IV
111th CONGRESS
1st Session
H. RES. 347
In the House of Representatives, U. S.,

May 18, 2009

RESOLUTION
Congratulating Averett University in Danville, Virginia, for 150 years of service and leadership to the United States.

Whereas in 1859, Union Female College, the forerunner of Averett University was established to provide educational opportunities for young women who did not have many educational opportunities;
Whereas the name Averett College was officially adopted to honor the institution's early founders;
Whereas in 1971, Averett became a fully accredited, coeducational, 4-year institution of higher education;
Whereas in 1980, Averett awarded its first master's degrees;
Whereas in 1988, Averett became the first institution of higher education in Virginia to offer an innovative, accelerated program for working adults who wished to earn advanced degrees;
Whereas in 2001, Averett College officially became known as Averett University in recognition of its growth;
Whereas Averett University enrolls more than 2,450 students from 25 states and 12 countries and employs more than 350 people statewide;
Whereas Averett University offers 32 undergraduate majors and master's degree programs in business and education;
Whereas Averett University confers nearly 800 degrees each year;
Whereas Averett University serves students on its main campus in Danville, Virginia, and at 20 other locations around the Commonwealth;
Whereas Averett University has 13 NCAA III athletic teams that have won various championships, including a national championship in golf; and
Whereas Averett University has been led by 23 presidents and is currently led by Dr. Tiffany McKillip Franks: Now, therefore, be it

That Congress congratulates Averett University in Danville, Virginia, for 150 years of service and leadership to the United States.

Lorraine C. Miller,Clerk.


110 HR 1358 IH: Nursing Relief Act of

U.S. House of Representatives
2007-03-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1358
		IN THE HOUSE OF REPRESENTATIVES

			March 6, 2007
			Mr. Shadegg (for
			 himself, Mr. Pastor,
			 Mr. Flake, and
			 Mr. Renzi) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

		A BILL
		To create a new nonimmigrant visa category for registered
		  nurses, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Nursing Relief Act of
			 2007.
		2.Findings and
			 purpose
			(a)FindingsThe
			 Congress finds the following:
				(1)There are more
			 vacant nursing positions in the United States than there are qualified
			 registered nurses and nursing school candidates to fill those positions.
				(2)According to the
			 Department of Labor, the current national nursing shortage exceeds
			 126,000.
				(3)States in the West
			 and Southwest have a disproportionate number of nursing vacancies because of
			 rapid population growth, which exacerbates a widening gap in the number of
			 facilities and staff compared to patients that need care.
				(4)Foreign countries
			 such as the Philippines, India, and China have an oversupply of nurses.
				(5)Major hospital systems in the United States
			 spend hundreds of millions of dollars every year recruiting foreign nurses
			 under our current immigration system.
				(6)Current law, with
			 certain limited exceptions, requires health care providers to sponsor desired
			 nurses for permanent resident status while the nurses remain outside of the
			 United States, which can take as much as 3 years.
				(7)This cost is
			 passed on to consumers and adds to the rising cost of health care.
				(8)Health care
			 providers cannot efficiently and effectively recruit qualified foreign nurses
			 through the existing immigration process.
				(9)Our health care
			 system requires an immediate modification of Federal laws relating to
			 recruitment of qualified foreign nurses in order to operate at an efficient and
			 effective level.
				(b)PurposeThe
			 purpose of this Act is to create a new nonimmigrant visa category for
			 registered nurses and establish admission requirements for such
			 nonimmigrants.
			3.Requirements for
			 admission of nonimmigrant nurses
			(a)Establishment of
			 a new nonimmigrant categorySection 101(a)(15) of the Immigration
			 and Nationality Act (8 U.S.C. 1101(a)(15)) is amended—
				(1)by striking
			 or at the end of subparagraph (U),
				(2)by striking the
			 period at the end of subparagraph (V) and inserting ; or;
			 and
				(3)by adding at the
			 end the following:

						(W)an alien who is coming temporarily to
				the United States to perform services as a professional nurse, as described in
				section 212(v)(1)(A), who meets the qualifications described in section
				212(v)(1)(B), and with respect to whom the Secretary of Labor determines and
				certifies to the Secretary of Homeland Security and the Secretary of State that
				the intending employer has filed with the Secretary of Labor an attestation
				under section 212(v)(2), and the alien spouse and children of any such
				principal alien, if accompanying or following to join the principal
				alien.
						.
				(b)Requiring
			 petition of importing employerSection 214(c) of the Immigration
			 and Nationality Act (8 U.S.C. 1184(c)) is amended by adding at the end the
			 following:.

					(15)(A)The question of importing
				any alien as a nonimmigrant under section 101(a)(15)(W) in any specific case or
				specific cases shall be determined by the consular officer, after consultation
				with appropriate agencies of the Government, upon petition of the importing
				employer. Such petition shall be made and approved before the visa is granted.
				The petition shall be in such form and contain such information as the
				Secretary of Homeland Security shall prescribe by regulation. The approval of
				such a petition shall not, of itself, be construed as establishing that the
				alien is a nonimmigrant.
						(B)The following petitions shall be determined
				by the Secretary of Homeland Security, after consultation with appropriate
				agencies of the Government:
							(i)A petition for an alien lawfully
				present in the United States to be initially granted nonimmigrant status
				described in section 101(a)(15)(W).
							(ii)A petition for an alien having such
				status to obtain an extension of stay.
							(iii)A petition to obtain authorization
				for an alien having such status to change
				employers.
							.
			(c)Shifting burden of
			 proof for nonimmigrant statusSection 214(b) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(b)) is amended by striking (L) or
			 (V) and inserting (L), (V), or (W).
			(d)Allowing petition
			 for permanent residence while in nonimmigrant statusSection
			 214(h) of the Immigration and Nationality Act (8 U.S.C. 1184(h)) is amended by
			 striking (L), or (V) and inserting (L), (V), or
			 (W).
			(e)Other admission
			 requirementsSection 212 of the Immigration and Nationality Act
			 (8 U.S.C. 1182) is amended—
				(1)by redesignating
			 the second subsection (t) (added by section 1(b)(2)(B) of Public Law 108–449
			 (118 Stat. 3470)) as subsection (u); and
				(2)by adding at the
			 end the following:

						(v)(1)(A)For purposes of section
				101(a)(15)(W) and this subsection—
									(i)the term professional
				nurse means a person who applies the art and science of professional
				nursing in a manner that reflects comprehension of principles derived from the
				physical, biological, and behavioral sciences; and
									(ii)the term professional
				nursing includes—
										(I)making clinical judgments involving the
				observation, care, and counsel of persons requiring nursing care;
										(II)administering of medicines and
				treatments prescribed by the physician or dentist; and
										(III)participation in the activities for the
				promotion of health and prevention of illness in others.
										(B)The qualifications referred to in section
				101(a)(15)(W) are that the alien is qualified, under the laws (including such
				temporary or interim licensing provisions or nurse licensure compact provisions
				which authorize the nurse to be employed) governing the place of intended
				employment, to engage in the practice of professional nursing as a registered
				nurse immediately upon admission to the United States and is authorized under
				such laws to be employed, except that if the alien has completed all licensing
				requirements except for submission of a social security account number, the
				alien may provide a letter from the State Board of Nursing of the State of
				intended employment which confirms that the alien is eligible for license
				issuance upon presentation of such number.
								(2)(A)The attestation referred
				to in section 101(a)(15)(W) is an attestation by the employer to the
				following:
									(i)The employer is offering and will offer
				during the period of authorized employment to aliens admitted or provided
				status under section 101(a)(15)(W) wages that are at least—
										(I)the actual wage level paid by the
				employer to all other individuals with similar experience and qualifications
				for the specific employment in question; or
										(II)the prevailing wage level for the
				occupational classification in the area of employment;
										whichever is
				greater, based on the best information available as of the time of the
				attestation.(ii)The employment of the alien will not
				adversely affect the wages and working conditions of registered nurses
				similarly employed at the worksite.
									(iii)The alien will be paid the wage rate
				for registered nurses similarly employed at the worksite.
									(iv)There is not a strike or lockout in
				the course of a labor dispute in the registered nurse classification at the
				worksite.
									(v)The employer has provided notice of
				the filing of the attestation to the bargaining representative of the
				registered nurses at the worksite or, if there is no such bargaining
				representative, notice of the filing has been provided to the registered nurses
				employed at the worksite through physical posting in a conspicuous location at
				the worksites.
									(vi)The number of workers sought, the
				work locations, and the wage rate and conditions under which they will be
				employed.
									(B)The employer shall make a copy of the
				attestation available for public examination, within 10 working days after the
				date on which the attestation is filed, at the employer’s principal place of
				business or worksite (along with such accompanying documents as are
				necessary).
								(C)The Secretary of Labor shall review
				the attestation only for completeness and obvious inaccuracies. Unless such
				Secretary finds that the attestation is incomplete or obviously inaccurate, the
				Secretary shall provide the certification described in section 101(a)(15)(W)
				within 7 days of the date of the filing of the attestation.
								(D)An attestation under subparagraph
				(A)—
									(i)shall expire on the date that is the
				later of—
										(I)the end of the 3-year period
				beginning on the date on which it is filed; or
										(II)the end of the period of admission
				under section 101(a)(15)(W) of the last alien with respect to whose admission
				it applied (in accordance with clause (ii)); and
										(ii)shall apply to petitions described in
				section 214(c)(15) filed during the 3-year period beginning on the date on
				which it is filed if the employer states in each such petition that it
				continues to comply with the conditions in the attestation.
									(E)An employer may meet the requirements
				of this paragraph with respect to more than one professional nurse in a single
				attestation.
								(F)An employer may meet the requirements
				of this paragraph with respect to more than one work location in a single
				attestation.
								(3)(A)The Secretary of Labor
				shall compile, and make available for public examination in a timely manner, a
				list identifying employers that have filed attestations under paragraph (2)(A).
				Such list shall include, with respect to each attestation, the wage rate,
				number of aliens sought, and period of intended employment.
								(B)The Secretary of Labor shall
				establish a process for the receipt, investigation, and disposition of
				complaints respecting an employer’s failure to meet a condition specified in an
				attestation submitted under paragraph (2)(A) or a misrepresentation of a
				material fact in an attestation. Complaints may be filed by any aggrieved
				person or organization (including bargaining representatives). The Secretary
				shall conduct an investigation under this subparagraph if there is reasonable
				cause to believe that an employer willfully failed to meet a condition or
				willfully misrepresented a material fact. No investigation or hearing shall be
				conducted on a complaint concerning such a failure or misrepresentation unless
				the complaint was filed not later than 12 months after the date of the failure
				or misrepresentation, respectively.
								(C)Under such process, the Secretary of
				Labor shall provide, within 30 days after the date such a complaint is filed,
				for a determination as to whether or not a basis exists to make a finding
				described in subparagraph (B). If the Secretary determines that such a basis
				exists, the Secretary shall provide for notice of such determination to the
				interested parties and an opportunity for a hearing on the complaint within 60
				days of the date of the determination. If such a hearing is requested, the
				Secretary of Labor shall make a finding concerning the matter by not later than
				60 days after the date of the hearing. In case of similar complaints respecting
				the same applicant, the Secretary of Labor may consolidate the hearings under
				this clause on such complaints.
								(D)If the Secretary of Labor finds,
				after notice and opportunity for a hearing, that an employer has willfully
				failed to meet a condition specified in an attestation or that there was a
				willful misrepresentation of material fact in the attestation, the Secretary
				shall notify the Secretary of State and the Secretary of Homeland Security of
				such finding and may, in addition, impose such other administrative remedies
				(including civil monetary penalties in an amount not to exceed $1,000 per nurse
				per violation, with the total penalty not to exceed $10,000 per violation) as
				the Secretary determines to be appropriate. Upon receipt of such notice, the
				Secretary of Homeland Security shall not approve petitions described in section
				214(c)(15) by the employer during a period of at least 1 year for nurses to be
				employed by the employer.
								(4)(A)A nonimmigrant alien
				described in subparagraph (B) who was previously issued a visa or otherwise
				provided nonimmigrant status under section 101(a)(15)(W) is authorized to
				accept new employment upon the filing by the prospective employer of a petition
				described in section 214(c)(15)(B)(iii) on behalf of such nonimmigrant.
				Employment authorization shall continue for such alien until such petition is
				adjudicated. If such petition is denied, such authorization shall cease.
								(B)A nonimmigrant alien described in
				this subparagraph is a nonimmigrant alien—
									(i)who has been lawfully admitted into
				the United States;
									(ii)on whose behalf an employer has filed
				a nonfrivolous petition for new employment before the date of expiration of the
				period of stay authorized by the Secretary of Homeland Security; and
									(iii)who, subsequent to such lawful
				admission, has not been employed without authorization in the United States
				before the filing of such petition.
									(5)(A)The initial period of
				authorized admission for a nonimmigrant under section 101(a)(15)(W) may not
				exceed 3 years, and may be extended, except that the total period of authorized
				admission as such a nonimmigrant may not exceed 6 years.
								(B)(i)Subparagraph (A) shall
				not apply to any nonimmigrant on whose behalf a petition under section 204(b)
				to accord the alien immigrant status under section 203(b), or an application
				for adjustment of status under section 245 to accord the alien status under
				section 203(b), has been filed, if 365 days or more have elapsed since the
				filing of such petition or application.
									(ii)The Secretary of Homeland Security
				shall extend the stay of an alien who qualifies for an exemption under clause
				(i) in 1-year increments until such time as a final decision is made on the
				alien’s lawful permanent residence.
									(iii)Notwithstanding subparagraph (A) and clause
				(ii), any alien who is the beneficiary of an approved petition filed under
				section 204(b) for a status under paragraph (1), (2), or (3) of section 203(b),
				and who is eligible to be granted that status but for application of the
				per-country limitations on immigrants under such paragraph, may apply for, and
				the Secretary of Homeland Security may grant, one or more extensions of
				nonimmigrant status under section 101(a)(15)(W) until such time as an immigrant
				visa is immediately available to the alien and a decision on the alien’s
				application for adjustment of status is made.
									(6)In the case of an alien spouse, who
				is accompanying or following to join a principal alien admitted under section
				101(a)(15)(W), the Secretary of Homeland Security shall authorize the alien
				spouse to engage in employment in the United States and shall provide the
				spouse with an employment authorized endorsement or other
				appropriate work permit.
							(7)(A)(i)The total number of
				aliens who may be issued visas or otherwise provided nonimmigrant status under
				section 101(a)(15)(W) during any fiscal year is 50,000.
									(ii)If the numerical limitation in clause
				(i)—
										(I)is reached during a fiscal year, the
				numerical limitation applicable to the subsequent fiscal year shall be 120
				percent of the preceding numerical limitation; or
										(II)is not reached during a fiscal year,
				the numerical limitation shall remain the same during the subsequent fiscal
				year.
										(B)Notwithstanding subparagraph (A),
				aliens may be issued visas or otherwise provided nonimmigrant status under such
				section without regard to numerical limitation if they are only working in the
				geographic area or areas which are designated by the Secretary of Health and
				Human Services as having a shortage of health care professionals.
								(C)The numerical limitations in
				subparagraph (A) shall only apply to principal aliens and not to the spouse or
				children of such
				aliens.
								.
				4.Regulations;
			 effective date
			(a)RegulationsNot later than 90 days after the date of
			 the enactment of this Act, the following shall promulgate regulations to carry
			 out the amendments made by section 3:
				(1)The Secretary of Labor, in consultation
			 with the Secretary of Health and Human Services and the Secretary of Homeland
			 Security.
				(2)The Secretary of
			 Homeland Security, in consultation with the Secretary of State.
				(b)Effective
			 dateNotwithstanding
			 subsection (a), the amendments made by section 3 shall take effect 90 days
			 after the date of the enactment of this Act, regardless of whether the
			 regulations promulgated under subsection (a) are in effect on such date.
			5.Specification of
			 constitutional authority for enactment of lawThis Act is enacted pursuant to the power
			 granted to Congress under article I, section 8, clause 4, to establish an
			 uniform rule naturalization, and under article I, section 8, clause 18, of the
			 United States Constitution.


109 HCON 296 IH: Expressing the sense of Congress that there is no honor in
U.S. House of Representatives
2005-11-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. CON. RES. 296
IN THE HOUSE OF REPRESENTATIVES

November 10, 2005
Mr. Nadler submitted the following concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION
Expressing the sense of Congress that there is no honor in honor killings.

Whereas so-called honor crimes are acts of violence, usually murder, committed by male family members against female family members who are perceived to have brought dishonor upon the family;
Whereas thousands of women and girls around the world are stabbed, shot, beaten, burned, or maimed every year by male relatives, including husbands, fathers, and brothers, who accuse them of dishonoring their families by not abiding by tribal or religious traditions, being unfaithful, seeking a divorce, refusing an arranged marriage, or marrying according to their will;
Whereas the United Nations Commission on Human Rights, 61st Session, March–April 2005, working with the Special Rapporteurs on violence against women and extrajudicial, summary, or arbitrary executions, received reports of so-called honor killings from numerous countries;
Whereas although honor killings may be outlawed, law enforcement and judicial systems often fail properly to investigate, arrest, and prosecute offenders, and laws frequently permit reduction in sentences or exemptions from prosecution for those who kill in the name of honor, typically resulting in a token punishment, impunity, and continued violence against women; and
Whereas the right to exist is the most fundamental of all rights and must be guaranteed to every individual without discrimination, and the perpetuation of honor killings and dowry deaths is a deliberate violation of women's human rights that should be universally condemned: Now, therefore, be it

That it is the sense of the Congress that—
(1)the United States Agency for International Development should—
(A)work with foreign law enforcement and judicial agencies to enact legal system reforms to address more effectively the investigation and prosecution of so-called honor crimes;
(B)make resources available to local organizations to provide refuge and rehabilitation for women who are victims of honor crimes and the children of such women; and
(C)encourage public awareness and education of human rights and women’s rights;
(2)the Department of State, in preparing the annual Country Reports on Human Rights Practices, should include—
(A)information relating to the incidence of honor crimes in foreign countries;
(B)the steps taken by foreign governments to address the problem of honor crimes; and
(C)all relevant actions taken by the United States, whether through diplomacy or foreign assistance programs, to reduce the incidence of honor crimes and to increase investigations and prosecutions of such crimes;
(3)the President should direct the United States Permanent Representative to the United Nations to communicate to the United Nations the concern of the United States regarding the high rate of honor-related violence toward women worldwide and request that the appropriate United Nations bodies, in consultation with relevant nongovernmental organizations, propose actions to be taken to encourage these countries to demonstrate strong efforts to end such violence; and
(4)the President and the Secretary of State should—
(A)communicate directly with leaders of foreign countries in which honor crimes, including honor killings, dowry deaths, and related practices, are endemic, in order to convey the most serious concerns of the United States regarding these gross violations of human rights; and
(B)urge such foreign leaders to adequately investigate and prosecute all honor crimes, including honor killings, dowry deaths, and related practices, with appropriate penalties.


108 HR 7239 IH: Pennsylvania National Heritage Areas Act
U.S. House of Representatives
2020-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7239IN THE HOUSE OF REPRESENTATIVESJune 18, 2020Mr. Cartwright (for himself, Mr. Michael F. Doyle of Pennsylvania, Ms. Dean, Mr. Evans, Mr. Fitzpatrick, Ms. Houlahan, Mr. Kelly of Pennsylvania, Mr. Meuser, Mr. Reschenthaler, Mr. Thompson of Pennsylvania, Ms. Wild, and Mr. Lamb) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo reauthorize the Rivers of Steel National Heritage Area, the Lackawanna Valley National Heritage Area, the Delaware and Lehigh National Heritage Corridor, the Schuylkill River Valley National Heritage Area, and the Oil Region National Heritage Area, and for other purposes.1.Short titleThis Act may be cited as the Pennsylvania National Heritage Areas Act.2.Reauthorization of, and repeal of funding limitations for, National Heritage Areas and Corridor(a)Rivers of Steel National Heritage Area(1)ReauthorizationSection 408 of the Steel Industry American Heritage Area Act of 1996 (54 U.S.C. 320101 note; Public Law 104–333; 110 Stat. 4256; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended by striking 2021 and inserting 2036.(2)Repeal of funding limitationSection 409(a) of the Steel Industry American Heritage Area Act of 1996 (54 U.S.C. 320101 note; Public Law 104–333; 110 Stat. 4256; 129 Stat. 2551; 133 Stat. 778) is amended by striking the second sentence.(b)Lackawanna Valley National Heritage Area(1)ReauthorizationSection 108 of the Lackawanna Valley National Heritage Area Act of 2000 (54 U.S.C. 320101 note; Public Law 106–278; 114 Stat. 818; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3802) is amended by striking 2021 and inserting 2036.(2)Repeal of funding limitationSection 109 of the Lackawanna Valley National Heritage Area Act of 2000 (54 U.S.C. 320101 note; Public Law 106–278; 114 Stat. 818) is amended by striking subsection (a) and inserting the following:(a)In generalThere is authorized to be appropriated to carry out this title $1,000,000 for each fiscal year..(c)Reauthorization of Delaware and Lehigh National Heritage CorridorSection 12 of the Delaware and Lehigh Navigation Canal National Heritage Corridor Act of 1988 (54 U.S.C. 320101 note; Public Law 100–692; 102 Stat. 4558; 112 Stat. 3260; 123 Stat. 1293; 127 Stat. 420; 128 Stat. 314; 128 Stat. 3801) is amended—(1)in subsection (c)(1), by striking 2021 and inserting 2036; and(2)in subsection (d), by striking 2021 and inserting 2036.(d)Schuylkill River Valley National Heritage Area(1)ReauthorizationSection 209 of the Schuylkill River Valley National Heritage Area Act (54 U.S.C. 320101 note; Public Law 106–278; 114 Stat. 824; 128 Stat. 3802) is amended by striking 2021 and inserting 2036.(2)Repeal of funding limitationSection 210 of the Schuylkill River Valley National Heritage Area Act (54 U.S.C. 320101 note; Public Law 106–278; 114 Stat. 824) is amended by striking subsection (a) and inserting the following:(a)In generalThere is authorized to be appropriated to carry out this title $1,000,000 for each fiscal year..(e)Reauthorization of the Oil Region National Heritage AreaSection 608 of the Oil Region National Heritage Area Act (54 U.S.C. 320101 note; Public Law 108–447; 118 Stat. 3372; 133 Stat. 2713) is amended by striking September 30, 2022 and inserting September 30, 2036.


		II
		110th CONGRESS
		2d Session
		S. 3215
		IN THE SENATE OF THE UNITED STATES

			June 26, 2008
			Mr. Domenici (for
			 himself, Mr. Sessions,
			 Ms. Landrieu, and
			 Ms. Murkowski) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To require the Secretary of Energy to enter into
		  cooperative agreements with private entities to share the cost of obtaining
		  construction and operating licenses for certain types of recycling facilities,
		  and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Strengthening Management of
			 Advanced Recycling Technologies Act of 2008 or the
			 SMART Act of
			 2008.
		2.DefinitionsIn this Act:
			(1)CommissionThe
			 term Commission means the Nuclear Regulatory Commission.
			(2)Private
			 entityThe term private
			 entity means—
				(A)a person, municipality, or electric utility
			 (as those terms are defined in section 3 of the Federal Power Act (16 U.S.C.
			 796)); and
				(B)any legal successor, representative, agent,
			 or agency of any person or entity described in subsection (a).
				(3)SecretaryThe
			 term Secretary means the Secretary of Energy.
			3.Cost-share
			 commercial nuclear licensing program
			(a)In
			 generalThe Secretary shall offer to enter into 1 or more
			 cooperative agreements with private entities—
				(1)to develop the
			 required licensing documentation and technical criteria for new recycling
			 plants, as determined by the Commission by rule;
				(2)to conduct design
			 and engineering work on not less than 1, but not more than 2, recycling
			 technology designs—
					(A)that is
			 sufficient to develop the designs to a state of design completion; and
					(B)to allow for the
			 development of firm cost estimates with respect to the development of the
			 recycling technologies; and
					(3)to share the cost
			 of obtaining construction and operating licenses for not more than 2 used fuel
			 recycling facilities with a maximum individual capacity of 2,500 metric tons
			 per year and a minimum capacity of not less than 500 metric tons.
				(b)Competitive
			 basisAssistance under this section shall be awarded on a
			 competitive basis.
			(c)Matching
			 fundsAs a condition of awarding assistance under this section,
			 the Secretary shall require that Federal funds provided under this section be
			 matched with equal matching funds from a non-Federal source.
			(d)PrerequisitesAssistance
			 under this section shall be awarded only to private entities that propose to
			 develop recycling facilities that—
				(1)do not separate
			 pure plutonium;
				(2)reduce the burden
			 on geological repositories for ultimate waste disposal;
				(3)promote
			 extraction of additional useful energy from used fuel from recycling or
			 reuse;
				(4)use only fuel
			 that is produced from reactors that are located in the United States;
			 and
				(5)produce fuel for
			 civilian nuclear power reactors that are located in the United States.
				4.Long-term
			 contracts for recycling commercial used nuclear fuel
			(a)In
			 generalSubject to subsection (b), the Secretary shall offer to
			 enter into long-term contracts with private entities to recycle commercial used
			 nuclear fuel.
			(b)PrerequisitesThe
			 Secretary may enter into a long-term contract under subsection (a) only if the
			 recycling—
				(1)does not separate
			 pure plutonium;
				(2)reduces the
			 burden on geological repositories for ultimate waste disposal;
				(3)promotes
			 extraction of additional useful energy from used fuel from recycling or
			 reuse;
				(4)uses only fuel
			 that is produced from reactors that are located in the United States;
			 and
				(5)produces fuel for
			 civilian nuclear power reactors that are located in the United States.
				5.Incentives for
			 siting of temporary used fuel storage facilities
			(a)DefinitionsIn
			 this section:
				(1)AgreementThe
			 term agreement means a temporary used fuel storage facility
			 agreement entered into under subsection (e).
				(2)First used fuel
			 receiptThe term first used fuel receipt means the
			 receipt of used fuel by a temporary used fuel storage facility at a site within
			 the jurisdiction of a unit of local government that is a party to an
			 agreement.
				(3)Unit of local
			 governmentThe term unit of local government means
			 any borough, city, county, parish, town, township, village, or other general
			 purpose political subdivision of a State, or association of 2 or more political
			 subdivisions of a State.
				(4)Used
			 fuelThe term used fuel means—
					(A)high-level
			 radioactive waste produced by facilities with which the Secretary has entered
			 into a long-term contract under section 4; or
					(B)used nuclear
			 fuel.
					(b)AuthorizationThe
			 Secretary shall offer to enter into temporary used fuel storage facility
			 agreements in accordance with this section.
			(c)Notice from
			 units of local government to SecretaryNot later than 180 days
			 after the date of enactment of this Act, representatives of a unit of local
			 government may submit to the Secretary written notice that the unit of local
			 government is willing to have a privately owned and operated temporary used
			 fuel storage facility located at an identified site within the jurisdiction of
			 the units of local government.
			(d)Preliminary
			 compensation
				(1)In
			 generalThe Secretary shall make payments of $1,000,000 each year
			 to not more than 11 units of local government that have submitted notices under
			 subsection (c).
				(2)Multiple
			 noticesIf more than 11 notices are received under subsection
			 (c), the Secretary shall make payments to the first 11 units of local
			 government, based on the order in which the notices are received.
				(3)TimingThe
			 payments shall be made annually for a 3-year period, on the anniversary date of
			 the filing of the notice under subsection (c).
				(e)Agreement
				(1)In
			 generalOn the docketing of an application for a license for a
			 temporary used fuel storage facility at a site within the jurisdiction of an
			 unit of local government by the Commission, the Secretary shall offer to enter
			 into a temporary used fuel storage facility economic impact agreement with the
			 unit of local government.
				(2)Terms and
			 conditionsAn agreement between the Secretary and a unit of local
			 government under this subsection shall contain such terms and conditions
			 (including such financial and institutional arrangements) as the Secretary and
			 the unit of local government determine to be reasonable and appropriate.
				(3)AmendmentAn
			 agreement may be—
					(A)amended only with
			 the mutual consent of the parties to the agreement; and
					(B)terminated only
			 in accordance with paragraph (4).
					(4)TerminationThe
			 Secretary shall terminate an agreement if the Secretary determines that any
			 major element of the temporary used fuel storage facility required under the
			 agreement will not be completed.
				(5)Number of
			 agreementsNot more than 2 agreements may be in effect at any
			 time.
				(6)Payment
			 schedule
					(A)In
			 generalIf the Secretary enters into an agreement under this
			 subsection, the Secretary shall make to the unit of local government and the
			 State in which the unit of local government is located—
						(i)payments
			 of—
							(I)on the date of
			 entering into the agreement under this subsection, $6,000,000;
							(II)during the
			 period beginning on the date of entering into an agreement and ending on the
			 date of first used fuel receipt or denial of the license application for a
			 temporary used fuel storage facility by the Commission, whichever is later,
			 $10,000,000 for each year; and
							(III)during the
			 period beginning on the date of first used fuel receipt and ending on the date
			 of closure of the facility, a total of the higher of—
								(aa)$15,000,000 for
			 each year; or
								(bb)$15,000 per
			 metric ton of used fuel received at the facility for each year, up to a maximum
			 of $25,000,000 for each year; and
								(ii)a
			 payment of $20,000,000 on closure of the facility.
						(B)Timing of
			 annual paymentsThe Secretary shall make annual payments under
			 subparagraph (A)(i)—
						(i)in
			 the case of annual payments described in subparagraph (A)(i)(II), on the
			 anniversary of the date of the docketing of the license application by the
			 Commission; and
						(ii)in
			 the case of annual payments described in subparagraph (A)(i)(III), on the date
			 of the first used fuel receipt and thereafter on the anniversary date of the
			 first used fuel receipt, in lieu of annual payments described in subparagraph
			 (A)(i)(II).
						(C)Termination of
			 authoritySubject to subparagraph (A)(ii), the authority to make
			 payments under this paragraph terminates on the date of closure of the
			 facility.
					6.Acceptance,
			 storage, and settlement of claims
			(a)In
			 generalThe Secretary shall offer to enter into a long-term
			 contract for the storage of used fuel from civilian nuclear power plants with a
			 private entity that owns or operates an independent used fuel storage facility
			 licensed by the Commission that is located within the jurisdiction of a unit of
			 local government to which payments are made pursuant to section 5(e).
			(b)Settlement and
			 acceptance of used fuel
				(1)In
			 generalAt the request of a party to a contract under section
			 302(a) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(a)), the
			 Secretary may enter into an agreement for the settlement of all claims against
			 the Secretary under a contract for failure to dispose of high-level radioactive
			 waste or used nuclear fuel not later than January 31, 1998.
				(2)Terms and
			 conditionsA settlement agreement described in paragraph
			 (1)—
					(A)shall contain
			 such terms and conditions (including such financial and institutional
			 arrangements) as the Secretary and the party to the contract determine to be
			 reasonable and appropriate; and
					(B)may include the
			 acceptance of used fuel from the party to the contract for storage at a
			 facility with respect to which the Secretary has a long-term contract under
			 paragraph (1).
					(c)Effect of
			 acceptanceAcceptance of used fuel by the Secretary under
			 subsection (b) shall constitute transfer of title to the Secretary.
			(d)Priority for
			 acceptance for closed facilitiesIf a request for fuel acceptance
			 is made under paragraph (2) by a facility that has produced used nuclear fuel
			 and that is shut down permanently and the facility has been decommissioned, the
			 Secretary shall provide priority for the acceptance of the fuel produced by the
			 facility.
			(e)Transportation
			 of used fuel
				(1)In
			 generalThe Secretary shall provide for the transportation of
			 used fuel accepted by the Secretary under this subsection.
				(2)Systems and
			 components
					(A)In
			 generalThe Secretary shall procure all systems and components
			 necessary to transport used fuel from facilities designated by contract holders
			 to 1 or more storage facilities under this subsection.
					(B)CasksThe
			 Secretary shall—
						(i)use
			 transportation and storage casks that are approved by the Commission in use at
			 facilities designated by contract holders; and
						(ii)compensate the
			 owner and operator of each facility for the use of the casks.
						7.Funding
			(a)Contracts and
			 feesSection 302(a) of the Nuclear Waste Policy Act of 1982 (42
			 U.S.C. 10222(a)) is amended—
				(1)in paragraph
			 (2)—
					(A)by striking
			 (2) For and inserting the following:

							(2)Fee for
				electricity from civilian nuclear power reactors
								(A)In
				generalFor
								;
				and
					(B)by adding at the
			 end the following:

							(B)Adjusted
				feeFor electricity generated by a civilian nuclear power reactor
				and sold on or after the date that is 90 days after the date of enactment of
				the Strengthening Management of Advanced
				Recycling Technologies Act of 2008, the fee under paragraph (1)
				shall be 1 mill per kilowatt-hour.
							;
				and
					(2)in paragraph
			 (4)—
					(A)by designating
			 the first through fifth sentences as subparagraphs (A) through (E),
			 respectively; and
					(B)by striking
			 subparagraph (E) (as so designated) and inserting the following:

							(E)Effective date
				of adjusted feeThe adjusted fee proposed by the Secretary shall
				be effective on the date a law is enacted approving the proposed adjustment of
				the
				Secretary.
							.
					(b)Establishment
			 of nuclear waste fundsSection 302 of the Nuclear Waste Policy
			 Act of 1982 (42 U.S.C. 10222) is amended by striking subsection (c) and
			 inserting the following:

					(c)Establishment
				of nuclear waste funds
						(1)Nuclear Waste
				Revolving Fund
							(A)EstablishmentThere
				is established in the Treasury of the United States a separate revolving fund,
				to be known as the Nuclear Waste Revolving Fund (referred to in this section as
				the Waste Fund).
							(B)ContentsSubject
				to paragraph (2)(B)(i), the Waste Fund shall consist of—
								(i)all interest
				realized by the Secretary under subsection (e), which have been and shall be
				deposited in the Waste Fund immediately on receipt;
								(ii)any
				appropriation made to the Waste Fund; and
								(iii)any unexpended
				balances available on January 7, 1983, for functions or activities necessary or
				incident to the disposal of civilian high level radioactive waste or civilian
				used nuclear fuel, which shall be transferred to the Waste Fund on the date of
				enactment of this subparagraph.
								(2)Nuclear Waste
				Legacy Fund
							(A)EstablishmentThere
				is established in the Treasury of the United States a separate fund, to be
				known as the Nuclear Waste Legacy Fund (referred to in this section as the
				Legacy Fund).
							(B)ContentsThe
				Legacy Fund shall consist of—
								(i)the amount of the
				corpus minus $1 billion which shall be transferred from the Waste Fund on the
				date of enactment of this subparagraph;
								(ii)fees paid under
				subsections (a) and (b); and
								(iii)any
				appropriations made to the Legacy
				Fund.
								.
			(c)Authorized uses
			 of nuclear waste fundsSection 302(d) of the Nuclear Waste Policy
			 Act (42 U.S.C. 10222(d)) is amended in the first sentence—
				(1)in the matter
			 preceding paragraph (1), by inserting management of used nuclear fuel
			 or after only for purposes of;
				(2)in paragraph (5),
			 by striking and after the semicolon at the end;
				(3)in paragraph (6),
			 by striking and 219. and inserting 141, and 219 and
			 section 5 of the Strengthening Management of
			 Advanced Recycling Technologies Act of 2008; and;
			 and
				(4)by inserting
			 after paragraph (6) the following:

						(7)any costs
				associated with storage and recycling of used nuclear fuel incurred pursuant to
				sections 3, 4, and 5 of the Strengthening
				Management of Advanced Recycling Technologies Act of
				2008.
						.
				(d)Administration
			 of fundsSection 302(e) of the Nuclear Waste Policy Act of 1982
			 (42 U.S.C. 10222(e)) is amended—
				(1)by redesignating
			 paragraphs (4) through (6) as paragraphs (6) through (8), respectively;
			 and
				(2)by striking
			 (e) Administration of
			 waste fund and all that follows through the end of
			 paragraph (3) and inserting the following:

						(e)Administration
				of funds
							(1)In
				generalThe Secretary of the Treasury shall maintain the Waste
				Fund and the Legacy Fund (referred to in this subsection as the
				Funds).
							(2)Annual
				reportsAfter consultation with the Secretary of the Treasury,
				the Secretary shall report annually to Congress on the financial condition and
				operations of the Funds during the preceding fiscal year.
							(3)Budget
								(A)SubmissionThe
				Secretary shall submit the budget of the Funds to the Office of Management and
				Budget triennially along with the budget of the Department of Energy submitted
				in accordance with chapter 11 of title 31, United States Code.
								(B)AdministrationThe
				budget of the Funds shall—
									(i)contain estimates
				made by the Secretary of expenditures from the Funds, and other relevant
				financial matters, for the succeeding 3 fiscal years; and
									(ii)be included in
				the budget for the United States Government.
									(4)Expenditures
								(A)Waste
				Fund
									(i)In
				generalSubject to subsection (d) and any limitations in
				appropriations Acts, the Secretary may make expenditures from the Waste Fund
				without further appropriation and without fiscal year limitation to carry out
				this Act.
									(ii)Certain
				paymentsNotwithstanding clause (i), the Secretary shall make
				expenditures from the Waste Fund to make payments under contracts and
				agreements entered into by the Secretary under sections 4(a), 5(e), and 5(f) of
				the Strengthening Management of Advanced
				Recycling Technologies Act of 2008 without further appropriation
				and without fiscal year limitation.
									(B)Legacy
				FundThe Secretary may make expenditures from the Legacy Fund,
				subject to appropriations, to remain available until expended.
								(5)InvestmentsIf
				the Secretary determines that either of the Funds contains at any time amounts
				in excess of current needs, the Secretary may request the Secretary of the
				Treasury to invest such amounts, or any portion of such amounts as the
				Secretary determines to be appropriate, in obligations of the United
				States—
								(A)having maturities
				determined by the Secretary of the Treasury to be appropriate to the needs of
				the Fund; and
								(B)bearing interest
				at rates determined to be appropriate by the Secretary of the Treasury, taking
				into consideration the current average market yield on outstanding marketable
				obligations of the United States with remaining periods to maturity comparable
				to the maturities of those investments, except that the interest rate on the
				investments shall not exceed the average interest rate applicable to existing
				borrowing.
								.
				(e)Conforming
			 amendments
				(1)Section 6 of the
			 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10105) is repealed.
				(2)Section 302 of
			 the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222) is amended by striking
			 the section heading and inserting the following: Nuclear Waste
			 Funds.
				8.Waste
			 confidenceFor purposes of a
			 determination by the Commission on whether to grant, amend, or renew any
			 license under the Atomic Energy Act of
			 1954 (42 U.S.C. 2011 et seq.) and this Act, the obligation of the
			 Secretary to develop a repository in accordance with the
			 Nuclear Waste Policy Act of 1982 (42
			 U.S.C. 10101 et seq.) shall provide sufficient and independent grounds for any
			 further findings by the Commission of reasonable assurances that used nuclear
			 fuel and high-level radioactive waste would be disposed of safely and in a
			 timely manner.


114 HR 3803 IH: Legally Binding Budget Act of 2015
U.S. House of Representatives
2015-10-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3803
		IN THE HOUSE OF REPRESENTATIVES

			October 22, 2015
			Mrs. Black (for herself, Mr. Duncan of Tennessee, and Mr. Ribble) introduced the following bill; which was referred to the Committee on Rules, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend the Congressional Budget Act of 1974 to establish joint resolutions on the budget, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Legally Binding Budget Act of 2015. 2.DefinitionsSection 3 of the Congressional Budget Act of 1974 is amended by striking paragraph (4) and inserting the following new paragraph:

 (4)The term joint resolution on the budget means— (A)a joint resolution setting forth the budget for the United States Government for a fiscal year as provided in section 301; and
 (B)any other joint resolution revising the budget for the United States Government for a fiscal year as described in section 304..
 3.Revision of timetableSection 300 of the Congressional Budget Act of 1974 (2 U.S.C. 631) is amended to read as follows:  300.TimetableThe timetable with respect to the congressional budget process for any Congress (beginning with the One Hundred Fifteenth) is as follows:

								On or before:Action to be completed:
								First Monday in FebruaryPresident submits budget recommendations.
								February 15Congressional Budget Office submits report to Budget Committees.
								Not later than 6 weeks after budget submissionCommittees submit views and estimates to Budget Committees.
								April 1Budget Committees report joint resolution on the budget.
								April 15Congress completes action on joint resolution on the budget.
								May 15Appropriation bills may be considered in the House of Representatives.
								June 10House Appropriations Committee reports last appropriation bill.
								June 30House completes action on appropriation bills.
								October 1Fiscal year begins..
		4.Amendments to sections 301 and 303 and technical and conforming amendments
 (a)In generalSection 303 of the Congressional Budget Act of 1974 is amended— (1)by striking (a) In General.—, by striking has been agreed to and inserting takes effect, and by striking subsections (b) and (c); and
 (2)by striking its section heading and inserting the following new section heading: Consideration of budget-related legislation before budget becomes law. (b)Technical amendmentSection 301(a)(5) of the Congressional Budget Act of 1974 is amended by inserting for display purposes only, before the public debt.
 (c)Conforming amendmentThe item relating to section 303 in the table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended to read as follows:

						Sec. 303. Consideration of budget-related legislation before budget becomes law..
 5.Permissible revisions of budget resolutionsSection 304 of the Congressional Budget Act of 1974 is amended to read as follows:  304.Permissible revisions of budget resolutionsAt any time after the joint resolution on the budget for a fiscal year has been enacted pursuant to section 301, and before the end of such fiscal year, the two Houses and the President may enact a joint resolution on the budget which revises or reaffirms the joint resolution on the budget for such fiscal year most recently enacted, and for purposes of the enforcement of the Congressional Budget Act of 1974, the chairman of the Budget Committee of the House of Representatives or the Senate, as applicable, may adjust levels as needed for the enforcement of the budget resolution..
 6.Limitation on the content of budget resolutionsSection 305 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection:

				(e)Limitation on Contents
 (1)It shall not be in order in the House of Representatives or in the Senate to consider any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter referred to in paragraph (2).
 (2)Any joint resolution on the budget or any amendment thereto or conference report thereon that contains any matter not permitted in section 301 (a) or (b) shall not be treated in the House of Representatives or the Senate as a budget resolution under subsection (a) or (b) or as a conference report on a budget resolution under subsection (c) of this section..
		7.Deeming of budgetary aggregates, allocations, and reconciliation instructions in the House and
			 Senate upon veto of joint resolution on the budget
 (a)In generalTitle III of the Congressional Budget Act of 1974 is amended by adding after section 315 the following new section:

 316.Automatic standing order upon veto of joint resolution on the budgetFor purposes of congressional enforcement under titles III and IV of this Act and the rules of the House and the Senate, the joint resolution shall be considered as enforceable upon enactment or 15 days following presentment to the President, whichever occurs earlier..
 (b)Conforming amendmentThe table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 315 the following new item:

						Sec. 316. Automatic standing order upon veto of joint resolution on the budget..
			8.Additional amendments to the Congressional Budget Act of 1974 to effectuate joint resolutions on
			 the budget
			(a)Additional amendments to the Congressional Budget and Impoundment Control Act of 1974
				(1)
 (A)Sections 301, 302, 303, 304, 305, 308, 310, 311, 312, 314, 405, and 904 of the Congressional Budget Act of 1974 (2 U.S.C. 621 et seq.) are amended by striking concurrent each place it appears and inserting joint.
					(B)
 (i)Sections 302(d), 302(g), 308(a)(1)(A), and 310(d)(1) of the Congressional Budget Act of 1974 are amended by striking most recently agreed to concurrent resolution on the budget each place it occurs and inserting most recently enacted joint resolution on the budget.
 (ii)The section heading of section 301 of such Act is amended by striking annual adoption of concurrent resolution and inserting joint resolutions. (C)Sections 302, 303, 304, 310, and 311 of the Congressional Budget Act of 1974 are amended by striking agreed to each place it appears and by inserting enacted.
 (2)The table of contents set forth in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended—
 (A)in the item relating to section 301, by striking Annual adoption of concurrent resolution and inserting Joint resolutions; and (B)by striking concurrent and inserting joint in the item relating to section 305.
 (b)Conforming amendmentAny side heading within any section of title III of the Congressional Budget and Impoundment Control Act of 1974 is amended by striking Concurrent and inserting Joint and any center heading in any section of that title is amended by striking concurrent and inserting joint.
 9.Amendments to the Rules of the House of Representatives to effectuate joint budget resolutionsClauses 1(d)(1), 4(a)(4), 4(b)(2), 4(f)(1)(A), and 4(f)(2) of rule X, clause 10 of rule XVIII, clause 10 of rule XX, and clauses 7 and 10 of rule XXI of the Rules of the House of Representatives are amended by striking concurrent each place it appears and inserting joint.
 10.Conforming amendments to the Balanced Budget and Emergency Deficit Control Act of 1985Section 258C(b)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 907d(b)(1)) is amended by striking concurrent and inserting joint.


117 HR 3255 IH: Lead Elimination and Data Guidance Act
U.S. House of Representatives
2021-05-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 3255IN THE HOUSE OF REPRESENTATIVESMay 14, 2021Mr. Norcross introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo require the Administrator of the Environmental Protection Agency to develop guidance for identifying high-risk locations to focus lead reduction efforts, and for other purposes.1.Short titleThis Act may be cited as the Lead Elimination and Data Guidance Act or the LEAD Guidance Act.2.Identification of high-risk locations(a)Development of guidance(1)In generalIn accordance with the deadline established in subsection (b), the Administrator of the Environmental Protection Agency shall develop guidance to help public water systems identify high-risk locations for purposes of focusing efforts to—(A)test drinking water for the concentration of lead in such drinking water; and(B)replace lead service lines.(2)Use of dataThe guidance developed under paragraph (1) shall include information on how a public water system may use data from the American Community Survey conducted by the Department of Commerce and, where available, geospatial data to identify high-risk locations for the purposes described in subsection (a).(b)Availability of guidanceNot later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall—(1)publish the guidance developed under subsection (a) in the Federal Register; and(2)make such guidance available on a publicly accessible website.(c)ReportNot later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall submit to the Committee on Energy and Commerce of the House of Representatives and the appropriate committee of the Senate a report that—(1)includes the guidance developed under subsection (a);(2)describes the methodology used to develop such guidance; and(3)provides information about who was consulted in the development of such guidance.(d)DefinitionsIn this Act:(1)High-risk locationThe term high-risk location means an area—(A)that is likely to have lead service lines; and(B)in which an environmental justice community is located.(2)Lead service lineThe term lead service line has the meaning given such term in section 1459B(a) of the Safe Drinking Water Act (42 U.S.C. 300j–19b(a)).(3)Public water systemThe term public water system has the meaning given such term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).


113 HR 599 IH: Arms Sale Responsibility Act of 2013
U.S. House of Representatives
2013-02-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 599
		IN THE HOUSE OF REPRESENTATIVES

			February 8, 2013
			Mr. Grijalva (for
			 himself, Mr. Blumenauer,
			 Mr. DeFazio,
			 Mr. Holt, Mr. Honda, Ms. Lee
			 of California, Ms.
			 McCollum, Mr. McGovern,
			 Mrs. Napolitano,
			 Ms. Pingree of Maine,
			 Mr. Rangel,
			 Ms. Slaughter,
			 Mr. Farr, and
			 Mr. Ellison) introduced the following
			 bill; which was referred to the Committee
			 on Foreign Affairs

		A BILL
		To prohibit the transfer of defense articles and defense
		  services to the governments of foreign countries that are engaging in gross
		  violations of internationally recognized human rights, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Arms Sale Responsibility Act of
			 2013.
		2.Sense of Congress
			 provisions
			(a)Transfer of
			 conventional armsIt is the
			 sense of Congress that it should be the policy of the United States to maintain
			 adherence to a policy of restraint in transferring conventional arms if
			 evidence exists of substantial risk that such arms will be used to commit or
			 facilitate serious violations of international human rights law or
			 international humanitarian law.
			(b)Arms control
			 agreementsIn furtherance of the policy described in subsection
			 (a), the President, in negotiating any conventional arms control agreement,
			 should undertake a concerted effort—
				(1)to encourage the
			 national control list of each party to the agreement to cover all types of
			 weaponry, munitions, armaments and related material used for potentially lethal
			 force in military and law enforcement operations, as well as any parts,
			 components and accessories thereof, and machines, technologies and technical
			 expertise for making, developing and maintaining those items;
				(2)to conduct an
			 effective inquiry and meaningful assessment of each application or proposal for
			 authorization to export or internationally transfer arms on a case-by-case
			 basis;
				(3)to deny an arms transfer authorization if
			 there is a substantial risk that the arms will be used to commit or facilitate
			 serious violations of international human rights law or international
			 humanitarian law and to ensure such denial remains in place until steps are
			 taken to mitigate the level of risk;
				(4)to require import
			 and transit state authorizations, and certified end use assurances, before
			 issuing an export license or authorization for any international transfer of
			 conventional arms and to ensure minimum details in the end use assurance
			 include the exporter, consignee, purchasers, country of final destination,
			 description of type and quantity of items, specific purpose they will be used,
			 an expiration date, and an undertaking that they will not be used for purposes
			 other than those declared or re-exported without permission;
				(5)to require
			 delivery verification to be officially certified on receipt of the shipment of
			 conventional arms by the end user, which includes at a minimum, the name and
			 address of the exporter and the importer, the serial number of the import
			 certificate, a description of the goods, the quantity and value, the port of
			 arrival and the name of the ship, aircraft or other carrier; and
				(6)to require each
			 party to the agreement to establish a clear legal framework for lawful
			 brokering and shipping activities relating to transfers of conventional
			 arms.
				3.Prohibition on
			 transfer of defense articles and defense services to certain foreign
			 governments
			(a)ProhibitionFor each fiscal year beginning on or after
			 the date of enactment of this Act, no defense articles or defense services may
			 be transferred to the government of a foreign country under the Foreign
			 Assistance Act of 1961 or the Arms Export Control Act unless the President
			 submits to Congress a certification described in subsection (b) with respect to
			 the transfer of such defense articles or defense services.
			(b)CertificationA
			 certification referred to in subsection (a) is a certification that—
				(1)the government of
			 the foreign country is not engaging in gross violations of internationally
			 recognized human rights, including—
					(A)by carrying out—
						(i)excessive force
			 against or unlawful killings of unarmed protesters;
						(ii)extrajudicial or
			 arbitrary executions;
						(iii)disappearances;
						(iv)torture or severe
			 mistreatment;
						(v)prolonged
			 arbitrary imprisonment;
						(vi)systematic
			 official discrimination on the basis of race, ethnicity, religion, gender,
			 national origin, or political affiliation; or
						(vii)grave breaches
			 of international humanitarian law; and
						(B)by failing
			 to—
						(i)vigorously
			 investigate, discipline, or prosecute those individuals responsible for gross
			 violations of internationally recognized human rights;
						(ii)allow the free
			 functioning of domestic and international human rights organizations;
						(iii)provide access
			 on a regular basis to humanitarian organizations in humanitarian emergencies;
			 or
						(iv)divert the
			 transfer of defense articles or defense services to a third country which
			 facilitates one or more of the actions described in subparagraph (A);
			 and
						(2)the government of
			 the country is not identified by the Secretary of State in the Department of
			 State’s most recent Country Reports on Human Rights Practices as having
			 governmental armed forces or government supported armed groups, including
			 paramilitaries, militias, or civil defense forces, that recruit or use child
			 soldiers.
				(c)Failure To
			 Continue To ComplyAny certification with respect to a foreign
			 government for a fiscal year under subsection (b) shall cease to be effective
			 for that fiscal year if the President certifies to Congress that such
			 government has not continued to comply with the requirements contained in such
			 subsection.
			(d)Notifications to
			 congressThe President shall submit to Congress initial
			 certifications under subsection (b) as part of the submission of the annual
			 congressional presentation documents for foreign assistance programs for each
			 fiscal year beginning on or after the date of enactment of this Act and shall,
			 where appropriate, submit additional or amended certifications at any time
			 thereafter in that fiscal year.
			(e)Exemptions
				(1)In
			 generalThe prohibition contained in subsection (a) shall not
			 apply with respect to a foreign government for a fiscal year if—
					(A)subject to paragraph (2), the President
			 submits a request for an exemption to Congress containing a determination that
			 it is in the national security interest of the United States to provide defense
			 articles or defense services to such government; or
					(B)the President determines that an emergency
			 exists under which it is vital to the interest of the United States to provide
			 military defense articles or defense services to such government.
					(2)DisapprovalA request for an exemption to provide
			 defense articles or defense services to a foreign government shall not take
			 effect, or shall cease to be effective, if a law is enacted disapproving such
			 request.
				(f)DefinitionsIn
			 this section—
				(1)the term defense article has
			 the meaning given the term in section 47(3) of the Arms Export Control Act;
			 and
				(2)the term
			 defense service has the meaning given the term in section 47(4) of
			 the Arms Export Control Act.


114 HR 2408 IH: Child Poverty Reduction Act of 2015
U.S. House of Representatives
2015-05-19
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
114th CONGRESS 1st Session
H. R. 2408
IN THE HOUSE OF REPRESENTATIVES

May 19, 2015
Mr. Danny K. Davis of Illinois (for himself, Mr. Connolly, Ms. Lee, and Mr. Cummings) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL
To establish in the Administration for Children and Families of the Department of Health and Human Services the Federal Interagency Working Group on Reducing Child Poverty to develop a national strategy to eliminate child poverty in the United States, and for other purposes.

1.Short titleThis Act may be cited as the Child Poverty Reduction Act of 2015. 2.Table of contents  Sec. 1. Short title. Sec. 2. Table of contents. Title I—Federal Interagency Working Group on Reducing Child Poverty Sec. 101. Establishment of Working Group. Sec. 102. National plan to reduce child poverty. Sec. 103. Other duties. Sec. 104. Membership. Sec. 105. Director and staff. Sec. 106. Reporting requirements. Title II—Workshops by National Academy of Sciences Sec. 201. Requirement to enter into agreement with National Academy of Sciences. Sec. 202. Workshop topics. Sec. 203. Reporting requirement. Sec. 204. Authorization of appropriations. Title III—Definitions Sec. 301. Definitions. IFederal Interagency Working Group on Reducing Child Poverty 101.Establishment of Working GroupThere is established in the Administration for Children and Families of the Department of Health and Human Services a group which shall be known as the Federal Interagency Working Group on Reducing Child Poverty (in this Act referred to as the Working Group).
102.National plan to reduce child poverty
(a)Primary goal
(1)Development of national planThe primary goal of the Working Group is to develop a national plan— (A)to reduce, within 10 years after the date on which funding is made available to carry out this Act—
(i)the number of children living in poverty in the United States to half of the number of such children as reported in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014); and (ii)the number of children living in extreme poverty in the United States to zero; and
(B)to reduce, within 20 years after the date on which funds are made available to carry out this Act, the number of children living in poverty in the United States to zero. (2)Consultation with National Academy of SciencesIn developing the national plan under paragraph (1), the Working Group shall consider all recommendations, research papers, and reports published by the National Academy of Sciences as a result of the workshops conducted pursuant to title II.
(3)DeadlineNot later than 180 days after the date of the enactment of this Act, the Working Group shall make substantial progress toward the development of the national plan. (b)Additional goalsThe national plan under subsection (a) shall include recommendations for achieving the following goals:
(1)Understanding the root causes of child poverty, including persistent intergenerational poverty, taking into account social, economic, and cultural factors. (2)Improving the accessibility of anti-poverty programs and increasing the rate of enrollment in such programs among eligible children and families by reducing the complexity and difficulty of enrolling in such programs.
(3)Eliminating disparate rates of child poverty based on race, ethnicity, gender, and age. (4)Improving the ability of individuals living in poverty, low-income individuals, and unemployed individuals to access quality jobs that help children and their families rise above poverty.
(5)Connecting low-income children, disconnected youth, and their families to education, job training, work, and their communities. (6)Shifting the measures and policies of Federal anti-poverty programs from the goal of helping individuals and families living in poverty to achieve freedom from deprivation toward the goal of helping such individuals and families rise above poverty and achieve long-term economic stability.
(c)MethodsIn developing the national plan under subsection (a), the Working Group shall employ methods for achieving the goals described in subsections (a) and (b) that include— (1)entering into an agreement with the National Academy of Sciences for a workshop series on the economic and social costs of child poverty, as described in title II;
(2)studying the effect of child poverty on the health and welfare of children, including the access of children living in poverty to health care, housing, proper nutrition, and education; (3)measuring the effect of child poverty on the ability of individuals to achieve economic stability, including such effect on educational attainment, rates of incarceration, lifetime earnings, access to healthcare, and access to housing;
(4)updating and applying improved measures of poverty that can meaningfully account for other aspects relating to the measure of poverty, such as the Supplemental Poverty Measure used by the United States Census Bureau; and  (5)using and applying fact-based measures to evaluate the long-term effectiveness of anti-poverty programs, taking into account the long-term savings and value to the Federal Government and to State, local, and tribal governments of practices and policies designed to prevent poverty.
103.Other dutiesIn addition to developing the national plan under section 102(a), the Working Group shall— (1)monitor, in consultation with the Domestic Policy Council and the National Economic Council, all Federal activities, programs, and services related to child welfare and child poverty;
(2)establish guidelines, policies, goals, and directives related to the achievement of the goals of the national plan, in consultation with non-governmental entities providing social services to low-income children and families, advocacy groups that directly represent low-income children and families, policy experts, and officials of State, local, and tribal governments who administer or direct policy for anti-poverty programs; (3)advise all relevant Federal agencies regarding how to effectively administer and coordinate programs, activities, and services related to child welfare and child poverty and how to resolve any disputes that arise between or among such agencies as a result of such administration or coordination;
(4)provide recommendations to the Congress regarding how to ensure that Federal agencies administering programs, activities, and services related to child welfare and child poverty have adequate resources to increase public awareness of such programs, activities, and services and how to maximize enrollment of eligible individuals; (5)identify methods for improving communication and collaboration among and between State and Federal governmental entities regarding the implementation of State programs related to child welfare and child poverty, such as State programs funded under part A of title IV of the Social Security Act (relating to block grants to States for temporary assistance for needy families), and submit recommendations regarding such methods to relevant Federal agencies and congressional committees; and
(6)hold hearings in different geographic regions of the United States to collect information and feedback from the public regarding personal experiences related to child poverty and anti-poverty programs, and make such information and feedback publicly available. 104.Membership (a)Number of membersThe Working Group shall be composed of no less than 6 members.
(b)Executive pay rateEach member shall be an official of an Executive Department who occupies a position for which the rate of pay is equal to or greater than the rate of pay for level IV of the Executive Schedule under section 5313 of title 5, United States Code. (c)Required participation of certain Executive departmentsThe Working Group shall include at least one member who is an official of each of the following Executive departments:
(1)The Department of Justice. (2)The Department of Agriculture.
(3)The Department of Labor. (4)The Department of Health and Human Services.
(5)The Department of Housing and Urban Development. (6)The Department of Education.
(d)AppointmentEach member shall be appointed by the head of the Executive department that employs such member. (e)Obtaining official dataOn request of the Chairperson, any head of a Federal agency shall furnish directly to the Working Group any information necessary to enable the Working Group to carry out this Act.
(f)TermsEach member shall be appointed for the life of the Working Group. (g)VacanciesA vacancy in the Commission shall be filled in the manner in which the original appointment was made.
(h)QuorumA majority of members shall constitute a quorum. (i)ChairpersonThe Chairperson of the Working Group shall be appointed by the Secretary of Health and Human Services.
(j)Meetings
(1)Initial meeting periodThe Working Group shall meet on a monthly basis during the 180-day period beginning with the date on which funds are made available to carry out this Act. (2)Subsequent meetingsAfter such 180-day period, the Working Group shall meet not less than once every 6 months and at the call of the Chairperson or a majority of members.
105.Director and staff
(a)DirectorThe Working Group shall have a Director who shall be appointed by the Chairperson. (b)StaffThe Director may appoint and fix the pay of additional personnel as the Director considers appropriate.
(c)DutiesThe duties of the Director and staff shall be to achieve the goals and carry out the duties of the Working Group. 106.Reporting requirements (a)Annual reportNot later than September 30, 2016, and annually thereafter, the Chairperson shall submit to the Congress a report describing the activities, projects, and plans of the Federal Government to carry out the goals of the Working Group, which shall include—
(1)an accounting of— (A)any increase in efficiency in the delivery of Federal, State, local, and tribal social services and benefits related to child welfare and child poverty;
(B)any reduction in the number of children living in poverty; (C)any reduction in the demand for such social services and benefits for which children living in poverty and near poverty are eligible; and
(D)any savings to the Federal Government as a result of such increases or reductions; (2)an accounting of any increase in the national rate of employment due to the efforts of the Working Group;
(3)a summary of the efforts of each State to reduce child poverty within such State, including the administration of State programs funded under part A of title IV of the Social Security Act (relating to block grants to States for temporary assistance for needy families); and (4)legislative language and recommendations regarding reducing child poverty and achieving the other goals and duties of the Working Group.
(b)Public reporting requirements
(1)Annual report available to publicA version of the annual report required by subsection (a) shall be made publicly available. (2)Annual update from Federal agenciesThe head of each relevant Federal agency shall post on the public Internet Web site of such agency an annual summary of any plans, activities, and results of the agency related to the goals and duties of the Working Group.
IIWorkshops by National Academy of Sciences
201.Requirement to enter into agreement with National Academy of Sciences
(a)In GeneralNot later than 90 days after the date on which funds are made available to carry out this Act, the Secretary of Health and Human Services shall enter into an agreement with the National Academy of Sciences for 2 public workshops to provide the Working Group with information to assist in the development of the national plan under section 102(a). (b)Steering committeeThe agreement under subsection (a) shall include the creation of a steering committee to plan and conduct such workshops.
(c)ExpertsThe agreement under subsection (a) shall include the commission of experts to prepare research papers that summarize and critique literature on the economic and social costs of child poverty. 202.Workshop topicsThe purpose of the workshops required by section 201(a) shall be to collect information and input from the public on the economic and social costs of child poverty, addressing topics that include—
(1)the macroeconomic costs of child poverty, including the effects of child poverty on productivity and economic output; (2)the health-related costs of child poverty, including the costs incurred by the Federal Government and State, local, and tribal governments due to child illnesses, other child medical problems, and other child health-related expenditures;
(3)the effect of child poverty on crime rates; (4)the short-term and long-term effects of child poverty on the Federal budget, including outlays for anti-poverty programs;
(5)poverty metrics such as income poverty, food insecurity, and other measures of deprivation, and the role of such metrics in assessing the effects of poverty and the performance of anti-poverty programs; (6)the effect of child poverty on certain population groups, including immigrants, single parent families, individuals who have attained the age of 16 but have not attained the age of 25 with large student loans, individuals living in areas of concentrated poverty, and individuals living on Indian reservations; and
(7)the effect of child poverty on individuals and families living in extreme poverty, as compared with such effect on individuals and families living in poverty or near poverty.  203.Reporting requirement (a)Research papersThe agreement under section 201(a) shall include the publication of the research papers required under such section on the public Web site of the National Academy of Sciences.
(b)Workshop summaryThe agreement under section 201(a) shall include the publication of a summary of each workshop required under such section on the public Web site of the National Academy of Sciences. 204.Authorization of appropriationsThere is authorized to be appropriated $1,000,000 to carry out this title.
IIIDefinitions
301.DefinitionsIn this Act: (1)Anti-poverty programThe term anti-poverty program means a program or institution with the primary goal of lifting children or families out of poverty and improving economic opportunities for children or families that operates in whole or in part using Federal, State, local, or tribal government funds.
(2)ChildThe term child means an individual who has not attained the age of 18. (3)DeprivationThe term deprivation means, with respect to an individual, that such individual lacks adequate nutrition, health care, housing, or other resources to provide for basic human needs.
(4)Disconnected youthThe term disconnected youth means individuals who have attained the age of 16 but have not attained the age of 25 who are unemployed and not enrolled in school. (5)Economic stabilityThe term economic stability means, with respect to an individual or family, that such individual or family has access to the means and support necessary to effectively cope with adverse or costly life events and to effectively recover from the consequences of such events while maintaining a decent standard of living.
(6)Extreme povertyThe term extreme poverty means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is 50 percent of the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014). (7)Federal agencyThe term Federal agency means an Executive department, a Government corporation, and an independent establishment.
(8)Near povertyThe term near poverty means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is 200 percent of the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014). (9)PovertyThe term poverty means, with respect to an individual or family, that such individual or family has a total annual income that is less than the amount that is the official poverty threshold for such individual or family, as provided in the report of the United States Census Bureau on Income, Poverty, and Health Insurance Coverage in the United States: 2013 (issued in September 2014).


109 HCON 143 IH: Expressing the sense of Congress that the continued participation of the Russian Federation in the Group of 8 nations should be conditioned on the Russian Government voluntarily accepting and adhering to the norms and standards of democracy.
U.S. House of Representatives
2005-05-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. CON. RES. 143
IN THE HOUSE OF REPRESENTATIVES

May 3, 2005
Mr. Cox (for himself, Mr. Lantos, Mr. McCotter, Mr. Wolf, Mr. Ackerman, Mr. Faleomavaega, Mr. Berman, Mr. Burton of Indiana, Ms. Watson, Mr. Davis of Illinois, and Mr. Cannon) submitted the following concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION
Expressing the sense of Congress that the continued participation of the Russian Federation in the Group of 8 nations should be conditioned on the Russian Government voluntarily accepting and adhering to the norms and standards of democracy.

Whereas the countries that comprise the Group of 7 nations are pluralistic societies with democratic political institutions and practices, committed to the observance of universally recognized standards of human rights, respect for individual liberties, and democratic political practices;
Whereas in 1991 and subsequent years, the leaders of the Group of 7 nations, heads of the governments of the major free-market economies of the world who meet annually in a summit meeting, invited then-Russian President Boris Yeltsin to a post-summit dialogue;
Whereas in 1998, the leaders of the Group of 7 nations formally invited the President of the Russian Federation to participate in an annual gathering that subsequently was known as the Group of 8 nations, although the Group of 7 nations have continued to hold informal summit meetings and ministerial meetings that do not include the Russian Federation;
Whereas the invitation to President Yeltsin to participate in the annual summits was in recognition of the commitment of President Yeltsin to democratization and economic liberalization, despite the fact that the Russian economy remained weak and the commitment of the Government of the Russian Federation to democratic principles was uncertain;
Whereas under the leadership of President Vladimir Putin, the Government of the Russian Federation has attempted to control the activities of independent media enterprises, nongovernmental organizations, religious organizations, and other pluralistic elements of Russian society in an attempt to mute criticism of the government;
Whereas under the leadership of President Putin, the Government of the Russian Federation has suppressed the activities of independent journalists, international observers, and human rights monitoring organizations, and has blocked the renewal of the mandate of the Organization for Security and Co-operation in Europe (OSCE) to operate inside Chechnya in an attempt to block public scrutiny of the war in Chechnya;
Whereas the suppression by the Government of the Russian Federation of independent media enterprises has resulted in widespread government control and influence over the media in the Russian Federation, stifling freedom of expression and individual liberties that are essential to any functioning democracy;
Whereas the arrest and prosecution of prominent Russian business leaders who had supported the political opposition to President Putin are examples of selective application of the rule of law for political purposes;
Whereas the courts of the United States, the United Kingdom, Spain, and Greece have consistently ruled against extradition warrants issued by the Government of the Russian Federation after finding that the cases presented by the Prosecutor General of the Russian Federation have been inherently political in nature;
Whereas the rise to influence within the Government of the Russian Federation of unelected security officials from the KGB of the former Soviet Union is increasingly undermining the Russian Government’s commitment to democratic principles, accountability, and transparency;
Whereas Russian military forces continue to commit brutal atrocities against the civilian population in Chechnya and have been implicated in abductions of Chechen civilians who filed cases before the European Court of Human Rights;
Whereas leaders of the Group of 7 nations have repeatedly expressed that a military solution in Chechnya is not possible;
Whereas in the aftermath of the tragic siege of School No. 1 in Beslan, Russia that occurred during September 2004, which was an act of terrorism abhorrent to all civilized people, President Putin cited violence in the North Caucasus as a pretext for consolidating centralized power and proposed to abolish the popular election of regional governors in favor of presidential appointment of such officials;
Whereas the catastrophic consequences of the siege of School No. 1 in Beslan and of the continued violence in Chechnya demonstrate the need to search for political solutions and to commence negotiations between the Government of Russia and moderate Chechen leaders, giving moderates credence over extremist elements;
Whereas the Government of the Russian Federation initially supported the undemocratic results of the November 21, 2004, runoff in the Ukrainian presidential election, in spite of widespread election fraud and mass demonstrations in support of a new, legitimate election, which raised concerns among the Group of 7 nations that the commitment of the Russian Government to democratic standards is waning;
Whereas a wide range of observers at think tanks and nongovernmental organizations have expressed deep concern that the Russian Federation is moving away from the political and legal underpinnings of a market economy, and have identified the continuing war in Chechnya as a major threat to stability and democracy in Russia; and
Whereas the continued participation of the Russian Federation in the Group of 8 nations, including the Russian Government’s opportunity to host the G–8 summit in 2006 as planned, is a privilege that is premised on the Russian Government voluntarily accepting and adhering to the norms and standards of democracy: Now, therefore, be it

That it is the sense of Congress that—
(1)the selective prosecution of political opponents and the suppression of free media by the Russian Federation, and the continued commission of widespread atrocities in the conduct of the brutal war in Chechnya, do not reflect the minimum standards of civilized nations that characterize every other member state in the Group of 8 nations;
(2)the continued participation of the Russian Federation in the Group of 8 nations, including the Russian Government’s opportunity to host the G–8 summit in 2006 as planned, should be conditioned on the Russian Government voluntarily accepting and adhering to the norms and standards of free, democratic societies as generally practiced by every other member state of the Group of 8 nations, including—
(A)the rule of law, including protection from selective prosecution and protection from arbitrary state-directed violence;
(B)a court system free of political influence and manipulation;
(C)a free and independent media;
(D)a political system open to participation by all citizens and which protects freedom of expression and association; and
(E)the protection of universally recognized human rights; and
(3)the President of the United States and the Secretary of State should work with the other members of the Group of 7 nations to take all necessary steps to suspend the participation of the Russian Federation in the Group of 8 nations until the President, after consultation with the other members of the Group of 7, determines and reports to Congress that the Government of the Russian Federation is committed to respecting and upholding the democratic principles described in paragraph (2).


116 S220 IS: 529 Expansion and Modernization Act of 2019
U.S. Senate
2019-01-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 220IN THE SENATE OF THE UNITED STATESJanuary 24, 2019Mr. Gardner introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue 1986 to provide for distributions from 529 programs to pay
			 apprenticeship and qualified early education expenses, and for other
			 purposes.

 1.Short titleThis Act may be cited as the 529 Expansion and Modernization Act of 2019. 2.Expansion of 529 program expenses (a)Distributions from qualified tuition programs for certain expenses associated with registered apprenticeship programsSection 529(e)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

 (C)Certain expenses associated with registered apprenticeship programsThe term qualified higher education expenses shall include books, supplies, and equipment required for the enrollment or attendance of a designated beneficiary in an apprenticeship program registered and certified with the Secretary of Labor under section 1 of the National Apprenticeship Act (29 U.S.C. 50)..
			(b)Special rules for 529 programs with respect to qualified early
			 education
 expensesSection 529(e)(3) of the Internal Revenue Code of 1986, as amended by subsection (c), is amended by adding at the end the following new subparagraph:

					(D)Special rules permitting limited treatment of qualified early
			 education expenses
 (i)In generalExcept as provided in clause (ii), qualified early education expenses shall be treated as qualified higher education expenses.
 (ii)LimitationIf the aggregate amount of cash distributions from all qualified tuition programs described in subsection (b)(1)(A)(ii) with respect to a beneficiary for qualified early education expenses during any taxable year exceeds $10,000, such excess shall be treated for purposes of subsection (c)(3) as distributions in excess of the qualified higher education expenses of the beneficiary.
 (iii)Qualified early education expensesFor purposes of this subparagraph, the term qualified early education expenses means expenses for providing educational and other care to a child under age 5 (including childcare provided before and after school), as determined under the law of the State, pursuant to attendance at a school or facility licensed in the State for such purpose..
 (c)Career and technical education expensesSection 529(e)(3) of the Internal Revenue Code of 1986, as amended by the preceding subsections, is amended by adding at the end the following new subparagraph:

 (E)Treatment of career and technical education expensesSuch term shall include expenses for books, supplies, and equipment required for enrollment or attendance of a designated beneficiary in a career and technical education program (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302))..
 (d)Industry intermediary education expensesSection 529(e)(3) of the Internal Revenue Code of 1986, as amended by the preceding subsections, is amended by adding at the end the following new subparagraph:

					(F)Treatment of industry intermediary education expenses
 (i)In generalSuch term shall include expenses for books, supplies, and equipment required for enrollment or attendance of a designated beneficiary in an industry intermediary education program.
 (ii)Industry intermediary education programFor purposes of this subparagraph, the term industry intermediary education program means any entity that— (I)in order to accelerate apprenticeship program development and help establish new apprenticeship partnerships at the national, State, or regional level, serves as a conduit between an employer and an entity, such as an industry partner, the Department of Labor, or a State agency responsible for workforce development programs,
 (II)demonstrates a capacity to work with employers and other key partners to identify workforce trends and foster public-private funding to establish new apprenticeship programs, and
 (III)is a business, a consortium of businesses, a business-related nonprofit organization (including industry associations and business federations), a private organization functioning as a workforce intermediary for the express purpose of serving the needs of businesses (including community-based nonprofit service providers and industry-aligned training providers), or a consortium of any of such entities..
 (e)Effective dateThe amendments made by this section shall apply to contributions made and distributions paid after December 31, 2019.
			3.Employer contributions to qualified tuition programs
 (a)In generalSubsection (a) of section 132 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting , or, and by adding at the end the following new paragraph:  (9)qualified tuition program contributions..
 (b)Qualified tuition program contributionsSection 132 of the Internal Revenue Code of 1986 is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection:

 (o)Qualified tuition program contributionsFor purposes of this section— (1)In generalThe term qualified tuition program contributions means contributions (including matching contributions) made by an employer directly to a qualified tuition program (as described in section 529) designated by an employee if—
 (A)such contribution is made to an account under such program for which the designated beneficiary is the employee or a member of the family of the employee (within the meaning of section 529(e)(2)), and
 (B)such contribution is made in connection with a qualified payroll deduction contribution program established by the employer.
 (2)Qualified payroll deduction contribution programFor purposes of this subsection, the term qualified payroll deduction contribution program means a program established by an employer— (A)under which employees may elect to make contributions to accounts described in paragraph (1)(A) which reduce the amount of wages received directly by such employee by the amount of such contribution, and
 (B)which is made available on substantially the same terms to each member of a group of employees which is defined under a reasonable classification set up by the employer which does not discriminate in favor of highly compensated employees (as defined in section 414(q)).
 (3)Limitation on exclusionThe amount of qualified tuition program contributions which may be excluded from gross income under subsection (a)(9) with respect to any employee shall not exceed $500 in any calendar year.
						(4)Inflation adjustment
 (A)In generalIn the case of any taxable year beginning in a calendar year after 2020, the $500 amount contained in paragraph (3) shall be increased by an amount equal to—
 (i)such dollar amount, multiplied by (ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2019 for calendar year 2016 in subparagraph (A)(ii) thereof.
 (B)RoundingAny increase determined under subparagraph (A) shall be rounded to the nearest multiple of $25.. (c)Effective dateThe amendments made by this section shall apply to contributions made after December 31, 2019.