I
111th CONGRESS 1st Session
H. R. 4264
IN THE HOUSE OF REPRESENTATIVES

December 10, 2009
Ms. DeLauro (for herself and Ms. Eshoo) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Agriculture and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To provide for resolution of certain discrimination claims against the Department of Agriculture, and for other purposes.

1.Short titleThis Act may be cited as the Equality for Women Farmers Act.
2.Resolution of certain discrimination claims against the Department of Agriculture
(a)Notice to potential claimants
(1)In generalWithin 120 days after the date of the enactment of this Act, the Secretary shall attempt to notify each person who may be an eligible claimant of the opportunity, during the 3-year period that begins with such date of enactment, to submit a claim under this section for damages resulting from discrimination described in section 6(4).
(2)MethodsThe Secretary shall provide the notice—
(A)by United States mail and electronic mail, to each such person whose address can be determined from the records of the Department or records provided by counsel for eligible claimants; and
(B)by posting in public places, such as local Farm Service Agency offices and on the website of the Department, in a manner designated to reach all such persons.
(b)Submission of claimsA person desiring to submit a claim under this section shall file with the Special Master a sworn statement that contains the following:
(1)The full name of the person.
(2)The mailing address of the person.
(3)To the best of the person’s ability, each date in the claims period on which the person requested from, or submitted to, the Department an application for a farm loan, farm loan servicing, or a disaster loan.
(4)With respect to each such request or submission—
(A)the identity of the office of the Department to which the request or submission was originally made;
(B)the type of loan or loan servicing sought, including a copy of any document submitted;
(C)the amount of damages suffered by the person as a result of the failure of the Department to provide, act on, or approve (in whole or in part) the application; and
(D)a claim for compensation for the damages.
(c)Processing of claims
(1)Personnel
(A)FMCS appointees
(i)Special masterWithin 60 days after the date of the enactment of this Act, the Federal Mediation and Conciliation Service (in this subparagraph referred to as the FMCS) shall appoint a Special Master to process, review, and adjudicate claims under this section.
(ii)Assistant special mastersAt the request of the Special Master, the FMCS shall designate assistant special masters, as necessary, to assist the Special Master in processing, reviewing, and adjudicating claims under this section.
(iii)CompensationFrom funds made available to carry out this section, the Special Master and any assistant special masters designated under this paragraph shall be paid on an hourly basis, consistent with the payment processes and procedures of the FMCS, for services provided under this section.
(B)Departmental employeesOn request of the Special Master, the Secretary may detail employees of the Office of Civil Rights of the Department to assist persons who request assistance in submitting claims under this section.
(2)Procedure for review of claims
(A)Deadline for claims submissionAn award under this section may not be made with respect to a claim submitted after the 3-year period that begins with the date of the enactment of this section.
(B)Expeditious claims reviewThe Special Master shall process, review, and adjudicate claims under this section as expeditiously as possible.
(C)Evidentiary rules
(i)In generalThe Special Master may permit a claimant to present evidence and testimony to substantiate a claim under this section.
(ii)Inapplicability of certain rulesThe Federal Rules of Civil Procedure, the Federal Rules of Evidence, section 554 of title 5, United States Code, and the legal standards and precedents otherwise required to state a legally cognizable prima facie discrimination case in the courts of the United States shall not apply to a claim under this section.
(D)Publication of claims proceduresWithin 90 days after the date of the enactment of this Act, the Special Master shall cause to have published in the Federal Register the procedures and criteria to be used in reviewing and adjudicating claims under this section.
(E)Implementation of procedures and criteriaThe procedures and criteria shall be established and implemented so as to effectuate the remedial purpose of giving each claimant the opportunity to obtain full relief for past discrimination.
(d)Adjudication of claim of gender discrimination in denial, or failure To provide notice of action on, an application for a farm loan, farm loan servicing, or a disaster loanThe Special Master shall award $5,000 to an eligible claimant who has submitted a claim under this section, for each calendar year in the claims period with respect to which—
(1)the claim includes an allegation that the Secretary denied a request from the claimant for an application for a farm loan, farm loan servicing, or a disaster loan, or failed to notify the claimant of any action taken by the Department on such an application submitted by the claimant, on the basis of the gender of the claimant; and
(2)the Secretary fails to prove by a preponderance of the evidence that the allegation is false.
(e)Adjudication of claim of gender discrimination in denial of farm loan, farm loan servicing, or disaster loan
(1)In generalIn addition to any amount awarded under subsection (d), the Special Master shall award an amount determined in accordance with paragraph (2) of this subsection to an eligible claimant who has submitted a claim under this section in which there is an allegation that the Secretary denied an application by the claimant for a farm loan, farm loan servicing, or a disaster loan on the basis of gender of the claimant, if the Special Master finds that the discrimination occurred.
(2)Determination of award amountIn determining the amount to award a claimant under paragraph (1), the Special Master shall presume that the amount to be awarded is $109,000, and shall increase or decrease the amount, as appropriate, based on factors to be determined by the Special Master, including—
(A)the duration of ownership or operation of a farm by the claimant;
(B)the type of farming operation of the claimant;
(C)the past production by the claimant of agricultural products;
(D)the availability of contemporaneously created documents and witness testimony concerning the allegations of discrimination made by the claimant;
(E)the inappropriateness of the conduct of employees of the Department with regard to the claimant; and
(F)the damages suffered by the claimant.
(f)Attorney’s fees
(1)Counsel for plaintiffs and class members in Love v. VilsackWithin 120 days after the date of the enactment of this Act, counsel of record for the plaintiffs and putative class members at the time of the filing of the complaints in Love v. Vilsack, C.A. No. 1:00–CV–02502 (U.S. District Court for the District of Columbia) may present to the Special Master a petition for reasonable compensation for all services the counsel have provided to the plaintiffs and putative class members from calendar year 2000 through the date the petition is presented, which shall be determined by the Special Master in accord with the legal precedents of the United States Court of Appeals for the District of Columbia Circuit pertaining to awards of attorneys’ fees for the litigation of actions where a favorable result is obtained for the common benefit of a class.
(2)Other counselThe Special Master may, in accordance with procedures and guidelines established by the Special Master, award fees to counsel who represent a claimant in a proceeding under this section, not exceeding $10,000 per claimaint, for services the counsel have provided to the claimant in connection with the proceeding, regardless of whether the claimant receives an award under this section.
(g)Finality of determinationsAn adjudication of a claim under this section shall be final and not reviewable by any court.
(h)Acceptance of award constitutes satisfaction of all claims of discrimination during the claims periodA claimant who accepts an award under this section may not bring or pursue an action in any Federal or State court, or an administrative proceeding, for damages based on any claim of discrimination by the Department on the basis of gender in the issuance or review of an application for a farm loan, farm loan servicing, or a disaster loan during the claims period.
(i)Award exempt from federal taxationAn award under this section shall be exempt from taxation under the Internal Revenue Code of 1986.
(j)Reports to the CongressOn each anniversary of the date of the enactment of this Act, the Special Master shall submit to the Committees on Agriculture and on Appropriations of the House of Representatives and the Committees on Agriculture, Nutrition, and Forestry and on Appropriations of the Senate a report (with a copy to the Department) regarding—
(1)the number of claims made under this section;
(2)the number of the claims that have been adjudicated under this section; and
(3)the total of the amounts awarded under this section.
(k)AppropriationOut of any funds in the Treasury of the United States not otherwise appropriated, there are appropriated $4,500,000,000, without fiscal year limitation, for payment by the Special Master to carry out this section.
(l)DefinitionsIn this section:
(1)DamagesThe term damages includes economic loss.
(2)Special masterThe term Special Master means the Special Master appointed under subsection (c)(1)(A)(i).
3.Remedial measures
(a)Limitation on foreclosuresDuring the 3-year period that begins with the date of the enactment of this Act, the Secretary may not initiate foreclosure on collateral or secured property, assist any creditor or any State in connection with a foreclosure on collateral or secured property, or expend any money relating to foreclosure or sale of collateral or secured property, of an eligible claimaint.
(b)Processing of applications for farm loan, farm loan servicing, or disaster benefit
(1)Eligibility determinationsThe Secretary shall approve an application for a farm loan, farm loan servicing, or a disaster benefit submitted by an eligible claimant in the 3-year period that begins with the date of the enactment of this Act, unless the Secretary establishes, by clear and convincing evidence, that the eligible claimaint does not satisfy the published, objective eligibility criteria for the farm loan, farm loan servicing, or disaster loan, as the case may be.
(2)Deadline to provide notice of reasons for denial; effect of failure comply with deadlineWithin 30 days after the Secretary denies an application submitted pursuant to paragraph (1), the Secretary shall provide the applicant with the documentation on the basis of which the application was denied. If the Secretary fails to comply with the preceding sentence, the application is deemed approved.
(3)Opportunity of applicant to submit additional documentationWithin 20 days after the Secretary complies with the 1st sentence of paragraph (2), the applicant may provide the Secretary with additional information in support of the application.
(4)Reconsideration of applicationWithin 20 days after the earlier of the date the Secretary receives the additional information, the Secretary shall reconsider the application on the basis of the additional information.
(5)Action on reconsidered applicationThe Secretary shall approve an application submitted pursuant to paragraph (1) with respect to which the applicant has provided additional information, unless the Secretary concludes by clear and convincing evidence that the applicant is ineligible for the farm loan, farm servicing, or disaster loan involved, based on the published, objective eligibility criteria for the farm loan, farm servicing, or disaster loan, as the case may be.
(6)Notice of denial of reconsidered applicationWithin 30 days after an application is denied pursuant to paragraph (5), the Secretary shall provide the applicant with written notice of the denial, including the specific reason for the denial.
(c)Other remedial measuresThe Secretary shall—
(1)install and maintain recordkeeping systems that document each contact between a farmer and the Department;
(2)establish community-based outreach programs to assist socially disadvantaged farmers in applying for farm loan and farm loan servicing programs;
(3)implement an effective method to achieve transparency in the administration of the loan and loan servicing programs of the Department to facilitate evaluation of whether the fundamental reforms are expeditiously and effectively implemented; and
(4)establish an efficient and effective system for processing discrimination complaints of socially disadvantaged farmers.
(d)Report on implementation of remedial measuresWithin 6 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the status of implementation of the remedial measures described in subsections (b) and (c).
4.GAO audit
(a)In generalThe Comptroller General shall conduct an audit of the administration of farm loan and benefit programs by the Farm Service Agency, to—
(1)identify data that must be collected to determine whether the Department is providing equal access to all programs;
(2)determine whether the technology used by the Department is adequate to collect and store the data, and—
(A)if the technology is adequate for such purpose, shall determine the reasons why the technology is not being used properly; or
(B)if the technology is not adequate for such purpose, shall identify the technology necessary to adequately collect and store the data.
(b)Report to the CongressWithin 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committees on Agriculture and on Appropriations of the House of representatives and the Committees on Agriculture, Nutrition, and Forestry, and on Appropriations of the Senate a report on the findings of the audit conducted under subsection (a).
5.Annual reports on denial of requests for applications for farm loans, loan servicing, or disaster benefits, or of applications therefor
(a)In generalNot later than March 1 of each year, the Secretary shall submit to the Congress a report which summarizes the following information on each person whose request for an application for a farm loan, farm loan servicing, or a disaster loan, or whose application for a farm loan, farm loan servicing, or a disaster loan, was denied in the 12-month period covered by the report:
(1)The gender of the person.
(2)The race of the person.
(3)The national origin of the person.
(4)Whether the person is an Indian or a member of an Indian tribe.
(5)The amount of time that elapsed from the date the request or application was made to the date of the denial.
(6)The location of the office that denied the request or application.
(7)All information taken into account in the denial.
(b)No personally identifiable informationThe report shall not contain any information that identifies any person referred to in subsection (a).
(c)Definitions of Indian and member of an Indian tribeIn this section, the terms Indian and member of an Indian tribe shall have the same meanings given the terms, respectively, in paragraphs (1) and (2) of section 2 of the Tribally Controlled College or University Assistance Act of 1978.
6.DefinitionsIn this Act:
(1)Claims periodThe term claims period means the period that began on January 1, 1981, and ended on the date of the enactment of this Act.
(2)DepartmentThe term Department means the Department of Agriculture.
(3)Disaster loanThe term disaster loan means a loan under subtitle C of the Consolidated Farm and Rural Development Act.
(4)Eligible claimantThe term eligible claimant means any person who claims that she was discriminated against, on the basis of gender, in the issuance or review of an application for a farm loan, farm loan servicing, or a disaster loan, during the claims period.
(5)FarmThe term farm includes a ranch.
(6)Farm loanThe term farm loan means a loan under subtitle A or B of the Consolidated Farm and Rural Development Act.
(7)SecretaryThe term Secretary means the Secretary of Agriculture.
(8)Socially disadvantaged farmerThe term socially disadvantaged farmer has the meaning given the term socially disadvantaged farmer or rancher in section 355(e)(2) of the Consolidated Farm and Rural Development Act.


IV
One Hundred Eleventh Congress of the United States of America
At the Second SessionBegun and held at the City of Washington on Tuesday, the fifth day of January, two thousand and ten
H. CON. RES. 336

December 22, 2010
Agreed to

CONCURRENT RESOLUTION
Providing for the sine die adjournment of the second session of the One Hundred Eleventh Congress.

That when the House adjourns on any legislative day from Friday, December 17, 2010, through Friday, December 24, 2010, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned sine die, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first; and that when the Senate adjourns on any day from Sunday, December 19, 2010, through 11:59 a.m. on Monday, January 3, 2011, on a motion offered pursuant to this concurrent resolution by its Majority Leader or his designee, it stand adjourned sine die, or until the time of any reassembly pursuant to section 2 of this concurrent resolution, whichever occurs first.
2.The Speaker of the House and the Majority Leader of the Senate, or their respective designees, acting jointly after consultation with the Minority Leader of the House and the Minority Leader of the Senate, shall notify the Members of the House and the Senate, respectively, to reassemble at such place and time as they may designate if, in their opinion, the public interest shall warrant it.

Clerk of the House of Representatives.Secretary of the Senate.


116 SRES 39 ATS: Recognizing the 100th anniversary of the American Farm Bureau Federation and celebrating the long history of the American Farm Bureau Federation representing the farmers of the United States.
U.S. Senate
2019-01-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		116th CONGRESS
		1st Session
		S. RES. 39
		IN THE SENATE OF THE UNITED STATES

			January 31, 2019
			Mr. Moran (for himself, Mr. Durbin, Mr. Alexander, Ms. Baldwin, Mr. Barrasso, Mr. Bennet, Mr. Blunt, Mr. Boozman, Mrs. Capito, Mr. Carper, Mr. Cassidy, Ms. Collins, Mr. Coons, Mr. Cornyn, Mr. Cotton, Mr. Cruz, Mr. Daines, Ms. Duckworth, Mr. Enzi, Ms. Ernst, Mrs. Fischer, Mr. Gardner, Mr. Graham, Mr. Hoeven, Mrs. Hyde-Smith, Mr. Inhofe, Mr. Isakson, Mr. Johnson, Mr. Jones, Mr. Kennedy, Mr. King, Ms. Klobuchar, Mr. Lankford, Mr. Merkley, Mrs. Murray, Mr. Paul, Mr. Perdue, Mr. Portman, Mr. Risch, Mr. Roberts, Mr. Schumer, Ms. Smith, Mr. Scott of South Carolina, Mr. Thune, Mr. Tillis, Mr. Van Hollen, Mr. Warner, Mr. Wicker, and Ms. Stabenow) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Recognizing the 100th anniversary of the American Farm Bureau Federation and celebrating the long
			 history of the American Farm Bureau Federation representing the farmers of
			 the United States.

 Whereas, on November 12, 1919, a group of farmers met in Chicago, Illinois, to found the American Farm Bureau Federation, with the goal of making the business of farming more profitable and the community a better place to live;
 Whereas James Howard, the first president of the American Farm Bureau Federation, said in 1920, What’s good for the farmers is good for America;
 Whereas, with State farm bureaus in all 50 States and Puerto Rico, 2,800 county farm bureaus, and 6,000,000 member families, the American Farm Bureau Federation is one of the largest farmer organizations in the United States;
 Whereas the mission of the American Farm Bureau Federation is to enhance and strengthen the lives of rural Americans and to build strong, prosperous agricultural communities;
 Whereas the American Farm Bureau Federation fulfills its mission— (1)by representing farm and ranch families united for the purpose of formulating action to improve the rural United States;
 (2)by supporting educational improvement, economic opportunity, and social advancement; and (3)by promoting the well-being of the people of the United States;
 Whereas the American Farm Bureau Federation has represented the interests of farmers with respect to the consideration and enactment of all major legislation impacting farmers since the founding of the American Farm Bureau Federation; and
 Whereas the American Farm Bureau Federation plays a vital role in promoting the well-being of the people of the United States—
 (1)by analyzing the problems faced by farm and ranch families; and (2)by formulating action to achieve the goals of farm and ranch families: Now, therefore, be it

 That the Senate— (1)commemorates the 100th anniversary of the American Farm Bureau Federation;
 (2)recognizes the American Farm Bureau Federation for 100 years of promoting farm and ranch interests for the benefit of the people of the United States; and
 (3)applauds the American Farm Bureau Federation for its past, present, and future efforts to advocate for farm interests that are critical to the United States.


		IIB
		112th CONGRESS
		2d Session
		H. R. 2842
		IN THE SENATE OF THE UNITED
		  STATES

			March 8, 2012
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To authorize all Bureau of Reclamation
		  conduit facilities for hydropower development under Federal Reclamation law,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Bureau of Reclamation Small Conduit
			 Hydropower Development and Rural Jobs Act of 2012.
		2.AuthorizationSection 9(c) of the Reclamation Project Act
			 of 1939 (43 U.S.C.
			 485h(c)) is amended—
			(1)by striking The Secretary is
			 authorized to enter into contracts to furnish water and inserting
			 (1) The Secretary is authorized to enter into contracts to furnish
			 water;
			(2)by striking
			 (1) shall and inserting (A) shall;
			(3)by striking
			 (2) shall and inserting (B) shall;
			(4)by striking
			 respecting the terms of sales of electric power and leases of power
			 privileges shall be in addition and alternative to any authority in existing
			 laws relating to particular projects and inserting respecting
			 the sales of electric power and leases of power privileges shall be an
			 authorization in addition to and alternative to any authority in existing laws
			 related to particular projects, including small conduit hydropower
			 development; and
			(5)by adding at the
			 end the following:

					(2)When carrying out this subsection, the
				Secretary shall first offer the lease of power privilege to an irrigation
				district or water users association operating the applicable transferred work,
				or to the irrigation district or water users association receiving water from
				the applicable reserved work. The Secretary shall determine a reasonable time
				frame for the irrigation district or water users association to accept or
				reject a lease of power privilege offer.
					(3)The National Environmental Policy Act
				of 1969 (42 U.S.C.
				4321 et seq.) shall not apply to small conduit hydropower
				development, excluding siting of associated transmission on Federal lands,
				under this subsection.
					(4)The Power Resources Office of the Bureau of
				Reclamation shall be the lead office of small conduit hydropower policy and
				procedure-setting activities conducted under this subsection.
					(5)Nothing in this subsection shall
				obligate the Western Area Power Administration, the Bonneville Power
				Administration, or the Southwestern Power Administration to purchase or market
				any of the power produced by the facilities covered under this subsection and
				none of the costs associated with production or delivery of such power shall be
				assigned to project purposes for inclusion in project rates.
					(6)Nothing in this subsection shall alter or
				impede the delivery and management of water by Bureau of Reclamation
				facilities, as water used for conduit hydropower generation shall be deemed
				incidental to use of water for the original project purposes. Lease of power
				privilege shall be made only when, in the judgment of the Secretary, the
				exercise of the lease will not be incompatible with the purposes of the project
				or division involved, nor shall it create any unmitigated financial or physical
				impacts to the project or division involved. The Secretary shall notify and
				consult with the irrigation district or legally organized water users
				association operating the transferred work in advance of offering the lease of
				power privilege and shall prescribe such terms and conditions that will
				adequately protect the planning, design, construction, operation, maintenance,
				and other interests of the United States and the project or division
				involved.
					(7)Nothing in this subsection shall
				alter or affect any existing agreements for the development of conduit
				hydropower projects or disposition of revenues.
					(8)In this subsection:
						(A)ConduitThe term conduit means any
				Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or
				similar manmade water conveyance that is operated for the distribution of water
				for agricultural, municipal, or industrial consumption and not primarily for
				the generation of electricity.
						(B)Irrigation districtThe term irrigation district
				means any irrigation, water conservation or conservancy district, multicounty
				water conservation or conservancy district, or any separate public entity
				composed of two or more such districts and jointly exercising powers of its
				member districts.
						(C)Reserved workThe term
				reserved work means any conduit that is included in project works
				the care, operation, and maintenance of which has been reserved by the
				Secretary, through the Commissioner of the Bureau of Reclamation.
						(D)Transferred workThe
				term transferred work means any conduit that is included in
				project works the care, operation, and maintenance of which has been
				transferred to a legally organized water users association or irrigation
				district.
						(E)SecretaryThe term
				Secretary means the Secretary of the Interior.
						(F)Small conduit
				hydropowerThe term
				small conduit hydropower means a facility capable of producing 1.5
				megawatts or less of electric
				capacity.
						.

			Passed the House of
			 Representatives March 7, 2012.
			Karen L. Haas,
			Clerk.


110 HRES 1198 IH: Commending the people of the Montenegro on

U.S. House of Representatives
2008-05-14
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.

		IV
		110th CONGRESS
		2d Session
		H. RES. 1198
		IN THE HOUSE OF REPRESENTATIVES

			May 14, 2008
			Mr. Gallegly (for
			 himself and Mr. Wexler) submitted the
			 following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Commending the people of the Montenegro on
		  holding free and fair presidential elections on April 6, 2008, the North
		  Atlantic Treaty Organization’s decision at the Bucharest Summit to invite
		  Montenegro to enter into an Intensified Dialogue, and the reforms and progress
		  undertaken by Montenegro since its declaration of
		  independence.

		Whereas the election of the President of Montenegro was
			 held on April 6, 2008;
		Whereas this was the first presidential election since
			 Montenegro gained its independence from the State Union of Serbia and
			 Montenegro in 2006;
		Whereas the incumbent, President Filip Vujanovic, was
			 re-elected in a free and fair election and in accordance with international
			 standards;
		Whereas the conduct of these elections provide further
			 evidence that the people of Montenegro are building a democratic society based
			 on free elections, human rights, and the rule of law;
		Whereas Montenegro is one of 56 participating states in
			 the Organization for Security and Cooperation in Europe (OSCE), all of which
			 have adopted the 1990 Copenhagen Document containing specific commitments
			 relating to the conduct of elections;
		Whereas the OSCE-led International Observation Mission
			 deemed the election to be basically in accordance with the 1990 Copenhagen
			 Document and respected the fundamental and civil rights, such as freedom of
			 expression and assembly, allowing voters to make informed choices;
		Whereas democratic elections are instrumental in
			 furthering Montenegro’s integration into the European Union (EU) and the North
			 Atlantic Treaty Organization (NATO);
		Whereas Montenegro was invited to join NATO’s Partnership
			 for Peace program on November 30, 2006, and has successfully cooperated with
			 NATO on democratic, institutional, and defense reforms;
		Whereas at the NATO summit in Bucharest, Romania, from
			 April 2–4, 2008, Montenegro was invited to begin an Intensified Dialogue with
			 NATO, representing an important step towards full membership;
		Whereas Montenegro, as part of its Intensified Dialogue
			 with NATO, has committed to improving its cooperation with NATO on the full
			 range of political, military, financial, and security issues relating to its
			 aspirations for membership;
		Whereas the people of Montenegro in a popular referendum
			 on May 21, 2006, voted to support the sovereign independence of Montenegro from
			 the State Union of Serbia and Montenegro by a margin of 55.5 percent in favor
			 of independence with over 86 percent of eligible voters participating in the
			 referendum;
		Whereas, in accordance with the expressed will of a
			 majority of the people of Montenegro, on June 3, 2006, the Parliament of
			 Montenegro declared the independence of Montenegro, declaring that Montenegro
			 is a “multiethnic, multicultural and multireligious society . . . based on the
			 rule of law and market economy”;
		Whereas since gaining its independence, Montenegro has
			 undertaken a series of political, economic, and military reforms;
		Whereas earlier this year the Council of Europe commended
			 Montenegro on its new constitution which was approved by more than two-thirds
			 of the members of the Parliament of Montenegro on October 19, 2007;
		Whereas, on March 15, 2007, in recognition of the
			 important reforms achieved by Montenegro in the area of human rights, political
			 reform, and economic reform, the European Union initialed a Stabilization and
			 Association Agreement with Montenegro;
		Whereas, on October 15, 2007, the European Union and
			 Montenegro signed the Stabilization and Association Agreement after it was
			 approved by all 27 EU Member States, thereby furthering Montenegro’s prospects
			 for full membership in the EU; and
		Whereas the United States and Montenegro enjoy close
			 bi-lateral relationship based on common values and interests: Now, therefore,
			 be it

		That the House of Representatives—
			(1)commends the people and the Government of
			 Montenegro for the free and fair manner in which the presidential election on
			 April 6, 2008, was conducted and acknowledges the broad participation of the
			 citizens of Montenegro in that important vote;
			(2)fully supports the decision by the North
			 Atlantic Treaty Organization (NATO) to initiate an Intensified Dialogue with
			 Montenegro and congratulates Montenegro for this important step towards
			 becoming a member of NATO;
			(3)congratulates
			 Montenegro for the important political and economic reforms undertaken since
			 its independence;
			(4)commends
			 Montenegro’s willingness and preparedness to contribute to regional and global
			 security; and
			(5)acknowledges and
			 welcomes the close bilateral relationship between the United States and
			 Montenegro and urges the people and the Government of Montenegro to continue to
			 embrace the principles of democratic government and to take actions that will
			 encourage respect for human rights, adherence to the rule of law, the
			 development of a free market economy, and the growth of a free and open
			 society.


110 HR 2797 IH: To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to establish a National White Collar Crime Center grants program for purposes of improving the identification, investigation, and prosecution of certain criminal conspiracies and activities and terrorist conspiracies and activities.
U.S. House of Representatives
2007-06-20
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. 2797
IN THE HOUSE OF REPRESENTATIVES

June 20, 2007
Mr. Scott of Virginia (for himself, Mr. Forbes, Mr. Conyers, and Mr. Smith of Texas) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to establish a National White Collar Crime Center grants program for purposes of improving the identification, investigation, and prosecution of certain criminal conspiracies and activities and terrorist conspiracies and activities.

1.Authorization and Expansion of National White Collar Crime Center
(a)In generalTitle I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended—
(1)by redesignating part X, as added by section 623 of Public Law 109–248, as part JJ; and
(2)by adding at the end the following new part:

KKNational White Collar Crime Center grants
3021.Establishment of grants program
(a)AuthorizationThe Director of the Bureau of Justice Assistance is authorized to make grants and enter into contracts with State and local criminal justice agencies and nonprofit organizations for the purpose of improving the identification, investigation, and prosecution of certain criminal activities.
(b)Certain criminal activities definedFor purposes of this part, the term certain criminal activity means a criminal conspiracy or activity or a terrorist conspiracy or activity that spans jurisdictional boundaries, including the following:
(1)Terrorism.
(2)Economic crime.
(3)High-tech crime, also known as cyber crime or computer crime, including internet-based crime against children and child pornography.
(c)Criminal justice agency definedFor purposes of this part, the term criminal justice agency, with respect to a State or a unit of local government within such State, includes a law enforcement agency, a State regulatory body with criminal investigative authority, and a State or local prosecution office to the extent that such agency, body, or office, respectively, is involved in the prevention, investigation, and prosecution of certain criminal activities.
3022.Authorized programsGrants and contracts awarded under this part may be made only for the following programs, with respect to the prevention, investigation, and prosecution of certain criminal activities:
(1)Programs to provide a nationwide support system for State and local criminal justice agencies.
(2)Programs to assist State and local criminal justice agencies to develop, establish, and maintain intelligence-focused policing strategies and related information sharing.
(3)Programs to provide training and investigative support services to State and local criminal justice agencies to provide such agencies with skills and resources needed to investigate and prosecute such criminal activities and related criminal activities.
(4)Programs to provide research support, to establish partnerships, and to provide other resources to aid State and local criminal justice agencies to prevent, investigate, and prosecute such criminal activities and related problems.
(5)Programs to provide information and research to the general public to facilitate the prevention of such criminal activities.
(6)Programs to establish National training and research centers regionally, including within Virginia, Texas, and Michigan, to provide training and research services for State and local criminal justice agencies.
(7)Any other programs specified by the Attorney General as furthering the purposes of this part.
3023.ApplicationTo be eligible for an award of a grant or contract under this part, an entity shall submit to the Director of the Bureau of Justice Assistance an application in such form and manner, and containing such information, as required by the Director.
3024.Rules and regulationsNot later than 180 days after the date of the enactment of this part, the Director of the Bureau of Justice Assistance shall promulgate such rules and regulations as are necessary to carry out this part, including rules and regulations for submitting and reviewing applications under section 3023..
(b)Authorization of appropriationSection 1001(a) of such Act (42 U.S.C. 3793) is amended by adding at the end the following new paragraph:

(26)There is authorized to be appropriated to carry out part KK—
(A)$25,000,000 for fiscal year 2008;
(B)$28,000,000 for fiscal year 2009;
(C)$31,000,000 for fiscal year 2010;
(D)$34,000,000 for fiscal year 2011;
(E)$37,000,000 for fiscal year 2012; and
(F)$40,000,000 for fiscal year 2013..


		I
		112th CONGRESS
		1st Session
		H. R. 2198
		IN THE HOUSE OF REPRESENTATIVES

			June 15, 2011
			Mr. Paulsen (for
			 himself, Mr. Schock, and
			 Mr. Donnelly of Indiana) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to increase
		  the alternative tax liability limitation for small property and casualty
		  insurance companies.

		1.Increase in limitation for
			 alternative tax liability for small property and casualty insurance
			 companies
			(a)In
			 GeneralClause (i) of section 831(b)(2)(A) of the Internal
			 Revenue Code of 1986 is amended to read as follows:

					(i)the net written
				premiums (or, if greater, direct written premiums) for the taxable year do not
				exceed $2,025,000,
				and
					.
			(b)Inflation
			 AdjustmentParagraph (2) of section 831(b) of such Code is
			 amended by adding at the end the following new subparagraph:

					(C)Inflation
				adjustmentIn the case of any taxable year beginning in a
				calendar year after 2012, the dollar amount set forth in subparagraph (A) 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 such calendar
				year by substituting calendar year 2011 for calendar year
				1992 in subparagraph (B) thereof.
						If the
				amount as adjusted under the preceding sentence is not a multiple of $1,000,
				such amount shall be rounded to the next lowest multiple of
				$1,000..
			(c)Effective
			 DateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.


I
111th CONGRESS 2d Session
H. R. 4723
IN THE HOUSE OF REPRESENTATIVES

March 2, 2010
Mr. Boyd introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To direct the Secretary of Commerce to study the Gulf of Mexico red snapper fishery and to limit the authority of the Secretary to promulgate any interim rules for the fishery, and for other purposes.

1.Short titleThis Act may be cited as the Gulf of Mexico Red Snapper Fishery Protection Act.
2.Gulf of Mexico red snapper fishery
(a)Stock assessment
(1)RequirementThe Secretary of Commerce shall conduct a benchmark stock assessment of the Gulf of Mexico red snapper fishery.
(2)Report to CongressThe Secretary of Commerce shall submit to Congress a report on the findings of the assessment required by paragraph (1).
(b)Limitation on rules To shorten fishing season
(1)In generalThe Secretary of Commerce may not promulgate any interim rule under section 305(c) of the Magnuson–Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(c)) or any final rule that decreases the number of fishing days in the Gulf of Mexico red snapper fishery to less than the number of such days in 2009—
(A)prior to the date the Secretary submits to Congress the report required by subsection (a)(2); and
(B)unless such report demonstrates the need for any such an interim or final rule.
(2)Existing interim rulesAny interim rule promulgated under section 305(c) of the Magnuson–Stevens Fishery Conservation and Management Act (16 U.S.C. 1855(c)) that decreases the number of fishing days in the Gulf of Mexico red snapper fishery to less than the number of such days in 2009 that was promulgated prior to the date of the enactment of this Act shall have no force or effect.


115 HR 2906 IH: Ensuring Access to General Surgery Act of 2017
U.S. House of Representatives
2017-06-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2906IN THE HOUSE OF REPRESENTATIVESJune 15, 2017Mr. Bucshon (for himself and Mr. Bera) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act with respect to the designation of general surgery shortage
			 areas, and for other purposes.

 1.Short titleThis Act may be cited as the Ensuring Access to General Surgery Act of 2017. 2.FindingsCongress finds the following:
 (1)According to the Bureau of Health Workforce, the United States faces a shortage of physicians. (2)A 2016 study entitled Supply and Demand of General Surgeons: Projections From 2014–2030, prepared by the University of North Carolina at Chapel Hill for the American College of Surgeons, found that the supply of general surgeons will grow slightly by 2030 but will not keep up with overall growth in the United States population or demand for surgical services.
 (3)A 2017 report released by the Association of American Medical Colleges projects shortages of between 19,800 and 29,000 surgeons by 2030.
 (4)In order to accurately prepare for future physician workforce demands, comprehensive, impartial research and high quality data are needed to inform dynamic projections of physician workforce needs.
 (5)A variety of factors, including health outcomes, utilization trends, growing and aging populations, and delivery system changes, influence workforce needs and should be considered as part of flexible projections of workforce needs.
 (6)Given the particularly acute needs in many rural and other surgical workforce shortage areas, additional efforts to assess the adequacy of the current general surgeon workforce are necessary.
 3.Study on designation of general surgery shortage areasPart D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following:

				XIIIGeneral Surgery Shortage Areas
					340J.Designation of general surgery shortage areas
 (a)General surgery shortage area definedFor purposes of this section, the term general surgery shortage area means, with respect to an urban, suburban or rural area in the United States, an area that has a population that is underserved by general surgeons.
						(b)Study and report
 (1)StudyThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall conduct a study on the following matters relating to access by underserved populations to general surgeons:
 (A)Whether current shortage designations, such as the designation of health professional shortage areas under section 332, results in accurate assessments of the adequacy of local general surgeons to address the needs of underserved populations in urban, suburban, or rural areas.
 (B)Whether another measure of access to general surgeons by underserved populations, such as one based on general surgeons practicing within hospital service areas, would provide more accurate assessments of shortages in the availability of local general surgeons to meets the needs of those populations.
 (C)Potential methodologies for the designation of general surgery shortage areas, including the methodology described in paragraph (2).
 (2)Methodology for the designation of areasAmong the methodologies considered under paragraph (1)(C) for the designation of general surgery shortage areas, the Secretary shall analyze the effectiveness and accuracy of the following methodology:
 (A)Development of surgery service areasDevelopment of surgery service areas through the identification of hospitals with surgery services and the identification of populations by zip code areas using Medicare patient origin data.
 (B)Identification of surgeonsIdentification of all actively practicing general surgeons. (C)Surgeon to population ratiosDevelopment of general surgeon-to-population ratios for each surgery service area.
 (D)ThresholdsDetermination of threshold general surgeon-to-population ratios for the number of general surgeons necessary to treat a population for each of the following levels:
 (i)Optimal supply of general surgeons. (ii)Adequate supply of general surgeons.
 (iii)Shortage of general surgeons. (iv)Critical shortage of general surgeons.
 (3)ReportNot later than one year after the date of the enactment of this subpart, the Secretary shall submit to Congress a report on the study conducted under this subsection.
 (4)ConsultationIn conducting the study under paragraph (1), the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients.
 (5)Publication of dataThe Secretary shall periodically collect and publish in the Federal Register— (A)data comparing the availability and need of general surgery services in urban, suburban or rural areas in the United States; and
 (B)if the Secretary designates one or more general surgery shortage areas under subsection (c), a list of the areas so designated.
								(c)Designation of general surgery shortage areas
 (1)Methodology developed through regulationNot later than 12 months after the date of the submission of the report under subsection (b)(3), the Secretary may establish, through notice and comment rulemaking, a methodology for the designation of general surgery shortage areas under this section.
 (2)RequirementsIf the Secretary elects to develop methodology under paragraph (1), the following shall apply: (A)Using the methodology established under paragraph (1) and taking into consideration the data referred to in subsection (b)(5), the Secretary shall—
 (i)designate general surgery shortage areas in the United States; (ii)publish a descriptive list of the areas; and
 (iii)review annually, and, as necessary, revise such designations. (B)The Secretary shall follow similar procedures with respect to notice to appropriate parties, opportunities for comment, dissemination of information, and reports to Congress in designating general surgery shortage areas under this section as those that apply to the designation of health professional shortage areas under section 332.
 (C)In designating general surgery shortage areas under this subsection, the Secretary shall consult with relevant stakeholders, including medical societies, organizations representing surgical facilities, organizations with expertise in general surgery, and organizations representing patients..


115 HRES 648 IH: Expressing support for the designation of August 3, 2018, as “National Ernie Pyle Day”.
U.S. House of Representatives
2017-12-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS1st SessionH. RES. 648IN THE HOUSE OF REPRESENTATIVESDecember 7, 2017Mr. Banks of Indiana submitted the following resolution; which was referred to the Committee on Oversight and Government ReformRESOLUTIONExpressing support for the designation of August 3, 2018, as National Ernie Pyle Day.
Whereas Ernest Ernie Pyle was born on August 3, 1900, in Dana, Indiana;  Whereas Pyle studied journalism at Indiana University Bloomington before becoming a reporter for The Daily Herald in La Porte, Indiana;
Whereas Pyle eventually became a roving correspondent for Scripps-Howard newspapers, writing a column carried in approximately 200 newspapers;  Whereas Pyle served as a war correspondent in Britain in 1940 and covered the Battle of Britain;
Whereas, following the entry of the United States into World War II in December 1941, Pyle covered every major American campaign in the European theater, including in North Africa, Sicily, Italy, and France;  Whereas war reporting by Pyle during World War II consistently celebrated the sacrifices, courage, and determination of the common soldier (commonly known as a grunt) of the United States;
Whereas Pyle lived and worked among the soldiers of the United States and shared in the toils, endeavors, and challenges of those soldiers, including facing enemy fire;  Whereas Pyle received the Pulitzer Prize in 1944 for distinguished war correspondence during the year 1943; and
Whereas Pyle, while traveling with soldiers of the United States that were fighting on the Japanese island of Ie Shima during the Okinawa campaign, was killed by Japanese machine gun fire on April 18, 1945: Now, therefore, be it  That the House of Representatives—
(1)supports the designation of National Ernie Pyle Day; (2)recognizes contributions made by Ernie Pyle to journalism in the United States; and
(3)celebrates the legacy of Ernie Pyle as one of the most respected and beloved war correspondents in the history of the United States.


		II
		111th CONGRESS
		1st Session
		S. 1430
		IN THE SENATE OF THE UNITED STATES

			July 9, 2009
			Ms. Murkowski introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 regarding highly qualified teachers, growth models, adequate yearly
		  progress, Native American language programs, and parental involvement, and for
		  other purposes.

		1.Short titleThis Act may be cited as the
			 School Accountability Improvements
			 Act.
		2.Highly qualified
			 teachers in small, rural, or remote schools
			(a)PurposesThe
			 purposes of this section are—
				(1)to ensure that
			 local educational agencies have flexibility in the ways in which the local
			 educational agencies may provide instruction in core academic subjects;
				(2)to provide relief
			 to teachers who are assigned to teach more than two core academic subjects in
			 small, rural, or remote schools; and
				(3)to provide
			 assurances to students that their instructors will have appropriate knowledge
			 of the core academic subjects the instructors teach.
				(b)Highly
			 qualified teachers of multiple core academic subjects in small
			 schoolsSection 1119(a) of the Elementary and Secondary Education
			 Act of 1965 (20 U.S.C. 6319(a)) is amended by adding at the end the
			 following:

					(4)Special rule
				for small, rural, or remote schoolsIn the case of a local
				educational agency that is unable to provide a highly qualified teacher to
				serve as an on-site classroom teacher for a core academic subject in a small,
				rural, or remote school, the local educational agency may meet the requirements
				of this section by using distance learning to provide such instruction by a
				teacher who is highly qualified in the core academic subject, as long
				as—
						(A)the teacher who
				is highly qualified in the core academic subject—
							(i)is responsible
				for providing at least 50 percent of the direct instruction in the core
				academic subject through distance learning;
							(ii)is responsible
				for monitoring student progress; and
							(iii)is the teacher
				who assigns the students their grades; and
							(B)an on-site
				teacher who is highly qualified in a subject other the core academic subject
				taught through distance learning is present in the classroom throughout the
				period of distance learning and provides supporting instruction and assistance
				to the
				students.
						.
			(c)Small, rural,
			 or remote schoolsSection 9101 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 7801) is amended—
				(1)by redesignating
			 paragraphs (41) through (43) as paragraphs (42) through (44),
			 respectively;
				(2)in the
			 undesignated paragraph following paragraph (39), by striking
			 State.—The and inserting the
			 following

						(41)StateThe
						;
				and
				(3)by inserting
			 after paragraph (39) the following:

						(40)Small, rural,
				or remote schoolThe term small, rural, or remote
				school means a school that—
							(A)(i)is served by a local
				educational agency that meets the eligibility requirements of section 6211(b)
				or 6221(b)(1)(B);
								(ii)has an average daily student
				membership of fewer than 500 students for grades kindergarten through grade 12,
				inclusive, for the full school year preceding the school year for which the
				determination is being made under this paragraph; or
								(iii)has an average daily membership
				of fewer than 100 students in grades 7 through 12, inclusive, for such
				preceding full school year; and
								(B)has been unable,
				despite reasonable efforts to do so, to recruit, hire, or retain a sufficient
				number of teachers who are highly qualified in the core academic subjects for
				the school year for which the determination is being made under this
				paragraph.
							.
				3.Growth
			 modelsSection 1111(b)(2) of
			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is
			 amended by adding at the end the following:

				(L)Growth
				models
					(i)In
				generalIn the case of a State that desires to satisfy the
				requirements of a single, statewide State accountability system under
				subparagraph (A) through the use of a growth model, the Secretary shall approve
				such State’s use of the growth model if—
						(I)the State plan
				ensures that 100 percent of students in each group described in subparagraph
				(C)(v)—
							(aa)meet or exceed
				the State’s proficient level of academic achievement on the State assessments
				under paragraph (3) by the 2013–2014 school year; or
							(bb)are making
				sufficient progress to enable each student to meet or exceed the State’s
				proficient level on such assessments for the student’s corresponding grade
				level not later than the student’s final year in secondary school;
							(II)the State plan
				complies with all of the requirements of this paragraph, except as provided in
				clause (ii);
						(III)the growth
				model is based on a fully approved assessment system;
						(IV)the growth model
				calculates growth in student proficiency for the purposes of determining
				adequate yearly progress either by individual students or by cohorts of
				students, and may use methodologies, such as confidence intervals and the
				State-approved minimum designations, that will yield statistically reliable
				data;
						(V)the growth model
				includes all students; and
						(VI)the State has
				the capacity to track and manage the data for the growth model efficiently and
				effectively.
						(ii)Special
				ruleNotwithstanding any other provision of law, for purposes of
				any provision that requires the calculation of a number or percentage of
				students who meet or exceed the proficient level of academic achievement on a
				State assessment under paragraph (3), a State using a growth model approved
				under clause (i) shall calculate such number or percentage by counting—
						(I)the students who
				meet or exceed the proficient level of academic achievement on the State
				assessment; and
						(II)the students
				who, as demonstrated through the growth model, are making sufficient progress
				to enable each student to meet or exceed the proficient level on the State
				assessment for the student’s corresponding grade level not later than the
				student’s final year in secondary
				school.
						.
		4.School choice
			 and supplemental educational services
			(a)School Choice
			 and Supplemental Educational ServicesSection 1116(b) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6316(b)) is amended—
				(1)in paragraph
			 (1)—
					(A)by striking
			 subparagraph (E) and inserting the following:

							(E)Supplemental
				educational servicesIn the case of a school identified for
				school improvement under this paragraph, the local educational agency shall,
				not later than the first day of the school year following such identification,
				make supplemental educational services available consistent with subsection
				(e).
							;
				and
					(B)by striking
			 subparagraph (F);
					(2)by striking
			 paragraph (5) and inserting the following:

						(5)Failure to make
				adequate yearly progress after identification
							(A)In
				generalIn the case of any school served under this part that
				fails to make adequate yearly progress, as set out in the State’s plan under
				section 1111(b)(2), not later than the first day of the second school year
				following identification under paragraph (1), the local educational agency
				serving such school shall—
								(i)provide students
				in grades 3 through 12 who are enrolled in the school and who did not meet or
				exceed the proficient level on the most recent State assessment in mathematics
				or in reading or language arts with the option to transfer to another public
				school served by the local educational agency in accordance with subparagraph
				(B);
								(ii)continue to make
				supplemental educational services available consistent with subsection (e)(1);
				and
								(iii)continue to
				provide technical assistance.
								(B)Public school
				choiceIn carrying out subparagraph (A)(i) with respect to a
				school, the local educational agency serving such school shall, not later than
				the first day of the school year following such identification, provide all
				students described in subparagraph (A)(i) with the option to transfer to
				another public school served by the local educational agency, which may include
				a public charter school, that has not been identified for school improvement
				under this paragraph, unless such an option is prohibited by State law.
							(C)TransferStudents
				who use the option to transfer under subparagraph (A)(i), paragraph (7)(C)(i)
				or (8)(A)(i), or subsection (c)(10)(C)(vii), shall be enrolled in classes and
				other activities in the public school to which the students transfer in the
				same manner as all other children at the public
				school.
							;
				(3)in paragraph
			 (7)(C)(i), by striking all; and
				(4)in paragraph
			 (8)(A)(i), by striking all.
				(b)Supplemental
			 educational services providersSection 1116(e) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6316(e)) is amended—
				(1)by redesignating
			 paragraph (12) as paragraph (13);
				(2)by inserting
			 after paragraph (11) the following:

						(12)Rule regarding
				providersNotwithstanding paragraph (13)(B), a local educational
				agency identified under subsection (c) that is required to arrange for the
				provision of supplemental educational services under this subsection may serve
				as a provider of such services in accordance with this
				subsection.
						;
				and
				(3)in paragraph
			 (13)(A) (as redesignated by paragraph (1)), by inserting , who is in any
			 of grades 3 through 12 and who did not meet or exceed the proficient level on
			 the most recent State assessment in mathematics or in reading or language
			 arts before the semicolon.
				5.Calculating
			 adequate yearly progress for students with disabilities and students with
			 limited English proficiencySection 1116 of the
			 Elementary and Secondary Education Act of
			 1965 (as amended by section 4) (20 U.S.C. 6316) is further
			 amended—
			(1)by redesignating
			 subsection (h) as subsection (i); and
			(2)by inserting
			 after subsection (g) the following:

					(h)Partial
				Satisfaction of AYP
						(1)SchoolsNotwithstanding
				this section or any other provision of law, in the case of a school that failed
				to make adequate yearly progress under section 1111(b)(2) solely because the
				school did not meet or exceed 1 or more annual measurable objectives set by the
				State under section 1111(b)(2)(G) for the subgroup of students with
				disabilities or students with limited English proficiency, or both such
				subgroups—
							(A)if such school is
				identified for school improvement under subsection (b)(1), such school shall
				only be required to develop or revise and implement a school plan under
				subsection (b)(3) with respect to each such subgroup that did not meet or
				exceed each annual measurable objective; and
							(B)if such school is
				identified for corrective action or restructuring under paragraph (7) or (8) of
				subsection (b), respectively, the local educational agency serving such school
				shall not be required to implement subsection (b)(7)(C)(iv) or subsection
				(b)(8)(B), respectively, if the local educational agency demonstrates to the
				State educational agency that the school would have made adequate yearly
				progress for each assessment and for each such subgroup for the most recent
				school year if the percentage of students who met or exceeded the proficient
				level of academic achievement on the State assessment was calculated by
				counting—
								(i)the students who
				met or exceeded such proficient level; and
								(ii)the students who
				are making sufficient progress to enable each such student to meet or exceed
				the proficient level on the assessment for the student’s corresponding grade
				level not later than the student’s final year in secondary school, as
				demonstrated through a growth model that meets the requirements described in
				subclauses (III) through (VI) of section 1111(b)(2)(L)(i).
								(2)Local
				educational agenciesNotwithstanding this section or any other
				provision of law, in the case of a local educational agency that failed to make
				adequately yearly progress under subsection (c)(1) solely because the local
				educational agency did not meet or exceed 1 or more annual measurable
				objectives set by the State under section 1111(b)(2)(G) for the subgroup of
				students with disabilities or students with limited English proficiency, or
				both such subgroups—
							(A)if the local
				educational agency is identified for improvement under subsection (c)(3), the
				local educational agency shall only be required to develop or revise and
				implement a local educational agency plan under subsection (c)(7) with respect
				to each such subgroup that did not meet or exceed each annual measurable
				objective; and
							(B)if the local
				educational agency is identified for corrective action under subsection
				(c)(10), the State educational agency shall not be required to implement such
				subsection if the State educational agency demonstrates to the Secretary that
				the local educational agency would have made adequate yearly progress for each
				assessment and for each such subgroup if the percentage of students who met or
				exceeded the proficient level of academic achievement on the State assessment
				was calculated by counting—
								(i)the students who
				meet or exceed such proficient level; and
								(ii)the students who
				are making sufficient progress to enable each such student to meet or exceed
				the proficient level on the assessment for the student’s corresponding grade
				level not later than the student’s final year in secondary school, as
				demonstrated through a growth model that meets the requirements described in
				subclauses (III) through (VI) of section
				1111(b)(2)(L)(i).
								.
			6.Native American
			 language programsSection
			 1111(b)(2) of the Elementary and Secondary
			 Education Act of 1965 (as amended by section 3) (20 U.S.C.
			 6311(b)(2)) is further amended by adding at the end the following:

				(M)Native American
				language programsNotwithstanding subparagraph (I) or any other
				provision of law—
					(i)a
				school serving students who receive not less than a half day of daily Native
				language instruction in an American Indian language, an Alaska Native language,
				or Hawaiian in at least grades kindergarten through grade 2 for a school year
				that does not have State assessments under paragraph (3) available in the
				Native American language taught at the school as provided for in paragraph
				(3)(C)(ix)(III)—
						(I)shall assess
				students in grade 3 as required under paragraph (3), and such students shall be
				included in determining if the school met the participation requirements for
				all groups of students as required under subparagraph (I)(ii) for such school
				year; and
						(II)shall not
				include such assessment results for students in grade 3 in determining if the
				school met or exceeded the annual measurable objectives for all groups of
				students as required under subparagraph (I)(i) for such school year; and
						(ii)in the case of a
				school serving students in any of grades 4 through 8 who received such Native
				American language instruction, such school shall count for purposes of
				calculating the percentage of students who met or exceeded the proficient level
				of academic achievement on the State assessment—
						(I)the students who
				met or exceeded such proficient level; and
						(II)the students who
				are making sufficient progress to enable each such student to meet or exceed
				such proficient level on the assessment for the student’s corresponding grade
				level by the time the student enters grade 7, as demonstrated through a growth
				model that meets the requirements described in subclauses (III) through (VI) of
				subparagraph
				(L)(i).
						.
		7.Improving
			 effective parental involvementTitle II of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended—
			(1)in section 2131(1)(B) (20 U.S.C.
			 6631(1)(B)), by inserting one or more parent teacher associations or
			 organizations, after another local educational agency,;
			 and
			(2)in section 2134 (20 U.S.C. 6634)—
				(A)in subsection
			 (a)(2)(C), by inserting one or more parent teacher associations or
			 organizations, after such local educational
			 agencies,;
				(B)by redesignating
			 subsection (b) as subsection (c); and
				(C)by inserting
			 after subsection (a) the following:

						(b)Optional Use of
				FundsAn eligible partnership that receives a subgrant under this
				section may use subgrant funds remaining after carrying out all of the
				activities described in subsection (a) for—
							(1)developing
				parental engagement strategies, with accountability goals, as a key part of the
				ongoing school improvement plan under section 1116(b)(3)(A) for a school
				identified for improvement under section 1116(b)(1); or
							(2)providing
				training to teachers, principals, and parents in skills that will enhance
				effective communication, which training shall—
								(A)include the
				research-based standards and methodologies of effective parent or family
				involvement programs; and
								(B)to the greatest
				extent possible, involve the members of the local and State parent teacher
				association or organization in such training activities and in the
				implementation of school improvement plans under section
				1116(b)(3)(A).
								.
				8.Conforming
			 amendmentsSection 1116 of the
			 Elementary and Secondary Education Act of
			 1965 (as amended by sections 4 and 5) (20 U.S.C. 6316) is further
			 amended—
			(1)in subsection
			 (b)—
				(A)in paragraph
			 (6)(F), by striking (1)(E),;
				(B)in paragraph
			 (7)(C)(i), by striking paragraph (1) (E) and (F) and inserting
			 subparagraphs (B) and (C) of paragraph (5);
				(C)in paragraph
			 (8)(A)(i), by striking paragraph (1) (E) and (F) and inserting
			 subparagraphs (B) and (C) of paragraph (5);
				(D)in paragraph
			 (9)—
					(i)by
			 striking paragraph (1)(E) and inserting paragraph
			 (5)(B); and
					(ii)by
			 striking (1)(A), (5), and inserting (5)(A),;
			 and
					(E)in paragraph
			 (11), by striking (1)(E),;
				(2)in subsection
			 (c)(10)(C)(vii), by striking subsections (b)(1) (E) and (F) and
			 inserting subparagraphs (B) and (C) of subsection (b)(5);
			(3)in subsection
			 (e)(1), by inserting (1), after described in
			 paragraph;
			(4)in subsection
			 (f)(1)(A)(ii), by inserting (A) after (b)(5);
			 and
			(5)in subsection
			 (g)(3)(A), by striking subsection (b)(1)(E) and inserting
			 subsection (b)(5)(B).


115 S2501 IS: Ski Area Fee Retention Act
U.S. Senate
2018-03-06
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.

II115th CONGRESS2d SessionS. 2501IN THE SENATE OF THE UNITED STATESMarch 6, 2018Mr. Gardner (for himself, Mr. Bennet, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Omnibus Parks and Public Lands Management Act of 1996 to provide for the establishment
			 of a Ski Area Fee Retention Account.

 1.Short titleThis Act may be cited as the Ski Area Fee Retention Act. 2.Establishment of Ski Area Fee Retention Account (a)In generalSection 701 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 497c) is amended by adding at the end the following:

					(k)Ski Area Fee Retention Account
 (1)DefinitionsIn this subsection: (A)AccountThe term Account means the Ski Area Fee Retention Account established under paragraph (2).
 (B)Covered unitThe term covered unit means a National Forest which collects a rental charge under this section. (C)RegionThe term Region means a Forest Service Region.
 (D)Rental chargeThe term rental charge means a permit rental charge that is charged under subsection (a). (E)SecretaryThe term Secretary means the Secretary of Agriculture.
 (2)EstablishmentThe Secretary of the Treasury shall establish in the Treasury a special account, to be known as the Ski Area Fee Retention Account, into which there shall be deposited— (A)in the case of a covered unit at which not less than $15,000,000 is collected by the covered unit from rental charges in a fiscal year, an amount equal to 50 percent of the rental charges collected at the covered unit in the fiscal year; or
 (B)in the case of any other covered unit, an amount equal to 65 percent of the rental charges collected at the covered unit in a fiscal year.
 (3)AvailabilitySubject to paragraphs (4), (5), and (6), any amounts deposited in the Account under paragraph (2) shall remain available for expenditure, without further appropriation, until expended.
						(4)Local distribution of amounts in the account
 (A)In generalExcept as provided in subparagraph (B), 100 percent of the amounts deposited in the Account from a specific covered unit shall remain available for expenditure at the covered unit at which the rental charges were collected.
							(B)Reduction
 (i)In generalSubject to clause (ii), the Secretary may reduce the percentage of amounts available to a covered unit under subparagraph (A) if the Secretary determines that the rental charges collected at the covered unit exceed the reasonable needs of the covered unit for that fiscal year for authorized expenditures described in paragraph (5)(A).
 (ii)LimitationThe Secretary may not reduce the percentage of amounts available under clause (i)— (I)in the case of a covered unit described in paragraph (2)(A), to less than 35 percent of the amount of rental charges deposited in the Account from the covered unit in a fiscal year; or
 (II)in the case of any other covered unit, to less than 50 percent of the amount of rental charges deposited in the Account from the covered unit in a fiscal year.
									(C)Transfer to other covered units
 (i)DistributionIf the Secretary determines that the percentage of amounts otherwise available to a covered unit under subparagraph (A) should be reduced under subparagraph (B), the Secretary may transfer to other covered units, for allocation in accordance with clause (ii), the percentage of the amounts withheld from the covered unit under subparagraph (B), to be expended by the other covered units in accordance with paragraph (5).
 (ii)CriteriaIn determining the allocation of amounts to be transferred under clause (i) among other covered units, the Secretary shall consider—
 (I)the number of proposals for ski area improvements in the other covered units; (II)any backlog in ski area permit administration or the processing of ski area proposals in the other covered units; and
 (III)any need for services, training, staffing, or streamlining programs in the other covered units or the Region in which they are located that would improve the administration of the Forest Service Ski Area Program.
									(5)Authorized expenditures
 (A)In generalAmounts distributed from the Account to a covered unit under this subsection may be used for— (i)ski area special use permit administration and processing of proposals for ski area improvement projects in the covered unit, including staffing and contracting for such administration, process, or services through the unit or the Region;
 (ii)any expenses that the Forest Service would have otherwise applied to ski area permittees through cost recovery pursuant to part 251 of title 36, Code of Federal Regulations (or successor regulations);
 (iii)training programs on processing ski area applications, administering ski area permits, or ski area process streamlining in the covered unit or the Region in which the unit is located; and
 (iv)interpretation activities, visitor information, visitor services, and signage in the covered unit to enhance—
 (I)the ski area visitor experience on National Forest System land; and (II)avalanche information and education activities carried out by the Forest Service.
 (B)Other usesIf any amounts are still available in the Account after all ski area permit-related expenditures under subparagraph (A) are made, including amounts transferred to other covered units pursuant to paragraph (4)(C), such remaining amounts in the Account may be applied to permit administration for other (non-ski area) Forest Service recreation special use permits at the discretion of the Secretary. The Secretary shall first determine that all ski area-related permit administration, processing and interpretation needs have been met in all covered units and Regions before applying any remaining amounts in the Account to non-ski area uses.
 (C)LimitationAmounts in the Account may not be used for— (i)the conduct of wildfire suppression or preparedness activities;
 (ii)the conduct of biological monitoring on National Forest System land under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) for listed species or candidate species, except as required by law for environmental review of ski area projects;
 (iii)the acquisition of land for inclusion in the National Forest System; or (iv)Forest Service administrative sites.
								(6)Savings provisions
 (A)In generalNothing in this subsection affects the applicability of section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act) (16 U.S.C. 580d), to ski areas on National Forest System land.
 (B)Revenue allocation paymentsRental charges deposited in the Account under paragraph (2) shall be considered to be amounts received from the National Forest System for purposes of calculating amounts to be paid under—
 (i)the Secure Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C. 7101 et seq.); (ii)the sixth paragraph under the heading forest service in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500);
 (iii)section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500); and (iv)chapter 69 of title 31, United States Code.
 (C)Supplemental fundingRental charges retained and expended under this subsection shall supplement (and not supplant) appropriated funding for the operation and maintenance of each covered unit..
 (b)Effective dateThis section (including the amendments made by this section) shall take effect on the date that is 60 days after the date of enactment of this Act.
 (c)ImplementationThe Secretary of Agriculture shall not be required to issue regulations or policy guidance to implement this section (including the amendments made by this section).


116 HRES 546 EH: Disapproving the Russian Federation’s inclusion in future Group of Seven summits until it respects the territorial integrity of its neighbors and adheres to the standards of democratic societies.
U.S. House of Representatives
2019-12-03
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
116th CONGRESS
1st Session
H. RES. 546
In the House of Representatives, U. S.,

December 3, 2019

RESOLUTION
Disapproving the Russian Federation’s inclusion in future Group of Seven summits until it respects the territorial integrity of its neighbors and adheres to the standards of democratic societies.

Whereas, in 2014, Russia illegally occupied Ukraine’s Crimea region and parts of eastern Ukraine;  Whereas these actions are in direct violation of fundamental principles of international law, as well as the United Nations Charter, the Helsinki Final Act, and the 1994 Budapest Memorandum;
Whereas, in 1998, the Group of Seven invited Russia to join the group in an effort to encourage continued political and economic reforms in Russia;  Whereas, in March 2014, the Group of Eight suspended Russia as a direct result of its actions in Ukraine, and instead continued as the Group of Seven;
Whereas, on April 3, 2014, President Barack Obama signed into law the Support for the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014, which states that it is the policy of the United States that the continued participation of the Russian Federation in the Group of Eight (G–8) nations should be conditioned on the Government of the Russian Federation respecting the territorial integrity of its neighbors and accepting and adhering to the norms and standards of free, democratic societies as generally practiced by every other member nation of the G–8 nations.;  Whereas, since 2014, the President of Russia, Vladimir Putin, has continued to violate international law in Ukraine’s Crimea region and elsewhere, and has continued to undermine democracy and human rights both at home and abroad; and
Whereas, on August 26, 2019, President Donald Trump, announced his intention to invite the President of Russia to next year’s Group of Seven summit: Now, therefore, be it  That the House of Representatives—
(1)reiterates its unwavering support for the sovereignty and territorial integrity of Ukraine;  (2)condemns Russia’s aggressive actions in Ukraine, including the illegal occupation of Crimea and ongoing destabilization of eastern Ukraine;
(3)condemns the Kremlin’s assaults on democratic societies worldwide, including in the United States and other Group of Seven countries;  (4)reaffirms its full support for the suspension of Russia from the Group of Eight;
(5)calls on all leaders of the Group of Seven to oppose the readmission of Russia unless and until it has ended its occupation of all of Ukraine’s sovereign territory, including Crimea, and halts its attacks on democracies worldwide; and  (6)disapproves of Russia’s inclusion in future Group of Seven summits until it respects the territorial integrity of its neighbors and adheres to the standards of democratic societies.

Cheryl L. Johnson,Clerk.


115 S896 IS: To permanently reauthorize the Land and Water Conservation Fund.
U.S. Senate
2017-04-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 896IN THE SENATE OF THE UNITED STATESApril 7, 2017Mr. Burr (for himself, Mr. Bennet, Ms. Collins, Mr. Gardner, Mr. Daines, Mrs. Shaheen, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo permanently reauthorize the Land and Water Conservation Fund.

		1.Permanent reauthorization of Land and Water Conservation Fund
 (a)In generalSection 200302 of title 54, United States Code, is amended— (1)in subsection (b), in the matter preceding paragraph (1), by striking During the period ending September 30, 2018, there and inserting There; and
 (2)in subsection (c)(1), by striking through September 30, 2018. (b)Public accessSection 200306 of title 54, United States Code, is amended by adding at the end the following:

 (c)Public accessNot less than 1.5 percent of amounts made available for expenditure in any fiscal year under section 200303, or $10,000,000, whichever is greater, shall be used for projects that secure recreational public access to existing Federal public land for hunting, fishing, and other recreational purposes..


		II

		109th CONGRESS

		1st Session

		S. 992

		IN THE SENATE OF THE UNITED STATES

			May 10, 2005

			Mr. Harkin introduced

			 the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Tariff Act of 1930 to eliminate the

		  consumptive demand exception relating to the importation of goods made with

		  forced labor.

		1.Goods made with forced or

			 indentured labor

			(a)In

			 generalThe second sentence of section 307 of the

			 Tariff Act of 1930 (19 U.S.C. 1307)

			 is amended by striking ; but in no case and all that follows to

			 the end period.

			(b)Effective

			 dateThe amendment made by this section applies to goods entered,

			 or withdrawn from warehouse for consumption, on or after the date that is 15

			 days after the date of enactment of this Act.