: (1)Physical restraintThe use of physical restraint by any program personnel, a school security guard, or a school resource officer shall be considered in compliance with the requirements of this subsection only if each of the following requirements are met:
(A)The student’s behavior poses an imminent danger of serious physical injury to the student, program personnel, a school security guard, a school resource officer, or another individual. (B)Before using physical restraint, less restrictive interventions would be ineffective in stopping such imminent danger of serious physical injury.
(C)Such physical restraint is imposed by— (i)program personnel, a school security guard, or a school resource officer trained and certified by a State-approved crisis intervention training program; or
(ii)program personnel, a school security guard, or a school resource officer not trained and certified as described in clause (i), in the case of a rare and clearly unavoidable emergency circumstance when program personnel, a school security guard, or a school resource officer trained and certified as described in clause (i) is not immediately available due to the unforeseeable nature of the emergency circumstance. (D)Such physical restraint ends immediately upon the cessation of the imminent danger of serious physical injury to the student, any program personnel, a school security guard, a school resource officer, or another individual.
(E)The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or primary mode of communication. (F)During the physical restraint, the least amount of force necessary is used to protect the student or others from the threatened injury.
(2)TrainingEach State, in consultation with program officials and State Directors of Head Start Collaboration (as described in section 642B of the Head Start Act (42 U.S.C. 9837b)), shall ensure that a sufficient number of program personnel are trained and certified by a State-approved crisis intervention training program to meet the needs of the specific student population in each program. (3)Prohibition on planned interventionThe use of physical restraint as a planned intervention shall not be written into a student’s education plan, individual safety plan, behavioral intervention plan, or individualized education program (as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401)), except that a program may establish policies and procedures for use of physical restraint in program safety or crisis plans, provided that such a plan is not specific to any individual student.
(4)Procedures following physical restraintEach program shall establish procedures to be followed after an incident involving the imposition of physical restraint upon a student, which shall include each of the following: (A)Procedures to provide to the parent of the student, with respect to such incident—
(i)an immediate verbal or electronic communication, as soon as is practicable and not later than the same day as the incident; and (ii)written notification, as soon as is practicable, and not later than 24 hours after the incident that shall include, at minimum—
(I)a description of the incident, including precipitating events; (II)positive interventions used prior to restraint;
(III)the length of time of restraint; and (IV)a description of the serious physical injury of the student or others that occurred or was about to occur that necessitated the use of restraint.
(B)A meeting between parents of the student and the program, as soon as is practicable, and not later than 5 school days following the incident (unless such meeting is delayed by written mutual agreement of the parent and program)— (i)which meeting shall include, at a minimum—
(I)the parent of such student; (II)the student involved (if appropriate);
(III)the program personnel, school resource officer, or school security guard who imposed the restraint; (IV)a teacher of such student;
(V)a program leader of such student; and (VI)an expert on behavior interventions, who may be a special education teacher;
(ii)the purpose of which shall be to discuss the incident, as described by both the student and the program personnel, school resource officer, or school security guard involved, including— (I)any precipitating events;
(II)how the incident occurred; and (III)prior positive behavioral interventions and supports used to de-escalate the situation; and
(iii)which meeting shall include— (I)the discussion of proactive strategies to prevent future need for the use of physical restraint;
(II)
(aa)for a student identified as eligible to receive accommodations under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) or title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.), or accommodations or special education or related services under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.), a discussion of the need for a functional behavioral assessment and a behavior intervention plan; or (bb)for a student not identified as eligible to receive accommodations under the provisions of law described in item (aa), evidence of a referral for such accommodations or special education or related services, or documentation of the basis for declining to make such a referral for the student; and
(III)providing to the parent, for use during the meeting, a written statement from each adult witness who was in the proximity of the student immediately before and during the time of the physical restraint, but was not directly involved in such restraint. IIState plan, reporting requirements, and grants for State educational agencies 201.DefinitionsIn this title:
(1)SchoolThe term school means an elementary school, secondary school, or special education school. (2)Head Start programThe term Head Start program means a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act (42 U.S.C. 9831 et seq.).
202.State plan; reporting requirements
(a)State planNot later than 2 years after the date of enactment of this Act and each year thereafter, each State educational agency shall submit to the Secretary a State plan that provides— (1)demonstrations to the Secretary that the State has in effect—
(A)State policies and procedures that comply with section 101, including with respect to State-approved crisis intervention training programs; and (B)a State mechanism to effectively monitor and enforce compliance with section 101;
(2)a description of the State policies and procedures, including a description of the State-approved crisis intervention training programs in such State and how the State ensures accurate and timely reporting to the Department of Education; (3)a description of the State plan to ensure program personnel, students, and parents (including private school personnel, students, and parents) are aware of the State policies and procedures;
(4)a description of the State activities described in the State’s plan under section 1111(g) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(g)) that reduce aversive behavioral interventions and improve school conditions; (5)for public comment—
(A)not less than 60 days prior to submission of the State plan, which shall provide stakeholders with the opportunity to provide written comments on the State plan, which shall be included in the State plan, including— (i)how the policies and procedures comply with section 101;
(ii)the policies and procedures related to State-approved crisis intervention programs; (iii)training provided to program personnel; and
(iv)notification procedures for parents; and (B)notice of which shall be provided in an accessible format, which is compliant with the most recent Web Content Accessibility Guidelines, or successor guidelines, for stakeholders and posted on a website;
(6)written response to the public comments provided by stakeholders under paragraph (5); and (7)a description of State oversight of schools that includes—
(A)monitoring use of restraint in the schools; (B)monitoring compliance with the prohibition on seclusion in schools;
(C)not less than every 6 months, discussions between State educational agency officials and school leaders to examine the progress of reducing the use of physical restraint in schools; (D)not less than annual site visits to the special education schools in the State; and
(E)technical assistance to focus on the use of proactive, positive behavioral interventions and supports. (b)Reporting (1)Reporting requirementsNot later than 2 years after the date of enactment of this Act, and each year thereafter—
(A)each State educational agency shall (in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g)) prepare and submit to the Secretary, and make available to the public, a report that includes the information described in paragraph (2), with respect to each local educational agency, each special education school, and each school not under the jurisdiction of a local educational agency, located in the same State as such State educational agency; and (B)each Head Start agency (including each Early Head Start agency) designated under the Head Start Act (42 U.S.C. 9831 et seq.) shall prepare and submit to the Secretary and the Secretary of Health and Human Services, and make available to the public, a report that includes the information described in paragraph (2), except that—
(i)such information shall be provided with respect to each program served by the agency and with respect to children enrolled in Head Start programs; and (ii) the information described in subclause (II)(bb), subclause (III), and subclause (IV) of paragraph (2)(B)(i) shall not be required.
(2)Information requirements
(A)General information requirementsThe report described in paragraph (1) shall include with respect to physical restraint imposed upon students in the preceding full academic or program year— (i)the total number of such incidents;
(ii)the total number of students upon whom such physical restraint was imposed; (iii)in the case in which such physical restraint was imposed more than twice on a student, the number of times such student or child was so restrained; and
(iv)the total number of such incidents where the use of physical restraint is referred to law enforcement.  (B)Disaggregation (i)General disaggregation requirementsThe information described in subparagraph (A) shall be disaggregated as follows:
(I)With respect to the total number of incidents in which physical restraint was imposed upon a student, disaggregated by each of the following: (aa)By those that resulted in injury.
(bb)By those that resulted in death.  (cc)By those in which the program personnel imposing physical restraint was not trained and certified, as described in section 101(e)(1)(C)(i).
(II)By the demographic characteristics of all students upon whom physical restraint was imposed, including disaggregation— (aa)by each major racial and ethnic group, economically disadvantaged students as compared to students who are not economically disadvantaged, English proficiency status, and sex;
(bb)by students with an individualized education program under section 614(d) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)); (cc)by students who have a plan developed pursuant to section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); and
(dd)by students who have a plan developed pursuant to title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.). (III)By the total number of incidents of physical restraint in which a school resource officer or school security guard was involved, which may include the school resource officer or school security guard imposing the physical restraint or assisting with the physical restraint.
(IV)By the type of school, including disaggregation by special education school, charter school, and private school. (ii)Unduplicated count; exceptionThe information and disaggregation required under subparagraphs (A) and (B) shall—
(I)be carried out in a manner to ensure an unduplicated count of the total number of incidents in the preceding full academic year in which physical restraint was imposed upon a student; and (II)not be required in a case in which the number of students in a category would reveal personally identifiable information about an individual student.
203.Grants for State educational agencies
(a)Grants authorized
(1)In generalFrom the amount appropriated under section 307 to carry out this section for a fiscal year, the Secretary shall award grants to State educational agencies with an application approved under subsection (c), on the basis of their relative need, as determined with the Secretary in accordance with paragraph (2), to assist the State educational agencies in— (A)establishing, implementing, and enforcing the policies and procedures that ensure compliance with section 101;
(B)improving State and local capacity to collect and analyze data related to physical restraint; and (C)improving school climate and culture by implementing schoolwide positive behavioral interventions and supports, mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions.
(2)Determination of relative needIn determining the relative need of State educational agencies under paragraph (1), the Secretary shall consider— (A)the physical restraint and seclusion incidents that occurred at a school served by the State educational agencies for the most recent academic year for which data are available;
(B)the capacity needs of the State educational agency and the local educational agencies served by the State educational agency to collect and analyze the data described in paragraph (1)(B); and (C)whether the State educational agency has been carrying out the activities described in paragraph (1)(C) and, if so, how the activities are being implemented.
(3)ReportThe Secretary shall provide a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives not later than 60 days after the date the Secretary awards a grant to a State under this section detailing why the State was chosen and how the criteria described in subparagraphs (A), (B), and (C) of paragraph (2) were applied to select the State. (b)Duration of grantA grant under this section shall be awarded to a State educational agency for a 3-year period.
(c)Application
(1)In generalTo be eligible to receive a grant under this section, each State educational agency desiring a grant shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2)ContentsEach application submitted under paragraph (1) shall include—
(A)the total number of incidents in which physical restraint was imposed upon students for the most recent school year; (B)the total number of incidents in which seclusion was imposed upon students for the most recent school year;
(C)a description of the State’s data collection policies and procedures; (D)a description of crisis intervention or prevention trainings used in the State to prevent or reduce physical restraint and seclusion (if applicable);
(E)a description of statewide initiatives regarding school climate and culture (if applicable), such as schoolwide positive behavioral interventions and supports, mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions; (F)a description of activities to be funded under the grant and the goals of such activities, including how the activities will eliminate seclusion and reduce and prevent physical restraint; and
(G)a description of how the activities under the grant will coordinate and align with current Federal, State, and local policies, programs, or activities regarding seclusion and physical restraint, crisis intervention, and school climate or culture. (d)Authority To make subgrants (1)In generalA State educational agency receiving a grant under this section may use such grant funds to award subgrants, in the manner determined by the State educational agency, to local educational agencies served by the State educational agency.
(2)ApplicationA local educational agency desiring to receive a subgrant under this section shall submit an application to the applicable State educational agency at such time, in such manner, and containing such information as the State educational agency may require. (3)Early childhood education program participationA local educational agency receiving subgrant funds under this section shall ensure that educators working in an early childhood education program, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003), may participate, to the extent practicable, on an equitable basis in activities supported by subgrant funds under this section that are trainings on developmentally appropriate practices for meeting the needs of young children.
(e)Private school participation
(1)In generalA local educational agency receiving subgrant funds under this section shall, after timely and meaningful consultation with appropriate private school officials, ensure that private school personnel may participate, on an equitable basis, in activities supported by subgrant funds under this section. (2)Public control of fundsThe control of grant and subgrant funds under this section, and title to materials, equipment, and property purchased with such funds, shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds, materials, equipment, and property.
(3)Provision of services
(A)In generalServices described under this section shall be provided— (i)by employees of a public agency; or
(ii)through contract by the public agency with an individual or entity. (B)Independence; public agencyAn individual or entity described in subparagraph (A)(ii) that contracts with a public agency to provide services under this section shall be independent of a private school and of any religious organization. Individuals providing such services shall be employed by and under the control and supervision of the public agency.
(C)Commingling of funds prohibitedFunds used to provide services under this section shall not be commingled with non-Federal funds. (f)Required activitiesA State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section shall use such grant or subgrant funds to carry out the following:
(1)Establishing and implementing policies to prohibit seclusion, mechanical restraint, chemical restraint, and other forms of prohibited restraint in schools, consistent with section 101. (2)Implementing and evaluating strategies and procedures to prevent seclusion and to prevent and reduce physical restraint in schools, consistent with such policies.
(3)Providing professional development, training, and certification for school personnel to comply with such policies. (4)Analyzing the information included in a report prepared under section 202(b) to identify student, school personnel, and school needs related to preventing seclusion, and preventing and reducing the use of physical restraint.
(5)Providing training to school resource officers, school security guards, and, as appropriate, school personnel, on how to comply with education and civil rights laws, including the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), when interacting with students with disabilities, including, when conducting law enforcement activities involving students with disabilities. (g)Additional authorized activitiesIn addition to the required activities described in subsection (f), a State educational agency receiving a grant, or a local educational agency receiving a subgrant, under this section may use such grant or subgrant funds for one or more of the following:
(1)Developing and implementing high-quality professional development and training programs to implement evidence-based systematic approaches to schoolwide positive behavioral interventions and supports, including improving coaching, facilitation, and training capacity for administrators, school leaders, teachers, specialized instructional support personnel, paraprofessionals, and other staff. (2)Providing technical assistance to implement evidence-based systematic approaches to schoolwide positive behavioral interventions and supports, including technical assistance for data-driven decision making related to behavioral supports and interventions in the classroom.
(3)Researching, evaluating, and disseminating high-quality evidence-based programs and activities that implement schoolwide positive behavioral interventions and supports with fidelity. (4)Supporting other local positive behavioral interventions and supports implementation activities consistent with this subsection.
(5)Developing, implementing, and providing technical assistance to support evidence-based programs that reduce the likelihood of physical restraint, such as mental health supports, restorative justice programs, trauma-informed care, and crisis and de-escalation interventions. (h)Evaluation and reportEach State educational agency receiving a grant under this section shall, at the end of the 3-year grant period for such grant—
(1)evaluate the State’s progress toward the elimination of seclusion and the prevention and reduction of physical restraint in the schools located in the State, consistent with section 101; (2)submit to the Secretary a report on such progress; and
(3)publish such report on the State educational agency website in an accessible format. IIIGeneral provisions 301.National assessment (a)National assessmentThe Secretary shall carry out a national assessment to determine the effectiveness of this Act, which shall include—
(1)analyzing data related to incidents of physical restraint in schools and programs that serve children who receive services for which financial assistance is provided in accordance with the Head Start Act (42 U.S.C. 9831 et seq.) (referred to in this title as Head Start programs); (2)analyzing the effectiveness of Federal, State, and local efforts to eliminate seclusion and prevent and reduce the number of physical restraint incidents in schools and Head Start programs;
(3)identifying the types of programs and services that have demonstrated the greatest effectiveness in eliminating and preventing seclusion and preventing and reducing the number of physical restraint incidents in schools and Head Start programs; and (4)identifying evidence-based personnel training models with demonstrated success in preventing seclusion and preventing and reducing the number of physical restraint incidents in schools and Head Start programs, including models that emphasize positive behavioral interventions and supports and de-escalation techniques over physical intervention.
(b)ReportThe Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives— (1)not later than 3 years after the date of the enactment of this Act, an interim report that summarizes the preliminary findings of the assessment described in subsection (a); and
(2)not later than 5 years after the date of the enactment of this Act, a final report of the findings of the assessment. 302.Protection and advocacy systems (a)NotificationIn a case in which physical injury or death of a student or of a child enrolled in a Head Start program occurs in conjunction with the use of seclusion or physical restraint or any intervention used to control behavior at a school or Head Start program, the local educational agency serving such school or the agency administering a Head Start program under the Head Start Act (42 U.S.C. 9801 et seq.) shall have procedures to—
(1)notify, in writing, not later than 24 hours after such injury or death occurs— (A)the State educational agency, or in the case of an agency administering a Head Start program, the appropriate official at the Department of Health and Human Services;
(B)the local law enforcement agency; and (C)the relevant protection and advocacy system; and
(2)provide any information that the protection and advocacy system may require. (b)Restatement of authorityProtection and advocacy systems shall have the same authorities and rights provided under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.) with respect to protections provided for students or children enrolled in Head Start programs under this Act when such students or children are otherwise eligible to be clients of the protection and advocacy system, including investigating, monitoring, and enforcing such protections.
303.Schools operated or funded by the Department of the Interior or the Department of Defense
(a)Schools operated or funded by Department of the InteriorThe Secretary of the Interior shall promulgate regulations to ensure that schools operated or funded by the Department of the Interior comply with the requirements of title I and section 202(b).  (b)Schools operated or funded by the Department of DefenseThe Secretary of Defense shall promulgate regulations to ensure that schools operated or funded by the Department of Defense Education Activity or otherwise operated or funded by the Department of Defense for the education of military-connected dependents (as described in subparagraph (B) or (D)(i) of section 7003(a)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(1))) comply with the requirements of title I and section 202(b).
304.Rule of constructionSubject to section 101(e), nothing in this Act shall be construed to prohibit a sworn law enforcement officer with probable cause from arresting a student for violating a Federal or State criminal law.  305.Applicability to private schools and home schools (a)Private schoolsNothing in this Act shall be construed to affect any private school that does not receive, or does not serve students who receive, support in any form from any program or activity supported, in whole or in part, with Federal funds.
(b)Home schoolsNothing in this Act shall be construed to— (1)affect a home school, whether or not a home school is treated as a private school or home school under State law; or
(2)consider parents who are schooling a child at home as program personnel. 306.SeverabilityIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby.
307.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this Act for fiscal year 2021 and each succeeding fiscal year.


116 S2274 IS: Wood Heaters Emissions Reduction Act of 2019
U.S. Senate
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.

II116th CONGRESS1st SessionS. 2274IN THE SENATE OF THE UNITED STATESJuly 25, 2019Mr. Carper (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo establish a voluntary program that strengthens the economy, public health, and environment of
			 the United States by reducing emissions from wood heaters, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Wood Heaters Emissions Reduction Act of 2019 or the WHERA Act.
 2.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
 (2)Affected wood heater modelThe term affected wood heater model means a model of wood heater described in— (A)section 60.530(a) of title 40, Code of Federal Regulations (or a successor regulation); and
 (B)subsections (a) and (b) of section 60.5472 of that title. (3)Certified clean heaterThe term certified clean heater means a heater that—
 (A)has been certified or verified by— (i)the Administrator; or
 (ii)the California Air Resources Board; (B)meets or has emissions below the most stringent Step 2 emission reductions standards described in the Final Rule;
 (C)with respect to an affected wood heater model, has a thermal efficiency rating of not less than 65 percent, as certified by the Administrator under the Final Rule; and
 (D)is installed by a licensed or certified professional or verified by the State in which the heater is being installed.
 (4)Final ruleThe term Final Rule means the final rule entitled Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces (80 Fed. Reg. 13672 (March 16, 2015)).
 (5)Indian tribeThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
 (6)Regional agencyThe term regional agency means a regional or local government agency— (A)with jurisdiction over air quality; or
 (B)that has received approval from the air quality program of the State of the agency to carry out a wood heater emissions reduction and replacement program.
 (7)Replacement of an old wood heaterThe term replacement of an old wood heater means the replacement of an existing wood heater that— (A)does not meet the reductions standards described in paragraph (3)(B);
 (B)is removed from a home or building in which the wood heater was the primary or secondary source of heat; and
 (C)is surrendered to a supplier, retailer, or other entity, as defined by the Administrator, who shall render the existing wood heater inoperable and ensure the existing wood heater is disposed through—
 (i)recycling; or (ii)scrappage.
 (8)StateThe term State means— (A)each of the several States of the United States;
 (B)the District of Columbia; (C)the Commonwealth of Puerto Rico;
 (D)Guam; (E)the United States Virgin Islands;
 (F)American Samoa; and (G)the Commonwealth of the Northern Mariana Islands.
 (9)Wood heaterThe term wood heater means an enclosed, wood-burning appliance capable of and intended for residential space heating or space heating and domestic water heating that is an affected wood heater model, including—
 (A)a residential wood heater; (B)a hydronic heater; and
 (C)a forced-air furnace. 3.Establishment of grant program for wood heater emissions reductions (a)In generalSubject to the availability of appropriations, the Administrator shall establish a grant program that provides funding for grant, rebate, and other programs administered by States, regional agencies, and Indian tribes that are designed—
 (1)to provide financial incentives to homeowners for the replacement of old wood heaters that greatly contribute to particulate pollution with more efficient, cleaner-burning heaters that are—
 (A)properly installed; and (B)certified clean heaters;
 (2)to achieve significant reductions in emissions from wood heaters in terms of pollution produced by wood heaters and wood heater emissions exposure;
 (3)to help homeowners transition to safer and more efficient sources of heat; and (4)to support retailers, installers, and manufacturers that sell and make certified clean heaters that are more efficient and cleaner-burning.
 (b)ApplicationsThe Administrator shall— (1)provide to States, regional agencies, and Indian tribes guidance for use in applying for funding under this section, including information regarding—
 (A)the process and forms for applications; (B)permissible uses of funds received under this section; and
 (C)the cost-effectiveness of various emission reduction technologies eligible for funds provided under this section;
 (2)establish, for applications described in paragraph (1)— (A)an annual deadline for submission of the applications;
 (B)a process by which the Administrator shall approve or disapprove each application; (C)a simplified application submission process to expedite the provision of funds; and
 (D)a streamlined process by which a State, regional agency, or Indian tribe may renew an application described in paragraph (1) for subsequent fiscal years;
 (3)require States or regional agencies applying for funding under this section to provide detailed information on how the State or regional agency intends to carry out and verify projects under the wood heater emissions reduction program of the State or regional agency, including—
 (A)a description of the air quality in the State or the area in which the regional agency has jurisdiction;
 (B)the means by which the project will achieve a significant reduction in wood heater emissions and air pollution, including the estimated quantity of—
 (i)residences that depend on non-certified clean heaters as a primary or secondary source of heat; and
 (ii)air pollution produced by wood heaters in the State or the area in which the regional agency has jurisdiction;
 (C)an estimate of the cost and economic benefits of the proposed project; (D)the means by which the funds will be distributed, including a description of the intended recipients of the funds;
 (E)a description of any efforts to target low-income individuals that own older wood heaters; (F)provisions for the monitoring and verification of the project; and
 (G)a description of how the program will carry out the replacement of old wood heaters, including— (i)how the older units will be removed and placed out of service; and
 (ii)how new heaters purchased with funding provided under this section will be installed; and (4)require Indian tribes applying for funding under this section to provide detailed information on how the Indian tribe intends to carry out and verify projects under the wood heater emissions reduction program of the Indian tribe, including—
 (A)the means by which the project will achieve a significant reduction in wood heater emissions; (B)an estimate of the cost and economic benefits of the proposed project;
 (C)the means by which the funds will be distributed, including a description of the intended recipients of the funds;
 (D)a description of any efforts to target low-income individuals that own older wood heaters; (E)provisions for the monitoring and verification of the project; and
 (F)a description of how the program will carry out the replacement of old wood heaters, including— (i)how the older units will be removed and placed out of service; and
 (ii)how new heaters purchased with funding provided under this section will be installed. (c)Allocation of funds (1)In generalFor each fiscal year, the Administrator shall allocate funds made available to carry out this section—
 (A)among States, regional agencies, and Indian tribes that submitted an application under this section that was approved by the Administrator;
 (B)of which not less than 4 percent shall be allocated to Indian tribes to perform functions that include—
 (i)addressing subsequent maintenance costs resulting from the installation of wood heaters under this section; and
 (ii)training qualified installers and technicians; and (C)among different geographic areas and varying population densities.
 (2)Allocation priorityThe Administrator shall provide to each State, regional agency, and Indian tribe described in paragraph (1) for a fiscal year an allocation of funds, with priority given to States, regional agencies, and Indian tribes that will use the funds to support projects that—
 (A)maximize public health benefits, including indoor and outdoor air quality; (B)are the most cost-effective;
 (C)target the replacement of wood heaters that emit the most pollution; (D)include certified clean heaters and other heaters that achieve emission reductions and efficiency improvements that are more stringent than the Step 2 emission reductions standards, as described in the Final Rule;
 (E)target low-income households; (F)encourage the recycling of old wood heaters when replacing those heaters; and
 (G)serve areas that— (i)receive a disproportionate quantity of air pollution from wood heaters;
 (ii)have a high percentage of residents that use wood as their primary source of heat; or (iii)are poor air quality areas, including areas identified by the Administrator as—
 (I)in nonattainment or maintenance of national ambient air quality standards for particulate matter under section 109 of the Clean Air Act (42 U.S.C. 7409); or
 (II)class I areas under section 162(a) of that Act (42 U.S.C. 7472(a)). (3)Unobligated fundsAny funds that are not obligated by a State, regional agency, or Indian tribe by a date determined by the Administrator in a fiscal year shall be reallocated pursuant to the priorities described in paragraph (2).
				(4)State, regional agency, and tribal matching incentive
 (A)In generalSubject to subparagraph (B), if a State, regional agency, or Indian tribe agrees to match the allocation provided to the State, regional agency, or Indian tribe under paragraph (1) for a fiscal year, the Administrator shall provide to the State, regional agency, or Indian tribe for the fiscal year a matching incentive consisting of an additional amount equal to 30 percent of the allocation of the State, regional agency, or Indian tribe under paragraph (1).
 (B)RequirementTo receive a matching incentive under subparagraph (A), a State, regional agency, or Indian tribe— (i)may not use funds received under this section to pay a matching share required under this subsection; and
 (ii)shall not be required to provide a matching share for any additional amount received under that subparagraph.
						(d)Administration
 (1)In generalSubject to paragraphs (2) and (3), States, regional agencies, and Indian tribes shall use any funds provided under this section—
 (A)to develop and implement such programs in the State or in areas under the jurisdiction of the regional agency or Indian tribe as are appropriate to meet the needs and goals of the State, regional agency, or Indian tribe; and
 (B)to the maximum extent practicable, to use the programs described in subparagraph (A) to give high priority to projects that serve areas described in subsection (c)(2)(G).
 (2)Apportionment of fundsThe chief executive officer of a State, regional agency, or Indian tribe that receives funding under this section may determine the portion of funds to be provided as grants and the portion to be provided as rebates.
 (3)Use of fundsA State, regional agency, or Indian tribe shall use funds provided under this section for— (A)projects to complete the replacement of old wood heaters, including the installation of heaters and training of certified installers of heaters that—
 (i)are at least as efficient and clean-burning as certified clean heaters; and (ii)meet the purposes described in subsection (a); and
 (B)with respect to Indian tribes, the purposes described in subsection (c)(1)(B). (4)Supplement, not supplantFunds made available under this section shall be used to supplement, not supplant, funds made available for existing State clean air programs.
 (5)Public notificationNot later than 60 days after the date on which the Administrator makes funding available under this section each fiscal year, the Administrator shall publish on the website of the Environmental Protection Agency—
 (A)the total number of grants awarded and the amounts provided to States, regional agencies, and Indian tribes;
 (B)a general description of each application of a State, regional agency, or Indian tribe that received funding; and
 (C)the estimated number of wood heaters that will be replaced using funds made available under this section.
 (6)ReportNot later than 2 years after the date on which funds are first made available under this section, and biennially thereafter, the Administrator shall submit to Congress a report evaluating the implementation of the program under this section.
 4.Outreach and incentivesThe Administrator shall establish a program under which the Administrator shall— (1)inform stakeholders of the benefits of replacing wood heaters that do not meet the Step 2 emission reductions standards described in the Final Rule;
 (2)develop nonfinancial incentives to promote the proper installation and use of certified clean heaters; and
 (3)consult with Indian tribes to carry out the purposes of this Act. 5.Supplemental environmental projects (a)EPA authority To accept wood heater emissions reduction supplemental environmental projectsSection 1 of Public Law 110–255 (42 U.S.C. 16138) is amended—
 (1)in the heading, by inserting and wood heater after diesel; and (2)in the matter preceding paragraph (1), by inserting and wood heater after diesel.
 (b)Settlement agreement provisionsSection 2 of Public Law 110–255 (42 U.S.C. 16139) is amended in the first sentence— (1)by inserting or wood heater after diesel each place it appears;
 (2)by inserting , as applicable, before if the Administrator; and (3)by inserting , as applicable before the period at the end.
				6.Authorization of appropriations
 (a)In generalThere is authorized to be appropriated to carry out this Act $75,000,000 for each of fiscal years 2019 through 2025, to remain available until expended.
 (b)Management and oversightThe Administrator may use not more than 1 percent of the amounts made available under subsection (a) for each fiscal year for management and oversight of the programs under this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 3392
		IN THE HOUSE OF REPRESENTATIVES

			November 4, 2011
			Mr. Quayle (for
			 himself, Mr. Coble,
			 Mr. Ross of Florida,
			 Mr. Gowdy, and
			 Mr. Griffin of Arkansas) introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 5, United States Code, to provide for
		  periodic review of major rules, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Regulatory Review Act of
			 2011.
		2.In
			 general
			(a)Chapter 5 of title 5, United States Code,
			 is amended by inserting after section 553 the following:

					553a.Periodic
				review of major rules
						(a)Identification
				of major rulesOn the date
				that is 6 months prior to the date that is 10 years after the date on which a
				rule takes effect, the Administrator of the Office of Information and
				Regulatory Affairs in the Office of Management and Budget shall submit to the
				agency that made that rule and to the Congress a determination as to whether or
				not that rule is a major rule.
						(b)Review by
				agencyIf an agency receives
				a determination under subsection (a) that a rule is a major rule, the agency
				head shall, not later than 10 years after the date on which the rule takes
				effect and every 10 years thereafter, complete a review of that rule consistent
				with the following:
							(1)The review shall identify the costs and
				benefits of the rule.
							(2)The review shall
				identify each amendment to the rule that would accomplish the same statutory
				objectives but result in different costs and benefits.
							(3)The review shall
				identify the costs and benefits of repealing the rule.
							(c)Publication of
				reviewNot later than 30 days after the date that is 10 years
				after the date on which the rule takes effect, the agency shall publish in the
				Federal Register and submit to Congress a report summarizing the results of the
				review under subsection (b), including information on each set of costs and
				benefits identified pursuant to paragraphs (1) through (3) of subsection
				(b).
						(d)Comment
				phaseDuring the 90-day
				period beginning on the date that the report under subsection (c) is published,
				the agency shall give interested persons an opportunity to submit a comment on
				the review through submission of written data, views, or arguments with or
				without opportunity for oral presentation.
						(e)Final
				determination on the ruleAfter consideration of the relevant matter
				presented, the agency shall make a final determination on whether the rule
				should be amended, continue in effect without amendment, or be repealed, and
				not later than 30 days after the period described in subsection (d) expires,
				publish that final determination in the Federal Register. That final
				determination shall be made as to whether there is a way to accomplish the
				objectives of the rule in a more effective, less burdensome, or less costly
				manner.
						(f)Review by the
				AdministratorEach final determination by an agency under
				subsection (e) shall be reviewed by the Administrator not later than 30 days
				after the agency publishes that determination. If the Administrator determines
				that the agency determination with regard to that rule does not result in an
				outcome that accomplishes the objectives of the rule in a more effective, less
				burdensome, or less costly manner, then the Administrator shall notify the
				agency promptly and the Director of the Office of Management and Budget shall
				make a determination as to whether the agency determination should be
				revised.
						(g)Repealed rules;
				amended rules
							(1)Repealed
				rulesIf the agency
				determines that the rule should be repealed, the agency may establish a
				transition period of not more than 6 months for the repeal of the rule. The
				rule shall cease to have effect beginning on the date that the transition
				period ends.
							(2)Amended
				rulesIf the agency determines that the rule should be amended,
				the agency shall, not later than 3 months after such determination is made,
				commence appropriate action in accordance with this chapter to make such
				amendment.
							(h)Judicial
				reviewNotwithstanding any other provision of law, each
				determination by an agency under this section shall be subject to judicial
				review under chapter 7.
						(i)Report to
				CongressNot later than 30 days after the publication a final
				determination under subsection (e), the agency shall submit to Congress a
				report detailing that determination.
						(j)DefinitionsFor purposes of this section:
							(1)The term
				cost means, with respect to a rule, the cost of that rule,
				including direct, indirect, and cumulative costs and estimated impacts on jobs,
				economic growth, innovation, and economic competitiveness, to each person who
				is significantly affected by the rule.
							(2)The term benefit means, with
				respect to a rule, the benefit of that rule, including direct, indirect, and
				cumulative benefits and estimated impacts on jobs, economic growth, innovation,
				and economic competitiveness, to each person who is significantly affected by
				the rule.
							(k)ApplicationThe
				provisions of this section shall apply only to rules that take effect during
				the period beginning on January 1,
				2011.
						.
			(b)Section 551 of title 5, United States Code,
			 is amended as follows:
				(1)In paragraph (13),
			 by striking and at the end.
				(2)In paragraph (14),
			 by striking the period at the end and inserting ; and.
				(3)By adding at the end the following:

						(15)major rule has the meaning
				given such term in section
				804.
						.
				(c)The table of
			 sections for chapter 5 of title 5, United States Code, is amended by inserting
			 after the entry relating to section 553 the following:

						553a. Periodic review of major
				rules.

					.


		II
		111th CONGRESS
		1st Session
		S. 1944
		IN THE SENATE OF THE UNITED STATES

			October 28, 2009
			Mr. Isakson introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on Regent
		  800.

		1.Regent 800
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.005-amino-1-[2,6-dichloro-4-(trifluoromethyl)phenyl]-4-[(trifluoromethyl)sulfinyl]-1H-pyrazole-3-carbonitrile
						(CAS No. 120068–37–3) (provided for in subheading 3808.91.50)FreeNo
						changeNo changeOn or before 12/31/2011

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