115 HR 7127 IH: Native American Voting Rights Act of 2018
U.S. House of Representatives
2018-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7127IN THE HOUSE OF REPRESENTATIVESNovember 14, 2018Mr. Ben Ray Luján of New Mexico (for himself, Mr. Gallego, Ms. McCollum, Mr. O'Halleran, Mr. Huffman, Ms. Moore, Ms. Norton, Mrs. Torres, Mr. Soto, Mr. Blumenauer, Mr. Grijalva, and Mr. Ruiz) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo protect the voting rights of Native American and Alaska Native voters.

 1.Short titleThis Act may be cited as the Native American Voting Rights Act of 2018. 2.Findings and purposes (a)FindingsCongress finds the following:
 (1)The Constitution explicitly and implicitly grants Congress broad general powers to legislate on issues relating to Indian Tribes, powers consistently described as plenary and exclusive. These powers arise from the grant of authority in the Indian Commerce Clause and through legislative matters arising under the Treaty Clause.
 (2)The Federal Government is responsible for upholding the obligations that the Federal Government has agreed to through treaties, legislation, and Executive orders, referred to as the Federal trust responsibility toward Indian Tribes and their members.
 (3)The Supreme Court has repeatedly relied on the nature of this government to government relationship between the United States and sovereign Indian Tribes for congressional authority to enact legislation that singles out Indians for particular and special treatment. Morton v. Mancari, 417 U.S. 535, 554–555 (1974).
 (4)Legislation removing barriers to Native American voting is vital for the fulfillment of Congress’s unique obligation toward Indians, particularly ensuring that Native American voters are fully included as qualified members of the modern body politic. Board of County Comm’rs v. Seber, 318 U.S. 705, 715 (1943). (5)Under the Elections Clause of article I, section 4 of the Constitution, Congress has additional power to regulate any election conducted at least in part to select Members of Congress. Taken together, the Indian Commerce Clause and the Election Clause give Congress broad authority to enact legislation to safeguard the voting rights of Native American voters.
 (6)Despite Congress’s decision to grant Native Americans Federal citizenship, and with it the protections of the Fifteenth Amendment, with passage of the Act of June 2, 1924 (Public Law 68–233; 43 Stat. 253) (commonly known as the Indian Citizenship Act of 1924), States continued to deploy distinct methods for disenfranchising Indians by enacting statutes to exclude from voter rolls Indians living on reservations, requiring that Indians first terminate their relationship with their Indian Tribe, restricting the right to vote on account of a Tribal member’s guardianship status, and imposing literacy tests.
 (7)Barriers to voter access for Native Americans persist today, and such barriers range from obstructing voter access, to vote dilution and intentional malapportionment of electoral districts.
 (8)The Native American Voting Rights Coalition’s recent 9 field hearings in Indian Country and 4-State survey of voter discrimination revealed a number of additional obstacles that Native Americans must overcome in some States, including—
 (A)a lack of accessible registration and polling sites, either due to conditions such as geography, lack of paved roads, the absence of reliable and affordable broadband connectivity, and restrictions on the time and place that people can register and vote, and the manner in which people can register and vote, including unequal opportunities for absentee, early, mail-in, and in-person voting;
 (B)nontraditional addresses for residents on Indian reservations, which make voter registration, acquisition of mail-in ballots, and securing required identification difficult, if not impossible;
 (C)inadequate language assistance for Tribal members, including lack of outreach and publicity, the failure to provide complete, accurate, and uniform translations of all voting materials in the relevant Native language, and an insufficient number of trained bilingual poll workers; and
 (D)voter identification laws that discriminate against Native Americans. (9)The Department of Justice and courts have also recognized that some jurisdictions have been unresponsive to reasonable requests from federally recognized Indian Tribes for more accessible voter registration sites and in-person voting locations.
 (10)According to the National Congress of American Indians, there is a wide gap between the voter registration and turnout rates of eligible American Indians and Alaska Natives, and the voter registration and turnout rates of non-Hispanic White and other racial and ethnic groups.
 (11)Despite these obstacles, the Native American vote continues to play a significant role in national, State, and local elections.
 (12)In Alaska, New Mexico, Oklahoma, and South Dakota, Native Americans comprise approximately 10 percent or more of the voting population.
 (13)The Native American vote also holds great potential, with over 1,000,000 voters who are eligible to vote, but are not registered to vote.
 (b)PurposesThe purposes of this Act are— (1)to fulfill the Federal Government’s trust responsibility to protect and promote Native Americans’ exercise of their constitutionally guaranteed right to vote, including the right to register to vote and the ability to access all mechanisms for voting;
 (2)to establish preclearance procedures for a specific subset of State actions that have been used to restrict access to the polls on Indian lands;
 (3)to expand voter registration under the National Voter Registration Act of 1993 (52 U.S.C. 20506 et seq.) to cover all Federal facilities, at the request of the Indian tribe;
 (4)to afford equal treatment to forms of identification unique to Indian Tribes and their members; (5)to clarify the obligations of States and political subdivisions regarding the provision of translated voting materials for American Indians and Alaska Natives under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503);
 (6)to provide Tribal leaders with a direct pathway to request Federal election observers, and to allow public access to the reports of those election observers; and
 (7)to direct the Department of Justice to consult on an annual basis with Indian Tribes on issues related to voting.
 3.DefinitionsIn this Act: (1)IndianThe term Indian has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
 (2)Indian landsThe term Indian lands includes— (A)any Indian country of an Indian Tribe, as defined under section 1151 of title 18, United States Code;
 (B)any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602));
 (C)any land on which the seat of the Tribal Government is located; and (D)any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census.
 (3)Indian TribeThe term Indian Tribe has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4)Tribal GovernmentThe term Tribal Government means the recognized governing body of an Indian Tribe.
			4.Establishment of a Native American voting task force grant program
 (a)In generalThe Office for Civil Rights at the Office of Justice Programs of the Department of Justice (referred to in this section as the Office) shall establish and administer, in coordination with the Department of the Interior, a Native American voting task force grant program, through which the Office shall provide financial assistance to eligible applicants to enable those eligible applicants to establish and operate a Native American Voting Task Force in each State with a federally recognized Indian Tribe.
 (b)PurposeThe purpose of the Native American voting task force grant program is to— (1)increase voter outreach, education, registration, and turnout in Native American communities;
 (2)increase access to the ballot for Native American communities, including additional satellite, early voting, and absentee voting locations;
 (3)streamline and reduce inconsistencies in the voting process for Native Americans; (4)provide, in the community’s dominant language, educational materials and classes on Indian lands about candidacy filing;
 (5)train and educate State and local employees, including poll workers, about— (A)the language assistance and voter assistance requirements under sections 203 and 208 of the Voting Rights Act of 1965 (52 U.S.C. 10503; 10508); and
 (B)voter identification laws under section 8 of this Act; (6)identify model programs and best practices for providing language assistance to Native American communities;
 (7)provide non-partisan poll watchers on election day in Native American communities; (8)participate in and evaluate future redistricting efforts;
 (9)address issues of internet connectivity as it relates to voter registration and ballot access in Native American communities; and
 (10)facilitate collaboration between local election officials, Native American communities, and Tribal elections offices.
 (c)Eligible applicantThe term eligible applicant means— (1)an Indian Tribe;
 (2)a Secretary of State of a State, or another official of a State entity responsible for overseeing elections;
 (3)a nonprofit organization that works, in whole or in part, on voting issues; or (4)a consortium of one or more of the entities described in paragraphs (1) through (3).
				(d)Application and selection process
 (1)In GeneralThe Office, in coordination with the Department of the Interior and following consultation with Indian Tribes about the implementation of the Native American voting task force grant program, shall establish guidelines for the process by which eligible applicants will submit applications.
 (2)ApplicationsEach eligible applicant desiring a grant under this section shall submit an application, according to the process established under paragraph (1), and at such time, in such manner, and containing such information as the Attorney General may require. Such application shall include—
 (A)a certification that the applicant is an eligible applicant; (B)a proposed work plan addressing how the eligible applicant will establish and administer a Native American Voting Task Force that achieves the purposes described in subsection (b);
 (C)if the eligible applicant is a consortium as described in subsection (c)(4), a description of the proposed division of responsibilities between the participating entities; and
 (D)an explanation of the time period that the proposed Native American Voting Task Force will cover, which shall be a time period that is not more than 3 years.
 (e)Uses of fundsA grantee receiving funds under this section shall use such funds to carry out one or more of the activities described in subsection (b), through the grantee's Native American Voting Task Force.
 (f)Relationship with other lawsNothing in this section reduces State or local obligations provided for by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or regulation related to voting or the electoral process.
 (g)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2019 through 2034.
 5.Tribal designated voter registration sitesSection 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is amended— (1)in paragraph (2)—
 (A)in subparagraph (A), by striking and after the semicolon; (B)in subparagraph (B), by striking the period at the end and inserting a semicolon; and
 (C)by adding at the end the following:  (C)at the request of an Indian Tribe, any Federal facility or federally funded facility that is primarily engaged in providing services to Indian Tribes and that provides such services to the requesting Indian Tribe; and
 (D)at the request of an Indian Tribe, not less than one Federal facility or federally funded facility that is located on the Indian lands of the requesting Indian Tribe (which may be the Federal facility or federally funded facility described in subparagraph (C)).; and
 (2)by adding at the end the following:  (8)Where practicable, each Federal agency that operates a Federal facility or a federally funded facility that is subject to the provisions of paragraph (2) (C) or (D), shall designate one or more special days at a centralized location within the boundaries of the Indian lands of each applicable Indian Tribe for the purpose of informing members of the Indian Tribe of the timing, registration requirements, and voting procedures in elections for Federal office, at no cost to the Indian Tribe..
			6.Accessible tribal designated polling sites
			(a)In General
 (1)Designation of state officerEach of the several States whose territory contains all or part of an Indian Tribe’s Indian lands shall designate for each Indian Tribe an officer within that State who will be responsible for compliance with the provisions of section. The State shall provide written notice to each such Indian Tribe of the officer so designated.
 (2)Provision of polling placesFor each Indian Tribe that satisfies the obligations of subsection (c), and for each election for a Federal official that is held 180 days or later after the date on which the Indian Tribe initially satisfies such obligations, any State or political subdivision whose territory contains all or part of an Indian Tribe’s Indian lands—
 (A)shall provide a minimum of one polling place for each precinct in which there are eligible voters who reside on Indian lands, in a location selected by the Indian Tribe and at no cost to the Indian Tribe;
 (B)shall provide, at no cost to the Indian Tribe, additional polling places in locations selected by an Indian Tribe if, based on the totality of circumstances described in subsection (b), it is shown that not providing those additional polling places would result in members of the Indian Tribe and individuals residing on the Indian Tribe’s Indian lands having less opportunity to vote than eligible voters in that State or political subdivision who are not members of an Indian Tribe and do not reside on Indian lands;
 (C)shall, at each polling place located on Indian lands and at no cost to the Indian Tribe, make voting machines, tabulation machines, ballots, provisional ballots, and other voting materials available to the same extent that such equipment and materials are made available at other polling places in the State or political subdivision that are not located on Indian lands;
 (D)shall, at each polling place located on Indian lands, conduct the election using the same voting procedures that are used at other polling places in the State or political subdivision that are not located on Indian lands;
 (E)shall, at each polling place located on Indian lands, provide training, compensation, and other benefits to election officials and poll workers at no cost to the Indian Tribe and to the same extent that such training, compensation, and benefits are provided to election officials and poll workers at other polling places in the State or political subdivision that are not located on Indian lands;
 (F)shall cooperate in good faith with the efforts of the Indian Tribe to satisfy the requirements of subsection (c); and
 (G)may fulfill the State’s obligations under subparagraphs (A) and (B) by relocating existing polling places, by creating new polling places, or both.
 (b)Equitable opportunities To voteWhen assessing the opportunities to vote provided to members of an Indian tribe and to other eligible voters in the State residing on Indian lands in order to determine the number of additional polling places (if any) that a State or political subdivision must provide in accordance with subsection (a)(2)(B), the State, political subdivision, and any court applying this section, shall consider the totality of circumstances of—
 (1)the number of voting-age citizens assigned to each polling place; (2)the distances that voters must travel to reach the polling places;
 (3)the time that voters must spend traveling to reach the polling places, including under inclement weather conditions;
 (4)the modes of transportation, if any, that are available to voters to use to reach the polling places;
 (5)the existence of and access to public transportation to the polling places; and (6)any other factor relevant to effectuating the purposes of this Act.
				(c)Obligations of the Indian Tribe
 (1)In GeneralThe State and political subdivision obligations under subsection (a)(2) shall apply with respect to an Indian Tribe only if that Indian Tribe files a standing request with the officer designated under subsection (a)(1) for a polling place or polling places for future elections, pursuant to subsection (a)(2)(A), or subsection (a)(2)(B) (if applicable), which—
 (A)specifies the number and locations of such polling places that the Indian Tribe is requesting; (B)certifies that the Indian Tribe has arranged access to the facilities in which such polling places will be located, and that such access is in accordance with Federal and State law;
 (C)certifies that the Indian Tribe will ensure that each such polling place will be open and available to all eligible voters who reside in the precinct or other geographic area assigned to such polling place, regardless of whether such eligible voters are members of the Indian Tribe or of any other Indian Tribe; and
 (D)requests that the State shall designate election officials and poll workers to staff such polling places, or certifies that the Indian Tribe will designate election officials and poll workers to staff such polling places on every day that the polling places will be open.
 (2)Opt outAt any time that is 60 days or more before the date of an election, an Indian Tribe that previously has satisfied the obligations of paragraph (1) may notify the State that the Indian Tribe intends to opt out of the standing request for one or more polling places that were requested in accordance with subsection (a)(2)(A) or subsection (a)(2)(B) for a particular election or for all future elections.
 (d)Federal polling sitesAt an Indian Tribe’s request, each State shall designate as voter polling facilities any of the facilities identified in accordance with section 7(a)(2) (C) or (D) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(2)), at no cost to the Indian Tribe, provided that the facility meets the requirements of Federal and State law as applied to other polling places within the State or political subdivision. The applicable agency of the Federal Government shall ensure that such designated facilities are made available as polling places.
 (e)Mail-In ballotingIn States or political subdivisions that permit absentee or mail-in balloting, the following shall apply with respect to an election for Federal office:
 (1)All postage shall be prepaid by the Federal Government and each ballot postmarked the day the ballot is received at a postal facility located on Indian lands.
 (2)An Indian Tribe may designate a Tribal Government building as a ballot pickup and collection location at no cost to the Indian Tribe. The applicable State or political subdivision shall collect ballots from that location.
 (3)The State or political subdivision shall provide mail-in and absentee ballots to each registered voter residing on Indian lands in the State or political subdivision without requiring a residential address, a mail-in or absentee ballot request, or an excuse for a mail-in or absentee ballot.
 (4)The address of a designated Tribal Government building that is a ballot pickup and collection location under paragraph (2) may serve as the address and mailing address for voters living on Indian lands if the designated Tribal Government building is in the same precinct as that voter. If such designated Tribal Government building is not in the same precinct as the voter, the voter may use the designated Tribal Government building as a mailing address and may separately designate the voter's appropriate precinct through a description of the voter's address, as specified in section 9428.4(a)(2) of title 11, Code of Federal Regulations.
 (5)In the case of a State or political subdivision that is a covered State or political subdivision under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), that State or political subdivision shall provide absentee or mail-in voting materials in the language of the applicable minority group as well as in the English language, bilingual election voting assistance, and written translations of all voting materials in the language of the applicable minority group, as required by section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503), as amended by this Act.
 (f)Early votingIn a State or political subdivision that provides for early voting, that State or political subdivision shall provide not less than one early voting location on Indian lands, upon the request of the applicable Indian Tribe and at a site selected by the applicable Indian Tribe.
			(g)Enforcement
 (1)Attorney generalThe Attorney General may bring a civil action in an appropriate district court for such declaratory or injunctive relief as is necessary to carry out this section.
				(2)Private right of action
 (A)A person or Tribal Government who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved.
 (B)An aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to a violation of this section, if—
 (i)that person or Tribal Government provides the notice described in subparagraph (A); and (ii) (I)in the case of a violation that occurs more than 120 days before the date of an election for Federal office, the violation remains and 90 days or more have passed since the date on which the chief election official of the State receives the notice under subparagraph (A); or
 (II)in the case of a violation that occurs 120 days or less before the date of an election for Federal office, the violation remains and 20 days or more have passed since the date on which the chief election official of the State receives the notice under subparagraph (A).
 (C)In the case of a violation of this section that occurs 30 days or less before the date of an election for Federal office, an aggrieved person or Tribal Government may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation without providing notice to the chief election official of the State under subparagraph (A).
 (3)Rule of constructionNothing in this section shall be construed to prevent a State or political subdivision from providing additional polling places on Indian lands if no request was made by an Indian Tribe under this section.
				7.Tribal preclearance
 (a)Actions requiring preclearanceNo State or political subdivision may carry out any of the following activities unless the requirements of subsection (b) have been met:
 (1)Eliminating the only polling place or voter registration site on the Indian lands of an Indian Tribe.
 (2)Moving or consolidating a polling place or voter registration site on the Indian lands of an Indian Tribe to a location 1 mile or further from the existing location of the polling place or voter registration site.
 (3)Moving or consolidating a polling place on the Indian lands of an Indian Tribe to a location across a river, lake, mountain, or other natural boundary such that it makes travel difficult for a voter, regardless of distance.
 (4)Eliminating in-person voting on the Indian lands of an Indian Tribe by designating an Indian reservation as a permanent absentee voting location, unless—
 (A)the entire State is or becomes a permanent absentee voting State; or (B)the Indian Tribe requests such a designation.
 (5)Removing an early voting location or otherwise diminishing early voting opportunities on Indian lands.
 (6)Decreasing the number of days or hours that an in-person or early voting location is open on the Indian lands of an Indian Tribe or changing the dates of in-person or early voting on the Indian lands of an Indian Tribe.
				(b)Preclearance
 (1)In generalThe requirements of this subsection have been met if— (A)the impacted Tribal Government submits to the Attorney General the Tribal Government's written consent to the proposed activity described in subsection (a);
 (B)the State or political subdivision institutes an action in the United States District Court for the District of Columbia for a declaratory judgment, and a declaratory judgment is issued, establishing that the specified activity described in subsection (a) that the State or political subdivision desires to carry out neither has the purpose nor will have the effect of denying or abridging the right to vote on account of race or color, or membership in a language minority group; or
 (C)the chief legal officer or other appropriate official of such State or political subdivision submits a request to carry out the specified activity described in subsection (a) to the Attorney General and the Attorney General has not interposed an objection within 60 days after such submission, or upon good cause shown, to facilitate an expedited approval within 60 days after such submission, the Attorney General has affirmatively indicated that such objection will not be made.
 (2)No limitation on future actionsNeither an affirmative indication by the Attorney General that no objection will be made, nor the Attorney General’s failure to object, nor a declaratory judgment entered under this section, nor a written consent issued under paragraph (1)(A) shall bar a subsequent action to enjoin enforcement of an activity described in subsection (a). In the event the Attorney General affirmatively indicates that no objection will be made within the 60-day period following receipt of a submission, the Attorney General may reserve the right to reexamine the submission if additional information comes to the Attorney General’s attention during the remainder of the 60-day period which would otherwise require objection in accordance with this section. Any action under this section shall be heard and determined by a court of 3 judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court.
				8.Tribal voter identification
 (a)Tribal government identificationIf a State or political subdivision requires an individual to present identification for the purposes of voting or registering to vote in an election for Federal office, an identification card issued by a federally recognized Tribal Government, the Bureau of Indian Affairs, the Indian Health Service, or any other Tribal or Federal agency issuing identification cards to Indian voters shall be treated as a valid form of identification for such purposes.
 (b)Validity of tribal identification cardAn individual shall not be required to show that a Tribal identification card includes a residential address or an expiration date in order for such Tribal identification card to be considered valid for purposes of voting or registering to vote. The voter may instead separately designate the voter's appropriate voting precinct through a description of the voter's address that conforms with the regulations for national mail voter registration forms, as established under section 9428.4(a)(2) of title 11, Code of Federal Regulations.
 (c)Online registrationIf a State or political subdivision requires an identification card for an individual to register to vote online or to vote online, that State or political subdivision shall consider an identification card as described in subsection (a) to be a valid form of identification for the purpose of registering to vote online or voting online.
 9.Bilingual election requirementsSection 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) is amended— (1)in subsection (b)(3)(C), by striking 1990 and inserting 2010; and
 (2)by striking subsection (c) and inserting the following:  (c)Provision of voting materials in the language of a minority group (1)In GeneralWhenever any State or political subdivision subject to the prohibition of subsection (b) of this section provides any registration or voting notices, forms, instructions, assistance, or other materials or information relating to the electoral process, including ballots, it shall provide them in the language of the applicable minority group as well as in the English language.
						(2)Exceptions
							(A)In General
 (i)In the case of a minority group that is not American Indian or Alaska Native and the language of that minority group is oral or unwritten, the State or political subdivision shall only be required to furnish, in the covered language, oral instructions, assistance, translation of voting materials, or other information relating to registration and voting.
 (ii)In the case of a minority group that is American Indian or Alaska Native, the State or political subdivision shall only be required to furnish in the covered language oral instructions, assistance, or other information relating to registration and voting, including all voting materials, if the Tribal Government of that minority group has certified that the language of the applicable American Indian or Alaska Native language is presently unwritten or the Tribal Government does not want written translations in the minority language.
 (3)Written translations for election workersNotwithstanding paragraph (2), the State or political division may be required to provide written translations of voting materials, with the consent of any applicable Indian Tribe, to election workers to ensure that the translations from English to the language of a minority group are complete, accurate, and uniform..
			10.Federal observers to protect tribal voting rights
 (a)Amendment to the Voting Rights Act of 1965Section 8(a) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)) is amended— (1)in paragraph (1), by striking or after the semicolon;
 (2)in paragraph (2)(B), by adding or after the semicolon; and (3)by inserting after paragraph (2) the following:

 (3)the Attorney General has received a written complaint from an Indian Tribe that efforts to deny or abridge the right to vote under the color of law on account of race or color, or in contravention of the guarantees set forth in section 4(f)(2), are likely to occur;.
 (b)Publicly available reportsThe Attorney General shall make publicly available the reports of a Federal election observer appointed pursuant to section (8)(a)(3) of the Voting Rights Act of 1965 (52 U.S.C. 10305(a)(3)), as added by subsection (a), not later than 6 months after the date that such reports are submitted to the Attorney General, except that any personally identifiable information relating to a voter or the substance of the voter’s ballot shall not be made public.
 11.Tribal voting consultationThe Attorney General shall consult annually with Indian Tribes regarding issues related to voting in elections for Federal office.
 12.Attorneys’ fees, expert fees, litigation expensesIn a civil action under this Act, the court shall award the prevailing party, other than the United States, reasonable attorney fees, including litigation expenses, reasonable expert fees, and costs.
		13.Severability; Relationship to other laws
 (a)SeverabilityIf any provision of this Act, or the application of such a provision to any person, entity, or circumstance, is held to be invalid, the remaining provisions of this Act and the application of all provisions of this Act to any other person, entity, or circumstance shall not be affected by the invalidity.
 (b)Relationship to other lawsNothing in this Act shall invalidate, or limit the rights, remedies, or procedures available under, or supersede, restrict, or limit the application of, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.), the Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.), or any other Federal law or regulation related to voting or the electoral process.
 14.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this Act.


116 HR 3804 IH: Athletics Fair Pay Act of 2019
U.S. House of Representatives
2019-07-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3804IN THE HOUSE OF REPRESENTATIVESJuly 17, 2019Ms. Frankel (for herself, Ms. Haaland, and Ms. Castor of Florida) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend chapter 2205 of title 36, United States Code, to ensure pay equity for amateur athletes,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Athletics Fair Pay Act of 2019. 2.Pay equity for amateur athletes (a)Equitable compensationSection 220524(6) of title 36, United States Code, is amended by inserting , wages and other compensation, after support.
			(b)Reports on pay equity
 (1)In generalSubchapter II of chapter 2205 of such title is amended by adding at the end the following:  220530A.Reports on pay equity (a)In generalEach national governing body shall submit to Congress a report on the compensation of amateur athletes in the sport governed by the national governing body for—
 (1)each of the two consecutive calendar years ending immediately before the date of the enactment of this section; and
 (2)each calendar year beginning after the date of the enactment of this section. (b)Matters To be includedEach report required by subsection (a) shall include, with respect to the applicable sport, for the calendar year covered by the report—
 (1)the median compensation for amateur athletes, disaggregated by race and gender; and (2)the minimum and maximum compensation paid to amateur athletes, disaggregated by race and gender..
 (2)Conforming amendmentThe table of sections for chapter 2205 of title 36, United States Code, is amended by adding at the end the following:

							Sec. 220530A. Reports on pay equity..
 (c)Retroactive effective dateThe amendment made by subsection (a) shall take effect on the date that is 2 years before the date of the enactment of this Act.
 (d)SeverabilityIf any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected.


110 HR 133 IH: Citizenship Reform Act of

U.S. House of Representatives
2007-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 133
		IN THE HOUSE OF REPRESENTATIVES

			January 4, 2007
			Mr. Gallegly
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend the Immigration and Nationality Act to deny
		  citizenship at birth to children born in the United States of parents who are
		  not citizens or permanent resident aliens.

		1.Short titleThis Act may be cited as the
			 Citizenship Reform Act of
			 2007.
		2.PurposeIt is the purpose of this Act to deny
			 automatic citizenship at birth to children born in the United States to parents
			 who are not citizens or permanent resident aliens.
		3.Denying
			 citizenship at birth for children of non-citizen, non-permanent resident
			 aliens
			(a)In
			 GeneralSection 101 of the Immigration and Nationality Act (8 U.S.C. 1101)
			 is amended by inserting after subsection (c) the following new
			 subsection:

					(d)For purposes of
				section 301(a), a person born in the United States shall be considered as
				subject to the jurisdiction of the United States if—
						(1)the child was born
				in wedlock in the United States to a parent who is—
							(A)a citizen or
				national of the United States; or
							(B)an alien lawfully
				admitted for permanent residence in the United States who maintains his or her
				residence (as defined in subsection (a)(33)) in the United States; or
							(2)the child was born
				out of wedlock in the United States—
							(A)to a mother who
				is—
								(i)a
				citizen or national of the United States; or
								(ii)an alien lawfully admitted for permanent
				residence in the United States who maintains her residence (as defined in
				subsection (a)(33)) in the United States; or
								(B)to a father who is a citizen or national of
				the United States, or an alien lawfully admitted for permanent residence in the
				United States who maintains his residence (as defined in subsection (a)(33)) in
				the United States, but only if—
								(i)a blood relationship between the father and
				the child is established by clear and convincing evidence;
								(ii)the father had the nationality of the
				United States or was a permanent resident of the United States at the time of
				the child's birth;
								(iii)the father (unless deceased) has agreed in
				writing to provide financial support for the child until the child reaches18
				years of age; and
								(iv)while the child is under 18 years of
				age—
									(I)the father acknowledges paternity of the
				child in writing under oath; or
									(II)the paternity of the child is established
				by adjudication of a competent court.
									For
				purposes of this subsection, a child is considered to be born in
				wedlock only if both parents are married to each other and parents are
				not considered to be married if such marriage is only a common law
				marriage..
			(b)Conforming
			 AmendmentSection 301 of such Act (8 U.S.C. 1401) is amended by
			 inserting (as defined in section 101(d)) after subject to
			 the jurisdiction thereof.
			(c)Effective
			 DateThe amendments made by this section shall apply to aliens
			 born on or after the date of the enactment of this Act.


		IV
		111th CONGRESS
		2d Session
		H. RES. 1458
		IN THE HOUSE OF REPRESENTATIVES

			June 22, 2010
			Mrs. Christensen
			 submitted the following resolution; which was referred to the
			 Committee on Natural
			 Resources

		RESOLUTION
		Expressing support for the goals and ideals
		  of National Marine Awareness Day.

		Whereas the ocean covers 71 percent of the Earth’s surface
			 and contains 97 percent of the planet’s water;
		Whereas the marine environment supports the life of nearly
			 50 percent of all species on Earth and helps sustain that life by providing 20
			 percent of the animal protein and five percent of the total protein in the
			 human diet;
		Whereas coastal habitats account for approximately
			 1/3 of all marine biological productivity, estuarine
			 ecosystems are among the most productive regions on the planet, and coral reefs
			 shelter the highest levels of marine diversity in the world;
		Whereas coral reef ecosystems are a source of food for
			 millions of people; protect coastlines from storms and erosion; provide habitat
			 and spawning and nursery grounds for economically important fish species;
			 provide jobs and income to local economies from fishing, recreation, and
			 tourism; are a source of new medicines; and are hotspots of marine
			 biodiversity;
		Whereas it is difficult to put a dollar value on some of
			 the benefits the world’s marine ecosystems provide, but a recent estimate
			 states that the total net benefit of coral reef ecosystems alone to be
			 $30,000,000,000 per year;
		Whereas one of every six jobs in the United States is
			 marine-related and over one-third of the United States gross national product
			 originates in coastal areas;
		Whereas 80 percent of the United States Virgin Islands’
			 gross domestic product and employment are based on marine-related
			 tourism;
		Whereas the economy and cultural heritage of American
			 Samoa, the Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and
			 coastal states across the continental United States are significantly reliant
			 on the tremendous ecosystem services that the ocean provides;
		Whereas human-dominated marine ecosystems are experiencing
			 accelerating loss of populations and species with largely unknown consequences,
			 overall rates of resource collapse have increased, and recovery potential,
			 stability, and water quality have decreased exponentially with declining
			 diversity;
		Whereas the ocean has absorbed a significant portion of
			 all carbon dioxide emissions, causing unprecedented changes to ocean chemistry
			 affecting marine organisms that use carbonate to build shells or
			 skeletons;
		Whereas large quantities of human-generated trash enters
			 the marine environment as marine debris and causes a decrease in water quality,
			 death and morbidity for marine mammals, depletion of valuable fisheries, and
			 decreased tourism revenue;
		Whereas human-induced pressures such as pollution,
			 degradation of water quality, harmful fishing practices, and a changing climate
			 are adversely affecting our precious marine resources;
		Whereas coral reefs, seabirds, marine mammals, fisheries,
			 and tourism will be severely impacted by the Deepwater Horizon oil
			 spill;
		Whereas marine biodiversity loss is increasingly impairing
			 the ocean’s capacity to function effectively as a system, or to provide food,
			 maintain water quality, and recover from perturbations, yet available data
			 suggest that at this point these trends are still reversible and the
			 restoration of marine ecosystem biodiversity has shown to increase system
			 productivity by fourfold;
		Whereas the United States has had a longstanding
			 commitment to the preservation and conservation of the marine environment, as
			 demonstrated through the passage and implementation of numerous laws including
			 the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), the Coastal
			 Zone Management Act of 1972 (16 U.S.C. 1451 et seq.), the Endangered Species
			 Act of 1973 (16 U.S.C. 1531 et seq.), the Magnuson-Stevens Fishery Conservation
			 and Management Act (16 U.S.C. 1801 et seq.), the Coral Reef Conservation Act of
			 2000 (16 U.S.C. 6401 et seq.), and other statutes; and
		Whereas the Thursday of the second full week of June of
			 each year is the appropriate day for designation as National Marine Awareness
			 Day: Now, therefore, be it

		That the House of Representatives—
			(1)celebrates the
			 diversity of marine fisheries and wildlife and the natural beauty and
			 biological richness that marine ecosystems provide;
			(2)supports the goals
			 and ideals of National Marine Awareness Day; and
			(3)calls upon the
			 people of the United States to observe such a day with appropriate ceremonies,
			 programs, and activities.


115 S1400 IS: Safeguard Tribal Objects of Patrimony Act of 2017
U.S. Senate
2017-06-21
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. 1400IN THE SENATE OF THE UNITED STATESJune 21, 2017Mr. Heinrich (for himself, Mr. Flake, Mr. Udall, Mr. McCain, Mr. Schatz, Mr. Daines, Mr. Tester, and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo amend title 18, United States Code, to enhance protections of Native American tangible cultural
			 heritage, and for other purposes.

 1.Short titleThis Act may be cited as the Safeguard Tribal Objects of Patrimony Act of 2017. 2.Enhanced protections for Native American cultural heritage (a)Enhanced penaltiesSection 1170 of title 18, United States Code, is amended by striking 5 years each place it appears and inserting 10 years.
 (b)Prohibition of exporting Native American cultural heritageChapter 53 of title 18, United States Code, is amended by adding at the end the following:  1171.Illegal exportation of Native American cultural heritage (a)DefinitionsIn this section:
 (1)Archaeological resourceThe term archaeological resource has the meaning given the term in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb).
 (2)Cultural itemThe term cultural item has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
 (3)Native AmericanThe term Native American has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
 (b)ProhibitionIt shall be unlawful for any person to knowingly export or otherwise transport from the United States any—
 (1)Native American cultural item that was obtained in violation of section 1170 of this title or section 3(c) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3002(c));
 (2)Native American archaeological resource that was obtained in violation of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); or
 (3)Native American object of antiquity that was obtained in violation of section 1866(b) of this title.
 (c)PenaltyAny person who violates subsection (b) shall— (1)in the case of a first violation under this section, be fined under this title, imprisoned for not more than 1 year, or both; and
 (2)in the case of a second or subsequent violation under this section, be fined under this title, imprisoned for not more than 10 years, or both..
 (c)RegulationsThe Attorney General and Secretary of Homeland Security, in consultation with the Secretary of the Interior, shall prescribe such rules and regulations as are necessary and appropriate to carry out the amendments made by this section.
 (d)Technical and conforming amendmentThe table of sections for chapter 53 of title 18, United States Code, is amended by adding at the end the following:
				1171. Illegal exportation of Native American cultural heritage..
 3.DefinitionsIn this Act: (1)Indian tribeThe term Indian tribe has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
 (2)Native AmericanThe term Native American has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
 (3)Native Hawaiian organizationThe term Native Hawaiian organization has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001).
 (4)SecretaryThe term Secretary means the Secretary of the Interior. (5)Tangible cultural heritageThe term tangible cultural heritage means—
 (A)Native American human remains; or (B)culturally, historically, or archaeologically significant objects, resources, patrimony, or other items that are affiliated with a Native American culture.
				4.Voluntary return of tangible cultural heritage
 (a)PolicyIt shall be the policy of the United States to encourage the voluntary return of tangible cultural heritage to Indian tribes and Native Hawaiian organizations by collectors, dealers, and other individuals and non-Federal organizations that hold such heritage.
 (b)LiaisonThe Secretary and the Secretary of State shall each designate a liaison to facilitate the voluntary return of tangible cultural heritage.
 (c)Trainings and workshopsThe individuals listed in subsection (b) shall hold trainings and workshops for representatives of Indian tribes and Native Hawaiian organizations and collectors, dealers, and other individuals and non-Federal organizations regarding the voluntary return of tangible cultural heritage.
			(d)Referrals
 (1)In generalThe Secretary shall refer individuals and organizations to one or more Indian tribes or Native Hawaiian organizations with a likely cultural affiliation to tangible cultural heritage for the purpose of facilitating the voluntary return of tangible cultural heritage.
 (2)Referral representativesThe Secretary shall compile a list of representatives from each Indian tribe and Native Hawaiian organization for purposes of referral under paragraph (1).
 (3)ConsultationThe Secretary shall consult with Indian tribes and Native Hawaiian organizations that possess unique expertise in their cultural heritage before making a referral under paragraph (1).
 (4)Third-party expertsThe Secretary may utilize knowledgeable experts from regional academic institutions and museums to aid in making determinations regarding to which Indian tribe or Native Hawaiian organization an individual or organization should be referred under paragraph (1).
				5.Tribal working group
 (a)In generalThe Secretary shall convene a tribal working group consisting of representatives of Indian tribes and Native Hawaiian organizations to advise the Federal Government.
 (b)RecommendationsThe tribal working group convened under subsection (a) may provide recommendations regarding— (1)the return of tangible cultural heritage by collectors, dealers, and other individuals and non-Federal organizations that hold such tangible cultural heritage;
 (2)the elimination of illegal commerce in tangible cultural heritage in the United States and foreign markets; and
 (3)the repatriation to Indian tribes and Native Hawaiian organizations of tangible cultural heritage that have been illegally removed or trafficked in violation of Federal law.
				(c)Agency and committee assistance
 (1)In generalThe agencies and committees described in paragraph (2) shall provide information and assistance to the tribal working group convened under subsection (a) upon request by the tribal working group.
 (2)Agencies and committeesThe agencies and committees described in this paragraph are the following: (A)The Department of the Interior.
 (B)The Department of Justice. (C)The Department of Homeland Security.
 (D)The Department of State. (E)The Native American Graves Protection and Repatriation Review Committee established under section 8 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3006).
 (F)The Cultural Property Advisory Committee established under section 306 of the Convention on Cultural Property Implementation Act (19 U.S.C. 2605).
 (G)Any other relevant Federal agency.


110 HRES 788 EH: Electing a Member to certain standing

U.S. House of Representatives
2007-11-01
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
		1st Session
		H. RES. 788
		In the House of Representatives, U.
		  S.,

			November 1, 2007

		RESOLUTION
		Electing a Member to certain standing
		  committees of the House of Representatives.

		That the following named Member be, and is
			 hereby, elected to the following standing committees of the House of
			 Representatives:
			Committee on Armed
			 Services:Ms. Tsongas (to rank immediately after Ms.
			 Giffords).
			Committee on the
			 Budget:Ms. Tsongas (to rank immediately after Mr.
			 McGovern).

			Lorraine C. Miller,
			Clerk.


117 HR 1880 IH: To amend the Deficit Reduction Act of 2005 to make permanent the Money Follows the Person Rebalancing Demonstration.
U.S. House of Representatives
2021-03-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1880IN THE HOUSE OF REPRESENTATIVESMarch 12, 2021Mrs. Dingell introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Deficit Reduction Act of 2005 to make permanent the Money Follows the Person Rebalancing Demonstration.1.Permanent extension of Money Follows the Person Rebalancing demonstration(a)In generalSection 6071(h) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended—(1)in paragraph (1)—(A)in subparagraph (I), by inserting and after the semicolon;(B)by amending subparagraph (J) to read as follows:(G)$450,000,000 for each fiscal year after fiscal year 2021.; and(C)by striking subparagraph (K); and(2)in paragraph (2), by striking September 30, 2023 and inserting September 30 of such fiscal year.(b)Redistribution of unexpended grant awardsSection 6701(e)(2) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at the end the following new sentence: Any portion of a State grant award for a fiscal year under this section that is unexpended by the State at the end of the fourth succeeding fiscal year shall be rescinded by the Secretary and added to the appropriation for the fifth succeeding fiscal year..


113 HR 5575 IH: Peaceful Learning Act of 2014
U.S. House of Representatives
2014-09-18
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.

		I
		113th CONGRESS
		2d Session
		H. R. 5575
		IN THE HOUSE OF REPRESENTATIVES

			September 18, 2014
			Mr. Crowley (for himself, Mr. Rangel, Mr. Meeks, and Mr. Nadler) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

		A BILL
		To direct the Secretary of Transportation to establish a program to provide grants to carry out
			 projects to reduce railway noise levels that adversely impact schools
			 located in urbanized areas, and for other purposes.

		1.Short titleThis Act may be cited as the Peaceful Learning Act of 2014.
		2.Definitions
			(a)In generalExcept as otherwise specifically provided, in this Act the definitions in section 5302 of title 49,
			 United States Code, shall apply.
			(b)Additional definitionsIn this Act, the following additional definitions apply:
				(1)Local educational agencyThe term local educational agency has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 7801).
				(2)Rail operatorThe term rail operator means an owner or operator of a fixed rail public transportation facility.
				(3)Railway noiseThe term railway noise means noise caused by a fixed rail public transportation facility.
				(4)SchoolThe term school means an elementary school or a secondary school (as those terms are defined in section 9101 of
			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)).
				3.Railway noise study
			(a)In GeneralThe Secretary of Transportation shall enter into an agreement with the National Academy of Sciences
			 to conduct a study on railway noise in the United States.
			(b)Contents of StudyIn conducting the study, the National Academy of Sciences shall examine—
				(1)the threshold of railway noise at which health begins to be affected;
				(2)the effectiveness of noise abatement programs for railway noise on the property of a school;
				(3)the impacts of railway noise on schools; and
				(4)the noise assessment practices of the Department of Transportation and whether such practices
			 fairly and accurately reflect the burden of noise on communities.
				(c)ReportNot later than 12 months after the date of the agreement entered into under subsection (a), the
			 National Academy of Sciences shall transmit to the Secretary a report on
			 the results of the study. Upon receipt of the report, the Secretary shall
			 transmit a copy of the report to the appropriate committees of Congress.
			4.Noise measurement and exposure systems
			Not later than 12 months after the date of submission of the report under section 3, in
			 consultation with the Administrator of the Environmental Protection Agency
			 and Government, State, and interstate agencies that the Secretary of
			 Transportation considers appropriate, the Secretary shall by regulation—
			(1)establish a single system of measuring railway noise that—
				(A)has a highly reliable relationship between projected railway noise exposure and surveyed reactions
			 of individuals to noise; and
				(B)is applied uniformly in measuring railway noise near urbanized areas;
				(2)establish a single system for determining the exposure of individuals to railway noise in urbanized
			 areas, including noise intensity, duration, frequency, and time of
			 occurrence; and
			(3)based on the findings of the report required under section 3, determine minimum standards for
			 railway noise levels on the property of a school located in an urbanized
			 area.
			5.Noise exposure maps
			(a)Submission and PreparationNot later than 12 months after the date of issuance of regulations under section 4, each rail
			 operator shall submit to the Secretary of Transportation a noise exposure
			 map showing any areas of nonconforming railway noise levels (based on the
			 standards developed under section 4) that—
				(1)adversely impact a school located in an urbanized area; and
				(2)are caused by operations of the rail operator.
				(b)Revised MapsIf a change in the rail operations of a rail operator described in subsection (a) establishes a
			 substantial new nonconforming noise level on the property of a school
			 located in an urbanized area, or significantly reduces nonconforming noise
			 levels on the property of such a school, that is not reflected in the
			 noise exposure map, the rail operator shall submit a revised noise
			 exposure map to the Secretary showing the new nonconforming noise levels
			 or noise level reduction.
			6.Noise compatibility programs
			(a)Program submissionA rail operator that submitted a noise exposure map under section 5 may submit a noise
			 compatibility program to the Secretary of Transportation after—
				(1)consulting with public agencies and planning authorities in the area covered by the map; and
				(2)notice and an opportunity for a public hearing.
				(b)Contents of programA program submitted under subsection (a) shall state the measures the rail operator has taken or
			 proposes to take to reduce existing nonconforming noise levels on the
			 property of a school and prevent creating additional nonconforming noise
			 levels in the area covered by the map. The measures may include
			 constructing barriers or acoustical shielding and soundproofing of schools
			 subject to a nonconforming noise level.
			(c)ApprovalsThe Secretary shall approve or disapprove a program submitted under subsection (a) of this section
			 not later than 180 days after receiving it. The Secretary shall approve
			 the program if the program—
				(1)is reasonably consistent with achieving the goal of reducing nonconforming noise levels on the
			 property of a school and preventing the introduction of additional
			 nonconforming noise levels on the property of a school; and
				(2)provides for necessary revisions because of a revised map submitted under section 5.
				(d)GrantsThe Secretary may incur obligations to make grants from amounts available under section 8 to carry
			 out a project under a part of a noise compatibility program approved under
			 subsection (c). A grant may be made to a rail operator submitting the
			 program to carry out the program directly or in cooperation with—
				(1)a local educational agency of a school that is subject to nonconforming noise levels; or
				(2)a unit of local government in the area surrounding the school that has nonconforming noise levels.
				(e)Federal shareThe Federal share of a project for which a grant is made under subsection (d) is 80 percent of the
			 cost of the project.
			7.Nonadmissibility of noise exposure map and related information as evidenceNo part of a noise exposure map or related information described in section 5 that is submitted to,
			 or prepared by, the Secretary of Transportation and no part of a list of
			 land uses the Secretary identifies as normally compatible with various
			 exposures of individuals to noise may be admitted into evidence or used
			 for any other purpose in a civil action asking for relief for noise
			 resulting from the operation of a fixed rail public transportation
			 facility.
		8.Authorization of appropriationsThere are authorized to be appropriated from the Mass Transit Account of the Highway Trust Fund
			 under section 5338 of title 49, United States Code, such funds as may be
			 necessary to carry out this Act.


 HR 267 ENR: Hydropower Regulatory Efficiency Act of 2013
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IB
One Hundred Thirteenth Congress of the United States of America At the First SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and thirteen
H. R. 267

AN ACT
To improve hydropower, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Hydropower Regulatory Efficiency Act of 2013.
(b)Table of contentsThe table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Promoting small hydroelectric power projects.
Sec. 4. Promoting conduit hydropower projects.
Sec. 5. FERC authority to extend preliminary permit periods.
Sec. 6. Promoting hydropower development at nonpowered dams and closed loop pumped storage projects.
Sec. 7. DOE study of pumped storage and potential hydropower from conduits.
2.FindingsCongress finds that—
(1)the hydropower industry currently employs approximately 300,000 workers across the United States;
(2)hydropower is the largest source of clean, renewable electricity in the United States;
(3)as of the date of enactment of this Act, hydropower resources, including pumped storage facilities, provide—
(A)nearly 7 percent of the electricity generated in the United States; and
(B)approximately 100,000 megawatts of electric capacity in the United States;
(4)only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to nonpowered dams; and
(5)according to one study, by utilizing currently untapped resources, the United States could add approximately 60,000 megawatts of new hydropower capacity by 2025, which could create 700,000 new jobs over the next 13 years.
3.Promoting small hydroelectric power projectsSubsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705) is amended by striking 5,000 and inserting 10,000.
4.Promoting conduit hydropower projects
(a)Applicability of, and exemption from, licensing requirementsSection 30 of the Federal Power Act (16 U.S.C. 823a) is amended—
(1)by striking subsections (a) and (b) and inserting the following:

(a)
(1)A qualifying conduit hydropower facility shall not be required to be licensed under this part.
(2)
(A)Any person, State, or municipality proposing to construct a qualifying conduit hydropower facility shall file with the Commission a notice of intent to construct such facility. The notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria.
(B)Not later than 15 days after receipt of a notice of intent filed under subparagraph (A), the Commission shall—
(i)make an initial determination as to whether the facility meets the qualifying criteria; and
(ii)if the Commission makes an initial determination, pursuant to clause (i), that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph (A).
(C)If, not later than 45 days after the date of publication of the public notice described in subparagraph (B)(ii)—
(i)an entity contests whether the facility meets the qualifying criteria, the Commission shall promptly issue a written determination as to whether the facility meets such criteria; or
(ii)no entity contests whether the facility meets the qualifying criteria, the facility shall be deemed to meet such criteria.
(3)For purposes of this section:
(A)The term conduit means any 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)The term qualifying conduit hydropower facility means a facility (not including any dam or other impoundment) that is determined or deemed under paragraph (2)(C) to meet the qualifying criteria.
(C)The term qualifying criteria means, with respect to a facility—
(i)the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit;
(ii)the facility has an installed capacity that does not exceed 5 megawatts; and
(iii)on or before the date of enactment of the Hydropower Regulatory Efficiency Act of 2013, the facility is not licensed under, or exempted from the license requirements contained in, this part.
(b)Subject to subsection (c), the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power which the Commission determines, by rule or order—
(1)utilizes for such generation only the hydroelectric potential of a conduit; and
(2)has an installed capacity that does not exceed 40 megawatts. ;
(2)in subsection (c), by striking subsection (a) and inserting subsection (b); and
(3)in subsection (d), by striking subsection (a) and inserting subsection (b).
(b)Conforming amendmentSubsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2705), as amended, is further amended by striking subsection (a) of such section 30 and inserting subsection (b) of such section 30.
5.FERC authority to extend preliminary permit periodsSection 5 of the Federal Power Act (16 U.S.C. 798) is amended—
(1)by designating the first, second, and third sentences as subsections (a), (c), and (d), respectively; and
(2)by inserting after subsection (a) (as so designated) the following:

(b)The Commission may extend the period of a preliminary permit once for not more than 2 additional years beyond the 3 years permitted by subsection (a) if the Commission finds that the permittee has carried out activities under such permit in good faith and with reasonable diligence. .
6.Promoting hydropower development at nonpowered dams and closed loop pumped storage projects
(a)In generalTo improve the regulatory process and reduce delays and costs for hydropower development at nonpowered dams and closed loop pumped storage projects, the Federal Energy Regulatory Commission (referred to in this section as the Commission) shall investigate the feasibility of the issuance of a license for hydropower development at nonpowered dams and closed loop pumped storage projects in a 2-year period (referred to in this section as a 2-year process). Such a 2-year process shall include any prefiling licensing process of the Commission.
(b)Workshops and pilotsThe Commission shall—
(1)not later than 60 days after the date of enactment of this Act, hold an initial workshop to solicit public comment and recommendations on how to implement a 2-year process;
(2)develop criteria for identifying projects featuring hydropower development at nonpowered dams and closed loop pumped storage projects that may be appropriate for licensing within a 2-year process;
(3)not later than 180 days after the date of enactment of this Act, develop and implement pilot projects to test a 2-year process, if practicable; and
(4)not later than 3 years after the date of implementation of the final pilot project testing a 2-year process, hold a final workshop to solicit public comment on the effectiveness of each tested 2-year process.
(c)Memorandum of understandingThe Commission shall, to the extent practicable, enter into a memorandum of understanding with any applicable Federal or State agency to implement a pilot project described in subsection (b).
(d)Reports
(1)Pilot projects not implementedIf the Commission determines that no pilot project described in subsection (b) is practicable because no 2-year process is practicable, not later than 240 days after the date of enactment of this Act, the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that—
(A)describes the public comments received as part of the initial workshop held under subsection (b)(1); and
(B)identifies the process, legal, environmental, economic, and other issues that justify the determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues.
(2)Pilot projects implementedIf the Commission develops and implements pilot projects involving a 2-year process, not later than 60 days after the date of completion of the final workshop held under subsection (b)(4), the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that—
(A)describes the outcomes of the pilot projects;
(B)describes the public comments from the final workshop on the effectiveness of each tested 2-year process; and
(C)
(i)outlines how the Commission will adopt policies under existing law (including regulations) that result in a 2-year process for appropriate projects;
(ii)outlines how the Commission will issue new regulations to adopt a 2-year process for appropriate projects; or
(iii)identifies the process, legal, environmental, economic, and other issues that justify a determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues.
7.DOE study of pumped storage and potential hydropower from conduits
(a)In generalThe Secretary of Energy shall conduct a study—
(1)
(A)of the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such existing facilities to be upgraded or retrofitted with advanced commercially available technology; and
(B)of the technical potential of existing pumped storage facilities and new advanced pumped storage facilities, to provide grid reliability benefits; and
(2)
(A)to identify the range of opportunities for hydropower that may be obtained from conduits (as defined by the Secretary) in the United States; and
(B)through case studies, to assess amounts of potential energy generation from such conduit hydropower projects.
(b)ReportNot later than 1 year after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes the results of the study conducted under subsection (a), including any recommendations.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


113 HR 3945 IH: To amend the Internal Revenue Code of 1986 to extend for one year the business research credit.
U.S. House of Representatives
2014-01-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS 2d Session
H. R. 3945
IN THE HOUSE OF REPRESENTATIVES

January 28, 2014
Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to extend for one year the business research credit.

1.Extension of research credit
(a)In generalSubparagraph (B) of section 41(h)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014.
(b)Conforming amendmentSubparagraph (D) of section 45C(b)(1) of the Internal Revenue Code of 1986 is amended by striking December 31, 2013 and inserting December 31, 2014.
(c)Effective dateThe amendments made by this section shall apply to amounts paid or incurred after December 31, 2013.


		I
		112th CONGRESS
		1st Session
		H. R. 2713
		IN THE HOUSE OF REPRESENTATIVES

			July 30, 2011
			Mr. Cohen (for
			 himself and Mr. McDermott) introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To limit investor and homeowner losses in foreclosures,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Limiting Investor and Homeowner Loss
			 in Foreclosure Act of 2011.
		2.Loss mitigation
			 programs
			(a)In
			 generalSection 105 of title
			 11, United States Code, is amended by adding at the end the following:

					(e)Without limiting
				the court’s authority under subsection (d) or under any other statute or rule,
				the court, by local rule or order, may establish and maintain a loss mitigation
				program for the consideration and negotiation of consensual alternatives to
				avoid foreclosure between an individual debtor and the holder of a claim
				secured by a security interest in real property that is the debtor’s principal
				residence.
					.
			(b)Conforming
			 amendmentSection 362(e) of title 11, United States Code, is
			 amended by adding at the end the following:

					(3)If the party in interest requesting
				relief from the stay under subsection (d) of this section participates in a
				loss mitigation program maintained pursuant to section 105(e) of this title,
				the time periods specified in paragraphs (1) and (2) of this subsection shall
				be tolled during the time period commencing on the date on which such
				participation began and ending on the date on which notice of such termination
				is filed and served on the
				debtor.
					.


		III
		111th CONGRESS
		2d Session
		H. CON. RES. 293
		IN THE SENATE OF THE UNITED
		  STATES

			June 30, 2010
			Received

		CONCURRENT RESOLUTION
		Providing for a conditional adjournment of
		  the House of Representatives and a conditional recess or adjournment of the
		  Senate.

		That when the House adjourns on any
			 legislative day from Thursday, July 1, 2010, through Saturday, July 3, 2010, on
			 a motion offered pursuant to this concurrent resolution by its Majority Leader
			 or his designee, it stand adjourned until 2 p.m. on Tuesday, July 13, 2010, or
			 until the time of any reassembly pursuant to section 2 of this concurrent
			 resolution, whichever occurs first; and that when the Senate recesses or
			 adjourns on any day from Wednesday, June 30, 2010, through Sunday, July 4,
			 2010, on a motion offered pursuant to this concurrent resolution by its
			 Majority Leader or his designee, it stand recessed or adjourned until noon on
			 Monday, July 12, 2010, or such other time on that day as may be specified in
			 the motion to recess or adjourn, 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.

			Passed the House of
			 Representatives June 30, 2010.
			Lorraine C. Miller,
			Clerk


109 HR 2148 IH: To suspend temporarily the duty on Vulcuren UPKA 1988.
U.S. House of Representatives
2005-05-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2148
IN THE HOUSE OF REPRESENTATIVES

May 5, 2005
Mr. Brown of South Carolina introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on Vulcuren UPKA 1988.

1.Vulcuren UPKA 1988
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading:

9902.06.03 1,6-Bis(N,N´-dibenzylthiocarbamoyldthithio)hexane (CAS No. 151900–44–6) (provided for in subheading 2930.20.20)FreeNo changeNo changeOn or before 12/31/2009.
(b)Effective dateThe amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


III
111th CONGRESS
2d Session
H. CON. RES. 228
IN THE SENATE OF THE UNITED STATES

January 20, 2010
Received

CONCURRENT RESOLUTION
Providing for a joint session of Congress to receive a message from the President.

That the two Houses of Congress assemble in the Hall of the House of Representatives on Wednesday, January 27, 2010, at 9 p.m., for the purpose of receiving such communication as the President of the United States shall be pleased to make to them.

  Passed the House of Representatives January 19, 2010. Lorraine C. Miller, Clerk.


117 S922 IS: Eliminate the Digital Divide Act of 2021
U.S. Senate
2021-03-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 922IN THE SENATE OF THE UNITED STATESMarch 23, 2021Mr. Cornyn (for himself and Mr. Manchin) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo amend the Communications Act of 1934 to provide funding to States for extending broadband service to unserved areas in partnership with broadband service providers, and for other purposes.1.Short titleThis Act may be cited as the Eliminate the Digital Divide Act of 2021.2.Expansion of broadband access in unserved areas(a)In generalThe Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended— (1)in title I (47 U.S.C. 151 et seq.), by adding at the end the following:14.Expansion and adoption of broadband service through State funding(a)DefinitionsIn this section:(1)Broadband funding partnerThe term broadband funding partner means an eligible entity that receives funding for a project under this section.(2)Broadband serviceThe term broadband service—(A)means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service;(B)includes any service that is a functional equivalent of the service described in subparagraph (A); and(C)does not include dial-up internet access service.(3)Eligible entityThe term eligible entity means a private provider of broadband service, or a public-private partnership or cooperative (including a subsidiary of a cooperative) that provides broadband service, that has submitted to the Commission, in addition to any data required to be submitted under section 802, data regarding the service option described in subsection (f)(2) that the entity would offer if the entity were to receive funding under this section.(4)High cost areaThe term high cost area means an unserved area in which the cost of building out broadband service is higher, as compared with the average such cost in the United States (and as determined by the Commission), because of—(A)the remote location of the area;(B)the population density of the area;(C)the unique topography of the area;(D)a high rate of poverty in the area; or(E)any other factor that contributes to the cost of building out that service.(5)LocationThe term location has the meaning given the term by the Commission under rules and guidance that are in effect, as of the date of enactment of this section.(6)ProjectThe term project means an undertaking by a broadband funding partner under this section to construct and deploy infrastructure for the provision of broadband service.(7)Unserved areaThe term unserved area means an area that—(A)is of a standard size, as established by the Commission; and(B)as determined in accordance with the maps created under section 802(c)(1)—(i)has no access to broadband service; or(ii)does not have access to broadband service offered—(I)with a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second; or(II)with download and upload speeds that are established as benchmarks by the Commission after the date of enactment of this section.(b)Program established(1)In generalNot later than 100 days after the date of enactment of this section, or the date on which the maps created under section 802(c)(1) are made public, whichever is later, the Commission shall establish a program for States to expand access to broadband service in unserved areas. (2)Relationship to universal serviceThe program established under paragraph (1) shall be separate from any universal service program established under section 254.(c)State program requirementsA State seeking funding under the program established under subsection (b) shall create a program that—(1)implements the requirements of this section;(2)does not favor the use of any particular technology or any particular eligible entity;(3)encourages all eligible entities, including small broadband providers, to participate in the program through streamlined regulatory requirements for all broadband funding partners;(4)takes into account—(A)the size and scope of each unserved area, and the number of locations, proposed to be served by each project carried out using the funds; (B)the speed of the broadband service provided by eligible entities seeking funding for projects under the program; and(C)the ability of the eligible entities that would receive funding for projects under the program to complete the proposed deployment and provision of broadband service under those projects in the areas served by the projects;(5)may take into account—(A)the size and proportion of the matching funds proposed to be committed by the eligible entities seeking funding for projects under the program, which may not be provided from any funds derived from government grants, loans, or subsidies; (B)the speed with which the eligible entities seeking funding for projects under the program can complete the proposed deployment and provision of broadband service to households under those projects, which may include a review of the topographical effects on the areas being served those projects as a result of the technology to be deployed under those projects; and(C)whether an eligible entity seeking funding for a project under the program has the ability to leverage nearby or adjacent broadband service provided by the eligible entity to facilitate the deployment and provision of broadband service proposed under that project;(6)establishes— (A)periodic buildout milestones, reporting requirements, and certification by broadband funding partners; and(B)a maximum buildout timeframe for a broadband funding partner of 3 years, beginning on the date on which funding is provided to the broadband funding partner to undertake a project, except that the State may extend that timeframe if the broadband funding partner establishes that the failure to complete the project within that timeframe is due to—(i)delays by third parties, including governmental entities, in providing necessary permits, approvals, or access to (or construction of) poles; or(ii)a State or federally declared disaster;(7)contains sufficient notice, transparency, accountability, and oversight measures to— (A)provide the public and broadband funding partners with notice of the funding provided under this section; and (B)deter waste, fraud, and abuse of program funds;(8)establishes procedures for the recovery of funds, in whole or in part, from a broadband funding partner if the broadband funding partner— (A)defaults or fails to comply with the buildout requirements established for the project with respect to which the funding relates; and(B)has not received an extension under paragraph (6)(B);(9)establishes procedures for expedited approval for all necessary access to (or construction of) poles, State and local rights-of-way permits, or other approvals in the areas of the State served by projects under the program;(10)provides that broadband funding partners are not required to be designated as eligible telecommunications carriers under section 214(e);(11)provides that an eligible entity shall grant access to poles, ducts, conduits, and rights-of-way that the eligible entity owns or controls within the State at rates, terms, and conditions regulated by the Commission under, or the State consistent with, section 224 and the rules of the Commission, without regard to whether that section otherwise applies with respect to those items; and(12)except as otherwise explicitly provided in this section, does not require, or include consideration of, the imposition of any new or additional regulatory obligations on broadband funding partners beyond those required under applicable law.(d)Distribution of funds to States(1)Commission distributions(A)In generalNot later than 200 days after the date of enactment of this section, or the date on which the maps created under section 802(c)(1) are made public, whichever is later, the Commission, under the program established under subsection (b), and in accordance with the requirements of this section, shall, with respect to the amounts made available to carry out this section— (i)reserve 10 percent of those amounts for distributions under subparagraph (B) to States that have established programs under subsection (c); and(ii)of the amounts not reserved under clause (i), make distributions under paragraph (2) to States that have established programs under subsection (c).(B)Distributions for high cost areasThe amount of a distribution to a State under this subparagraph shall be calculated as follows:(i)Divide the number of high cost areas in the State by the total number of high cost areas in the United States.(ii)Multiply the quotient obtained under clause (i) by the total amount reserved under subparagraph (A)(i).(2)Amount of distributions for project awardsThe amount of a distribution to a State under paragraph (1) shall be calculated as follows:(A)Divide the number of locations in unserved areas in the State by the total number of locations in unserved areas in the United States, as determined in accordance with the maps created under section 802(c)(1).(B)Multiply the quotient obtained under subparagraph (A) of this paragraph by the amount described in paragraph (1)(A)(ii). (3)State entitlementWith respect to a State that has established a program under subsection (c), the State shall receive a distribution under both of paragraphs (1)(B) and (2) of this subsection.(e)State use of program funds(1)In generalNot later than 120 days after the date on which a State receives funds under subsection (d), and subject to paragraph (2), the State shall make awards to eligible entities through the program established by the State under subsection (c).(2)Funds used solely for unserved areasA State to which funds are distributed under subsection (d)—(A)may not— (i)use any portion of those funds for a project in any area that is not an unserved area; or(ii)use more than 5 percent of those funds to administer the program established by the State under subsection (c); and(B)shall—(i)before making any awards described in paragraph (1), consult the maps created under section 802(c)(1), as updated through the resolution of any challenges brought under section 802(b)(5), to create a list of areas within the State that are unserved areas, which the State shall make publicly available;(ii)from the list created under clause (i), remove any area in the State that—(I)has been awarded funding— (aa)in the Rural Digital Opportunity Fund Phase I auction provided for in the Report and Order in the matter of Rural Digital Opportunity Fund and Connect America Fund adopted by the Commission on January 30, 2020 (FCC 20–5); or(bb)under subpart D of part 54 of title 47, Code of Federal Regulations, or any successor regulations;(II)has been awarded funding through any Rural Utilities Service broadband funding program with a minimum speed commitment of 25 megabits per second for downloads and 3 megabits per second for uploads;(III)has been awarded funding through any existing program established by the State with minimum speed commitments described in subclause (II); or(IV)is the subject of an enforceable commitment by a broadband provider to serve the area with minimum speed commitments described in subclause (II), even if, in any such areas, the service is not yet available, provided that the broadband provider is meeting any applicable build-out deadlines; (iii)establish a streamlined process that allows a broadband service provider, the State, or a unit of local government within the State not less than 30 days after the date on which the list created under clause (i), as updated under clause (ii), is made publicly available to bring a challenge regarding whether an area on that final list is an unserved area;(iv)provide a written notice regarding how each challenge brought under clause (iii) was decided, including the reasons for that decision; (v)update the list created under clause (i) to reflect the results of challenges brought under clause (iii);(vi)not later than 10 years after the date of enactment of this section, return any unused portion of those funds to the Commission; and (vii)not later than 2 years after the date on which the funds are distributed to the State, and biennially thereafter, submit to the Commission a report— (I)regarding how the State spent those funds during the period covered by the report, which shall include a description of each award made with those funds; and(II)that contains a certification that the State has complied with the requirements of this section during the period covered by the report.(f)Project requirementsAny project funded through the program established under subsection (b) shall—(1)adhere to the same quality-of-service standards established by the Commission with respect to the Rural Digital Opportunity Fund set forth in subpart J of part 54 of title 47, Code of Federal Regulations (or any successor regulations); and(2)offer a low-cost broadband service option for low-income subscribers with eligibility for the service option determined by the applicable broadband funding partner.(g)Promoting broadband deploymentNot later than 1 year after the date on which a State receives funding under this section, the State shall publish on a publicly available website of the State a report that analyzes the following:(1)The process by which the State, or any local authority within the State, acts on a new request to access poles, ducts, conduits, or rights-of-way, which shall include an analysis of— (A)the speed with which the State or local authority, as applicable, responds to such a request; and(B)the impact that granting such a request not later than 30 days after the date on which the request is submitted would have on the speed at which broadband service is deployed in the State.(2)The process by which the State, or any local authority within the State, acts on a nonemergency request for authorization to place, construct, or modify facilities with respect to broadband service that are supported through access to poles, ducts, conduits, or rights-of-way, which shall include an analysis of—(A)the speed with which the State or local authority, as applicable, responds to such a request; and(B)the impact that granting such a request not later than 30 days after the date on which the request is submitted would have on the speed at which broadband service is deployed in the State.(3)The impact on the deployment of broadband service within the State of not requiring a permit or other authorization for emergency work performed in the rights-of-way if a broadband facility supported through access to poles, ducts, conduits, or rights-of-way notifies the State, or the applicable local authority within the State, regarding the emergency and the associated work.(4)The impact on the deployment of broadband service within the State of requiring the State, or any instrumentality of the State, whenever the State or instrumentality intends to modify or alter a pole, duct, conduit, or right-of-way, or conduct road work in which there will be open trenches, to provide prior written notification of that action to any broadband service provider, or other entity, that has obtained an attachment to a pole, duct, or conduit, or right-of-way that may be affected, so that the applicable entity may have a reasonable opportunity to add to or modify its existing attachment or facilities.(h)GuidanceThe Commission may provide guidance to States with respect to service obligations, procedures, reporting requirements, and other requirements in carrying out programs established under this section.(i)Rule of constructionNothing in this section may be construed to permit the Commission to use any data submitted by a provider of broadband service under this section to issue or establish additional regulatory requirements with respect to that provider.; and(2)in section 802(c) (47 U.S.C. 642(c))—(A)in paragraph (1)(A)—(i)in clause (i), by striking and at the end;(ii)in clause (ii), by adding and after the semicolon at the end; and(iii)by adding at the end the following:(iii)the areas of the United States in which options described in section 14(f)(2) are available;;(B)in paragraph (5), by striking and at the end;(C)in paragraph (6)—(i)in the matter preceding subparagraph (A), by inserting , including on a publicly available website, after make public; and (ii)in subparagraph (B), by striking the period at the end and inserting ; and; and(D)by adding at the end the following:(7)beginning not later than 18 months after the date of enactment of the Eliminate the Digital Divide Act of 2021, ensure that the publicly available website described in paragraph (6)—(A)allows a consumer to determine, based on financial information entered by the consumer, whether the consumer is eligible— (i)to receive a Federal or State subsidy with respect to broadband internet access service; or (ii)to qualify for a low-income plan with respect to broadband internet access service; and(B)with respect to a consumer who is eligible under clause (i) or (ii) of subparagraph (A), contains information regarding how to apply for the applicable benefit..(b)Direct appropriationThere is appropriated to the Federal Communications Commission, out of any money in the Treasury not otherwise appropriated, $10,000,000,000 for fiscal year 2021 to carry out section 14 of the Communications Act of 1934, as added by subsection (a)(1), which shall remain available through fiscal year 2030.