		II
		109th CONGRESS
		2d Session
		S. 2828
		IN THE SENATE OF THE UNITED
		  STATES

			May 17, 2006
			Mr. Dodd (for himself,
			 Mr. Kennedy, Mr. Reed, Mrs.
			 Clinton, Mr. Lautenberg,
			 Mr. Sarbanes, Mr. Akaka, Mr.
			 Kerry, Ms. Landrieu, and
			 Mr. Menendez) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide for educational opportunities
		  for all students in State public school systems, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Student Bill of
			 Rights.
		2.Table of
			 contentsThe table of contents
			 for this Act is as follows:

				Sec. 1. Short
				title.
				Sec. 2. Table of contents.
				Sec. 3. Findings and purposes.
				TITLE I—ACCESS TO EDUCATIONAL OPPORTUNITY
				Sec. 101. State public school systems.
				Sec. 102. Fundamentals of educational opportunity.
				TITLE II—STATE ACCOUNTABILITY
				Sec. 201. State accountability plan.
				Sec. 202. Consequences of failure to meet
				requirements.
				TITLE III—REPORT TO CONGRESS AND THE PUBLIC
				Sec. 301. Annual report on State public school
				systems.
				TITLE IV—REMEDY
				Sec. 401. Civil action for enforcement.
				TITLE V—GENERAL PROVISIONS
				Sec. 501. Definitions.
				Sec. 502. Rulemaking.
				Sec. 503. Construction.

		3.Findings and
			 purposes
			(a)FindingsCongress finds the following:
				(1)A high-quality, highly competitive
			 education for all students is imperative for the economic growth and
			 productivity of the United States, for its effective national defense, and to
			 achieve the historical aspiration to be one Nation of equal citizens. It is
			 therefore necessary and proper to overcome the nationwide phenomenon of State
			 public school systems that do not meet the requirements of section 101(a), in
			 which high-quality public schools typically serve high-income communities and
			 poor-quality schools typically serve low-income, urban, rural, and minority
			 communities.
				(2)In 2005, the National Academies found in
			 their report Rising Above the Gathering Storm: Energizing and Employing
			 America for a Brighter Economic Future that the inadequate preparation
			 of kindergarten through grade 12 students in science and mathematics, including
			 the significant lack of teachers qualified to teach these subjects, threatens
			 the economic prosperity of the United States. When students do not receive
			 quality mathematics and science preparation in kindergarten through grade 12,
			 they are not prepared to take advanced courses in these subjects at the
			 postsecondary level, leaving the United States with a critical shortage of
			 scientists and engineers—a shortfall being filled by professionals from other
			 countries.
				(3)There exists in the States a significant
			 educational opportunity gap for low-income, urban, rural, and minority students
			 characterized by the following:
					(A)Continuing disparities within States in
			 students’ access to the fundamentals of educational opportunity described in
			 section 102.
					(B)Highly differential educational
			 expenditures (adjusted for cost and need) among school districts within
			 States.
					(C)Radically differential educational
			 achievement among students in school districts within States as measured by the
			 following:
						(i)Achievement in mathematics, reading or
			 language arts, and science on State academic assessments required under section
			 1111(b)(3) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6311(b)(3)) and on the National
			 Assessment of Educational Progress.
						(ii)Advanced placement courses taken.
						(iii)SAT and ACT test scores.
						(iv)Dropout rates and graduation rates.
						(v)College-going and college-completion
			 rates.
						(4)As a consequence of this educational
			 opportunity gap, the quality of a child’s education depends largely upon where
			 the child’s family can afford to live, and the detriments of lower quality
			 education are imposed particularly on—
					(A)children from low-income families;
					(B)children living in urban and rural areas;
			 and
					(C)minority children.
					(5)Since 1785, Congress, exercising the power
			 to admit new States under section 3 of article IV of the Constitution (and
			 previously, the Congress of the Confederation of States under the Articles of
			 Confederation), has imposed upon every State, as a fundamental condition of the
			 State’s admission, that the State provide for the establishment and maintenance
			 of systems of public schools open to all children in such State.
				(6)Over the years since the landmark ruling in
			 Brown v. Board of Education, 347 U.S. 483, 493 (1954), when a unanimous Supreme
			 Court held that the opportunity of an education . . . , where the State
			 has undertaken to provide it, is a right which must be made available to all on
			 equal terms, courts in 44 States have heard challenges to the
			 establishment, maintenance, and operation of State public school systems that
			 are separate and not educationally adequate.
				(7)In 1970, the Presidential Commission on
			 School Finance found that significant disparities in the distribution of
			 educational resources existed among school districts within States because the
			 States relied too significantly on local district financing for educational
			 revenues, and that reforms in systems of school financing would increase the
			 Nation’s ability to serve the educational needs of all children.
				(8)In 1999, the National Research Council of
			 the National Academy of Sciences published a report entitled Making
			 Money Matter, Financing America’s Schools, which found that the concept
			 of funding adequacy, which moves beyond the more traditional concepts of
			 finance equity to focus attention on the sufficiency of funding for desired
			 educational outcomes, is an important step in developing a fair and productive
			 educational system.
				(9)In 2001, the Executive Order establishing
			 the President’s Commission on Educational Resource Equity declared, A
			 quality education is essential to the success of every child in the 21st
			 century and to the continued strength and prosperity of our Nation. . . .
			 [L]ong-standing gaps in access to educational resources exist, including
			 disparities based on race and ethnicity. (Exec. Order No. 13190, 66
			 Fed. Reg. 5424 (2001)).
				(10)According to the Secretary of Education, as
			 stated in a letter (with enclosures) from the Secretary to States dated January
			 19, 2001—
					(A)racial and ethnic minorities continue to
			 suffer from lack of access to educational resources, including
			 experienced and qualified teachers, adequate facilities, and
			 instructional programs and support, including technology, as well as . . . the
			 funding necessary to secure these resources; and
					(B)these inadequacies are particularly
			 acute in high-poverty schools, including urban schools, where many students of
			 color are isolated and where the effect of the resource gaps may be cumulative.
			 In other words, students who need the most may often receive the least, and
			 these students often are students of color..
					(11)In the amendments made by the No Child Left
			 Behind Act of 2001, Congress—
					(A)(i)required each State to establish standards
			 and assessments in mathematics, reading or language arts, and science;
			 and
						(ii)required schools to ensure that all
			 students are proficient in mathematics, reading or language arts, and science
			 not later than 12 years after the end of the 2001–2002 school year, and held
			 schools accountable for the students’ progress; and
						(B)required each State to describe how the
			 State will help local educational agencies and schools to develop the capacity
			 to improve student academic achievement.
					(12)The standards and accountability movement
			 will succeed only if, in addition to standards and accountability, all schools
			 have access to the educational resources necessary to enable students to
			 achieve.
				(13)Raising standards without ensuring access
			 to educational resources may in fact exacerbate achievement gaps and set
			 children up for failure.
				(14)According to the World Economic Forum’s
			 Global Competitiveness Report 2001–2002, the United States ranks last among
			 developed countries in the difference in the quality of schools available to
			 rich and poor children.
				(15)The persistence of pervasive inadequacies
			 in the quality of education provided by State public school systems effectively
			 deprives millions of children throughout the United States of the opportunity
			 for an education adequate to enable the children to—
					(A)acquire the knowledge and skills necessary
			 for responsible citizenship in a diverse democracy, including the ability to
			 participate fully in the political process through informed electoral
			 choice;
					(B)meet challenging student academic
			 achievement standards; and
					(C)be able to compete and succeed in a global
			 economy.
					(16)Each State government has ultimate
			 authority to determine every important aspect and priority of the public school
			 system that provides elementary and secondary education to children in the
			 State, including whether students throughout the State have access to the
			 fundamentals of educational opportunity described in section 102.
				(17)Because a well educated populace is
			 critical to the Nation’s political and economic well-being and national
			 security, the Federal Government has a substantial interest in ensuring that
			 States provide a high-quality education by ensuring that all students have
			 access to the fundamentals of educational opportunity described in section 102
			 to enable the students to succeed academically and in life.
				(b)PurposesThe purposes of this Act are the
			 following:
				(1)To further the goals of the
			 Elementary and Secondary Education Act of
			 1965 (as amended by the No Child Left Behind Act of 2001), by
			 holding States accountable for providing all students with access to the
			 fundamentals of educational opportunity described in section 102.
				(2)To ensure that all students in public
			 elementary schools and secondary schools receive educational opportunities that
			 enable such students to—
					(A)acquire the knowledge and skills necessary
			 for responsible citizenship in a diverse democracy, including the ability to
			 participate fully in the political process through informed electoral
			 choice;
					(B)meet challenging student academic
			 achievement standards; and
					(C)be able to compete and succeed in a global
			 economy.
					(3)To end the pervasive pattern of States
			 maintaining public school systems that do not meet the requirements of section
			 101(a).
				IACCESS TO EDUCATIONAL OPPORTUNITY
			101.State public school
			 systems
				(a)RequirementsEach State receiving Federal financial
			 assistance for elementary or secondary education shall ensure that the State’s
			 public school system provides all students within the State with an education
			 that enables the students to acquire the knowledge and skills necessary for
			 responsible citizenship in a diverse democracy, including the ability to
			 participate fully in the political process through informed electoral choice,
			 to meet challenging student academic achievement standards, and to be able to
			 compete and succeed in a global economy, through—
					(1)the provision of fundamentals of
			 educational opportunity described in section 102, at adequate or ideal levels
			 as defined by the State under section 201(a)(1)(A) to students at each public
			 elementary school and secondary school in the State;
					(2)the provision of educational services in
			 school districts that receive funds under part A of title I of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311 et seq.) that are, taken as a whole, at least
			 comparable to educational services provided in school districts not receiving
			 such funds; and
					(3)compliance with any final Federal or State
			 court order in any matter concerning the adequacy or equitableness of the
			 State’s public school system.
					(b)Determinations
			 Concerning State Public School SystemsNot later than October 1 of each year, the
			 Secretary shall determine whether each State maintains a public school system
			 that meets the requirements of subsection (a). The Secretary may make a
			 determination that a State public school system does not meet such requirements
			 only after providing notice and an opportunity for a hearing.
				(c)PublicationThe Secretary shall publish and make
			 available to the general public (including by means of the Internet) the
			 determinations made under subsection (b).
				102.Fundamentals of
			 educational opportunityThe
			 fundamentals of educational opportunity are the following:
				(1)Highly
			 qualified teachers, principals, and academic support personnel
					(A)Highly
			 qualified teachersInstruction from highly qualified teachers
			 in core academic subjects.
					(B)Highly
			 qualified principalsLeadership, management, and guidance from
			 principals who meet State certification standards.
					(C)Highly
			 qualified academic support personnelNecessary additional academic support in
			 reading or language arts, mathematics, and other core academic subjects from
			 personnel who meet applicable State standards.
					(2)Rigorous
			 academic standards, curricula, and methods of instructionRigorous academic standards, curricula, and
			 methods of instruction, as measured by the extent to which each school district
			 succeeds in providing high-quality academic standards, curricula, and methods
			 of instruction to students in each public elementary school and secondary
			 school within the district.
				(3)Small class
			 sizesSmall class sizes, as
			 measured by—
					(A)the average class size and the range of
			 class sizes; and
					(B)the percentage of elementary school classes
			 with 17 or fewer students.
					(4)Textbooks,
			 instructional materials, and suppliesTextbooks, instructional materials, and
			 supplies, as measured by—
					(A)the average age and quality of textbooks,
			 instructional materials, and supplies used in core academic subjects;
			 and
					(B)the percentage of students who begin the
			 school year with school-issued textbooks, instructional materials, and
			 supplies.
					(5)Library
			 resourcesLibrary resources,
			 as measured by—
					(A)the size and qualifications of the
			 library’s staff, including whether the library is staffed by a full-time
			 librarian certified under applicable State standards;
					(B)the size (relative to the number of
			 students) and quality (including age) of the library’s collection of books and
			 periodicals; and
					(C)the library’s hours of operation.
					(6)School
			 facilities and computer technology
					(A)Quality school
			 facilitiesQuality school
			 facilities, as measured by—
						(i)the physical condition of school buildings
			 and major school building features;
						(ii)environmental conditions in school
			 buildings; and
						(iii)the quality of instructional space.
						(B)Computer
			 technologyComputer
			 technology, as measured by—
						(i)the ratio of computers to students;
						(ii)the quality of computers and software
			 available to students;
						(iii)Internet access;
						(iv)the quality of system maintenance and
			 technical assistance for the computers; and
						(v)the number of computer laboratory courses
			 taught by qualified computer instructors.
						(7)Quality
			 guidance counselingQualified
			 guidance counselors, as measured by the ratio of students to qualified guidance
			 counselors who have been certified under an applicable State or national
			 program.
				IISTATE ACCOUNTABILITY
			201.State accountability
			 plan
				(a)General
			 Plan
					(1)ContentsEach State receiving Federal financial
			 assistance for elementary and secondary education shall annually submit to the
			 Secretary a plan, developed by the State educational agency, in consultation
			 with local educational agencies, teachers, principals, pupil services
			 personnel, administrators, other staff, and parents, that contains the
			 following:
						(A)A description of 2 levels of high access
			 (adequate and ideal) to each of the fundamentals of educational opportunity
			 described in section 102 that measure how well the State, through school
			 districts, public elementary schools, and public secondary schools, is
			 achieving the purposes of this Act by providing children with the resources
			 they need to succeed academically and in life.
						(B)A description of a third level of access
			 (basic) to each of the fundamentals of educational opportunity described in
			 section 102 that measures how well the State, through school districts, public
			 elementary schools, and public secondary schools, is achieving the purposes of
			 this Act by providing children with the resources they need to succeed
			 academically and in life.
						(C)A description of the level of access of
			 each school district, public elementary school, and public secondary school in
			 the State to each of the fundamentals of educational opportunity described in
			 section 102, including identification of any such schools that lack high access
			 (as described in subparagraph (A)) to any of the fundamentals.
						(D)An estimate of the additional cost, if any,
			 of ensuring that the system meets the requirements of section 101(a).
						(E)Information stating the percentage of
			 students in each school district, public elementary school, and public
			 secondary school in the State that are proficient in mathematics, reading or
			 language arts, and science, as measured through assessments administered as
			 described in section 1111(b)(3)(C)(v) of the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6311(b)(3)(C)(v)).
						(F)Information stating whether each school
			 district, public elementary school, and public secondary school in the State is
			 making adequate yearly progress, as defined under section 1111(b)(2) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(2)).
						(G)(i)For each school district, public elementary
			 school, and public secondary school in the State, information stating—
								(I)the number and percentage of children
			 counted under section 1124(c) of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and
								(II)the number and percentage of students
			 described in section 1111(b)(3)(C)(xiii) of the Elementary and Secondary Education Act of 1965
			 (20 U.S.C. 6311(b)(3)(C)(xiii)).
								(ii)For each such school district, information
			 stating whether the district is an urban, mixed, or rural district (as defined
			 by the National Center for Education Statistics).
							(2)Levels of
			 accessFor purposes of the
			 plan submitted under paragraph (1)—
						(A)in defining basic, adequate, and ideal
			 levels of access to each of the fundamentals of educational opportunity, each
			 State shall consider, in addition to the factors described in section 102, the
			 access available to students in the highest-achieving decile of public
			 elementary schools and secondary schools, the unique needs of low-income, urban
			 and rural, and minority students, and other educationally appropriate factors;
			 and
						(B)the levels of access described in
			 subparagraphs (A) and (B) of paragraph (1) shall be aligned with the
			 challenging academic content standards, challenging student academic
			 achievement standards, and high-quality academic assessments required under the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6301 et seq.).
						(3)InformationThe State shall annually disseminate to
			 parents, in an understandable and uniform format, the descriptions, estimate,
			 and information described in paragraph (1).
					(b)Accountability
			 and Remediation
					(1)AccountabilityIf the Secretary determines under section
			 101(b) that a State maintains a public school system that fails to meet the
			 requirements of section 101(a)(1), the plan submitted under subsection (a)(1)
			 shall—
						(A)demonstrate that the State has developed
			 and is implementing a single, statewide State accountability system that will
			 be effective in ensuring that the State makes adequate yearly progress under
			 this Act (as defined by the State in a manner that annually reduces the number
			 of public elementary schools and secondary schools in the State without high
			 access (as described in subsection (a)(1)(A)) to each of fundamentals of
			 educational opportunity described in section 102);
						(B)demonstrate, based on the levels of access
			 described in paragraph (1) what constitutes adequate yearly progress of the
			 State under this Act toward providing all students with high access to the
			 fundamentals of educational opportunity described in section 102; and
						(C)ensure—
							(i)the establishment of a timeline for that
			 adequate yearly progress that includes interim yearly goals for the reduction
			 of the number of public elementary schools and secondary schools in the State
			 without high access to each of the fundamentals of educational opportunity
			 described in section 102; and
							(ii)that not later than 12 years after the end
			 of the 2005–2006 school year, each public elementary school in the State shall
			 have access to each of the fundamentals of educational opportunity described in
			 section 102.
							(2)RemediationIf the Secretary determines under section
			 101(b) that a State maintains a public school system that fails to meet the
			 requirements of section 101(a)(2), not later than 1 year after the Secretary
			 makes the determination, the State shall include in the plan submitted under
			 subsection (a)(1) a strategy to remediate the conditions that caused the
			 Secretary to make such determination, not later than the end of the second
			 school year beginning after submission of the plan.
					(c)AmendmentsA State may amend the plan submitted under
			 subsection (a)(1) to improve the plan or to take into account significantly
			 changed circumstances.
				(d)DisapprovalThe Secretary may disapprove the plan
			 submitted under subsection (a)(1) (or an amendment to such a plan) if the
			 Secretary determines, after notice and opportunity for hearing, that the plan
			 (or amendment) is inadequate to meet the requirements described in subsections
			 (a) and (b).
				(e)Waiver
					(1)In
			 generalA State may request,
			 and the Secretary may grant, a waiver of the requirements of subsections (a)
			 and (b) for 1 year for exceptional circumstances, such as a precipitous
			 decrease in State revenues, or another circumstance that the Secretary
			 determines to be exceptional, that prevents a State from complying with the
			 requirements of subsections (a) and (b).
					(2)Contents of
			 waiver requestA State that
			 requests a waiver under paragraph (1) shall include in the request—
						(A)a description of the exceptional
			 circumstance that prevents the State from complying with the requirements of
			 subsections (a) and (b); and
						(B)a plan that details the manner in which the
			 State will comply with such requirements by the end of the waiver
			 period.
						202.Consequences of
			 failure to meet requirements
				(a)Interim Yearly
			 Goals
					(1)In
			 generalFor a fiscal year and
			 a State described in section 201(b)(1), the Secretary shall withhold from the
			 State 2.75 percent of funds otherwise available to the State for the
			 administration of Federal elementary and secondary education programs, for each
			 covered goal that the Secretary determines the State is not meeting during that
			 year.
					(2)DefinitionIn this subsection, the term covered
			 goal, used with respect to a fiscal year, means an interim yearly goal
			 described in section 201(b)(1)(C)(i) that is applicable to that year or a prior
			 fiscal year.
					(b)Consequences of
			 NonremediationNotwithstanding any other provision of law,
			 if the Secretary determines that a State required to include a strategy under
			 section 201(b)(2) continues to maintain a public school system that does not
			 meet the requirements of section 101(a)(2) at the end of the second school year
			 described in section 201(b)(2), the Secretary shall withhold from the State not
			 more than 331/3 percent of funds otherwise available to
			 the State for the administration of programs authorized under the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) until the
			 Secretary determines that the State maintains a public school system that meets
			 the requirements of section 101(a)(2).
				(c)Consequences of
			 Noncompliance With Court OrdersIf the Secretary determines under section
			 101(b) that a State maintains a public school system that fails to meet the
			 requirements of section 101(a)(3), the Secretary shall withhold from the State
			 not more than 331/3 percent of funds otherwise available
			 to the State for the administration of programs authorized under the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.).
				(d)Disposition of
			 Funds Withheld
					(1)DeterminationNot later than 1 year after the Secretary
			 withholds funds from a State under this section, the Secretary shall determine
			 whether the State has corrected the condition that led to the
			 withholding.
					(2)Disposition
						(A)CorrectionIf the Secretary determines under paragraph
			 (1), that the State has corrected the condition that led to the withholding,
			 the Secretary shall make the withheld funds available to the State to use for
			 the original purpose of the funds during 1 or more fiscal years specified by
			 the Secretary.
						(B)NoncorrectionIf the Secretary determines under paragraph
			 (1), that the State has not corrected the condition that led to the
			 withholding, the Secretary shall allocate the withheld funds to public school
			 districts, public elementary schools, or public secondary schools in the State
			 that are most adversely affected by the condition that led to the withholding,
			 to enable the districts or schools to correct the condition during 1 or more
			 fiscal years specified by the Secretary.
						(3)AvailabilityAmounts made available or allocated under
			 subparagraph (A) or (B) of paragraph (2) shall remain available during the
			 fiscal years specified by the Secretary under that subparagraph.
					IIIREPORT TO CONGRESS AND THE PUBLIC
			301.Annual report on
			 State public school systems
				(a)Annual Report
			 to CongressNot later than
			 October 1 of each year, beginning the year after completion of the first full
			 school year after the date of enactment of this Act, the Secretary shall submit
			 to Congress a report that includes a full and complete analysis of the public
			 school system of each State.
				(b)Contents of
			 ReportThe analysis conducted
			 under subsection (a) shall include the following:
					(1)Public school
			 system informationThe
			 following information related to the public school system of each State:
						(A)The number of school districts, public
			 elementary schools, public secondary schools, and students in the
			 system.
						(B)(i)For each such school district and
			 school—
								(I)information stating the number and
			 percentage of children counted under section 1124(c) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6333(c)); and
								(II)the number and percentage of students,
			 disaggregated by groups described in section 1111(b)(3)(C)(xiii) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(3)(C)(xiii)).
								(ii)For each such district, information stating
			 whether the district is an urban, mixed, or rural district (as defined by the
			 National Center for Education Statistics).
							(C)The average per-pupil expenditure (both in
			 actual dollars and adjusted for cost and need) for the State and for each
			 school district in the State.
						(D)Each school district’s decile ranking as
			 measured by achievement in mathematics, reading or language arts, and science
			 on State academic assessments required under section 1111(b)(3) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(3)) and on the National Assessment of
			 Educational Progress.
						(E)For each school district, public elementary
			 school, and public secondary school—
							(i)the level of access (as described in
			 section 201(a)(1)) to each of the fundamentals of educational opportunity
			 described in section 102;
							(ii)the percentage of students that are
			 proficient in mathematics, reading or language arts, and science, as measured
			 through assessments administered as described in section 1111(b)(3)(C)(v) of
			 the Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(3)(C)(v)); and
							(iii)whether the school district or school is
			 making adequate yearly progress—
								(I)as defined under section 1111(b)(2) of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6311(b)(2)); and
								(II)as defined by the State under section
			 201(b)(1)(A).
								(F)For each State, the number of public
			 elementary schools and secondary schools that lack, and names of each such
			 school that lacks, high access (as described in section 201(a)(1)(A)) to any of
			 the fundamentals of educational opportunity described in section 102.
						(G)For the year covered by the report, a
			 summary of any changes in the data required in subparagraphs (A) through (F)
			 for each of the preceding 3 years (which may be based on such data as are
			 available, for the first 3 reports submitted under subsection (a)).
						(H)Such other information as the Secretary
			 considers useful and appropriate.
						(2)State
			 actionsFor each State that
			 the Secretary determines under section 101(b) maintains a public school system
			 that fails to meet the requirements of section 101(a), a detailed description
			 and evaluation of the success of any actions taken by the State, and measures
			 proposed to be taken by the State, to meet the requirements.
					(3)State
			 plansA copy of each State’s
			 most recent plan submitted under section 201(a)(1).
					(4)Relationship
			 between compliance and achievementAn analysis of the relationship between
			 meeting the requirements of section 101(a) and improving student academic
			 achievement, as measured on State academic assessments required under section
			 1111(b)(3) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6311(b)(3)).
					(c)Scope of
			 ReportThe report required
			 under subsection (a) shall cover the school year ending in the calendar year in
			 which the report is required to be submitted.
				(d)Submission of
			 Data to SecretaryEach State
			 receiving Federal financial assistance for elementary and secondary education
			 shall submit to the Secretary, at such time and in such manner as the Secretary
			 may reasonably require, such data as the Secretary determines to be necessary
			 to make a determination under section 101(b) and to submit the report under
			 this section. Such data shall include the information used to measure the
			 State’s success in providing the fundamentals of educational opportunity
			 described in section 102.
				(e)Failure To
			 Submit DataIf a State fails
			 to submit the data that the Secretary determines to be necessary to make a
			 determination under section 101(b) regarding whether the State maintains a
			 public school system that meets the requirements of section 101(a)—
					(1)such State’s public school system shall be
			 deemed not to have met the applicable requirements until the State submits such
			 data and the Secretary is able to make such determination under section 101(b);
			 and
					(2)the Secretary shall provide, to the extent
			 practicable, the analysis required in subsection (a) for the State based on the
			 best data available to the Secretary.
					(f)PublicationThe Secretary shall publish and make
			 available to the general public (including by means of the Internet) the report
			 required under subsection (a).
				IVREMEDY
			401.Civil action for
			 enforcementA student or
			 parent of a student aggrieved by a violation of this Act may bring a civil
			 action against the appropriate official in an appropriate Federal district
			 court seeking declaratory or injunctive relief to enforce the requirements of
			 this Act, together with reasonable attorney’s fees and the costs of the
			 action.
			VGENERAL PROVISIONS
			501.DefinitionsIn this Act:
				(1)Referenced
			 termsThe terms
			 elementary school, secondary school, local
			 educational agency, highly qualified, core academic
			 subjects, parent, and average per-pupil
			 expenditure have the meanings given those terms in section 9101 of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 7801).
				(2)Federal
			 elementary and secondary education programsThe term Federal elementary and
			 secondary education programs means programs providing Federal financial
			 assistance for elementary or secondary education, other than programs under the
			 following provisions of law:
					(A)The Individuals with Disabilities Education
			 Act (20 U.S.C. 1400 et seq.).
					(B)Title III of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 6801 et seq.).
					(C)The Richard B. Russell
			 National School Lunch Act (42 U.S.C.
			 1751 et seq.).
					(D)The Child
			 Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
					(3)Public school
			 systemThe term public
			 school system means a State’s system of public elementary and secondary
			 education.
				(4)StateThe term State means each of
			 the several States, the District of Columbia, and the Commonwealth of Puerto
			 Rico.
				502.RulemakingThe Secretary may prescribe regulations to
			 carry out this Act.
			503.ConstructionNothing in this Act shall be construed to
			 require a jurisdiction to increase its property tax or other tax rates or to
			 redistribute revenues from such taxes.


		IB
		Union Calendar No. 61
		112th CONGRESS
		1st Session
		H. R. 1121
		[Report No.
		  112–107]
		IN THE HOUSE OF
		  REPRESENTATIVES

			March 16, 2011
			Mr. Bachus (for
			 himself, Mrs. Capito,
			 Mrs. Biggert,
			 Mr. Garrett,
			 Mr. Hensarling,
			 Mr. Gary G. Miller of California,
			 Mr. Neugebauer,
			 Mr. Grimm,
			 Mrs. Bachmann,
			 Mr. Royce,
			 Mr. Dold, Mr. Yoder, Mr.
			 Manzullo, Mr. Schweikert,
			 Mr. Luetkemeyer,
			 Mr. Pearce,
			 Mr. Stivers,
			 Mr. McHenry,
			 Mr. Canseco,
			 Mr. Sessions,
			 Mr. Posey,
			 Mr. Duffy,
			 Mr. Huizenga of Michigan,
			 Mr. Lucas,
			 Mr. Campbell,
			 Mr. King of New York, and
			 Mr. Hultgren) introduced the following
			 bill; which was referred to the
			 Committee on Financial
			 Services

			June 16, 2011
			Additional sponsors: Mr.
			 Hurt, Mr. McCotter,
			 Mr. Wilson of South Carolina,
			 Ms. Jenkins,
			 Mr. McKinley,
			 Mr. Latham,
			 Mr. Carter,
			 Mr. Kline, and
			 Mr. Ross of Florida

			June 16, 2011
			Reported with an amendment, committed to the Committee of
			 the Whole House on the State of the Union, and ordered to be
			 printed
			Strike out all after the enacting clause and insert
			 the part printed in italic
			For text of introduced bill, see copy of bill as
			 introduced on March 16, 2011

		A BILL
		To replace the Director of the Bureau of
		  Consumer Financial Protection with a five person
		  Commission.

		1.Short titleThis Act may be cited as the
			 Responsible Consumer Financial
			 Protection Regulations Act of 2011.
		2.Establishment of the
			 CommissionSection 1011 of the
			 Consumer Financial Protection Act of 2010 is amended—
			(1)by striking subsections
			 (b), (c), and (d);
			(2)by redesignating
			 subsection (e) as subsection (j); and
			(3)by inserting after
			 subsection (a) the following new subsections:

					(b)Establishment of the
				Commission
						(1)In
				generalThere is hereby
				established a commission (hereinafter referred to in this section as the
				Commission) that shall serve as the head of the Bureau.
						(2)Authority to prescribe
				regulationsThe Commission may prescribe such regulations and
				issue such orders in accordance with this title as the Commission may determine
				to be necessary for carrying out this title and all other laws within the
				Commission’s jurisdiction and shall exercise any authorities granted under this
				title and all other laws within the Commission’s jurisdiction.
						(c)Composition of the
				Commission
						(1)In
				generalThe Commission shall
				be composed of the Vice Chairman for Supervision of the Federal Reserve System
				and 4 additional members who shall be appointed by the President, by and with
				the advice and consent of the Senate, from among individuals who—
							(A)are citizens of the
				United States;
							(B)have strong competencies
				and experiences related to consumer financial protection; and
							(C)should want to protect service members and
				their families who are sacrificing their lives for this country from abusive
				financial practices.
							(2)StaggeringThe
				members of the Commission appointed under paragraph (1) shall serve staggered
				terms, which initially shall be established by the President for terms of 1, 2,
				4, and 5 years, respectively.
						(3)Terms
							(A)In
				generalEach member of the
				Commission appointed under paragraph (1), including the Chair, shall serve for
				a term of 5 years.
							(B)Removal for
				causeThe President may
				remove any member of the Commission appointed under paragraph (1) only for
				inefficiency, neglect of duty, or malfeasance in office.
							(C)VacanciesAny member of the Commission appointed
				under paragraph (1) appointed to fill a vacancy occurring before the expiration
				of the term to which that member’s predecessor was appointed (including the
				Chair) shall be appointed only for the remainder of the term.
							(D)Continuation of
				serviceEach member of the
				Commission appointed under paragraph (1) may continue to serve after the
				expiration of the term of office to which that member was appointed until a
				successor has been appointed by the President and confirmed by the Senate,
				except that a member may not continue to serve more than 1 year after the date
				on which that member’s term would otherwise expire.
							(E)Other employment
				prohibitedNo member of the
				Commission appointed under paragraph (1) shall engage in any other business,
				vocation, or employment.
							(4)Roles and
				responsibilities of commissionersOne member of the Commission
				shall have as their primary responsibility the oversight of the Bureau’s
				activities pertaining to protecting consumers, with a focus on consumers who
				are older, minorities, youth, or veterans, from unfair, deceptive, and abusive
				lending practices. The designated commissioner shall be responsible for—
							(A)ensuring the Bureau
				conducts regular outreach to consumers regarding industry lending
				activities;
							(B)researching and reporting
				to the full Commission, on a regular basis, the impact of new loan and credit
				products and services on consumers; and
							(C)ensuring the Bureau coordinates with
				State-level consumer protection agencies on enforcement measures that protect
				consumers from unfair, deceptive, and abusive lending practices.
							(d)AffiliationWith
				respect to members appointed pursuant to subsection (c)(1), not more than 2
				shall be members of any one political party.
					(e)Chair of the
				Commission
						(1)AppointmentThe Chair of the Commission shall be
				appointed by the President from among the members of the Commission appointed
				under paragraph (1).
						(2)AuthorityThe Chair shall be the principal executive
				officer of the Bureau, and shall exercise all of the executive and
				administrative functions of the Bureau, including with respect to—
							(A)the appointment and supervision of
				personnel employed under the Bureau (other than personnel employed regularly
				and full time in the immediate offices of members of the Commission other than
				the Chair);
							(B)the distribution of business among
				personnel appointed and supervised by the Chair and among administrative units
				of the Bureau; and
							(C)the use and expenditure
				of funds.
							(3)LimitationIn
				carrying out any of the Chair’s functions under the provisions of this
				subsection the Chair shall be governed by general policies of the Commission
				and by such regulatory decisions, findings, and determinations as the
				Commission may by law be authorized to make.
						(4)Requests or estimates
				related to appropriationsRequests or estimates for regular,
				supplemental, or deficiency appropriations on behalf of the Commission may not
				be submitted by the Chair without the prior approval of the Commission.
						(f)No impairment by reason
				of vacanciesNo vacancy in
				the members of the Commission shall impair the right of the remaining members
				of the Commission to exercise all the powers of the Commission. Three members
				of the Commission shall constitute a quorum for the transaction of business,
				except that if there are only 3 members serving on the Commission because of
				vacancies in the Commission, 2 members of the Commission shall constitute a
				quorum for the transaction of business. If there are only 2 members serving on
				the Commission because of vacancies in the Commission, 2 members shall
				constitute a quorum for the 6-month period beginning on the date of the vacancy
				which caused the number of Commission members to decline to 2.
					(g)SealThe
				Commission shall have an official seal.
					(h)Compensation
						(1)ChairThe
				Chair shall receive compensation at the rate prescribed for level I of the
				Executive Schedule under section 5313 of title 5, United States Code.
						(2)Other members of the
				CommissionThe 3 other members of the Commission appointed under
				subsection (c)(1) shall each receive compensation at the rate prescribed for
				level II of the Executive Schedule under section 5314 of title 5, United States
				Code.
						(i)Initial quorum
				establishedDuring any time period prior to the confirmation of
				at least two members of the Commission, one member of the Commission shall
				constitute a quorum for the transaction of business. Following the confirmation
				of at least 2 additional commissioners, the quorum requirements of subsection
				(f) shall
				apply.
					.
			3.Conforming
			 amendments
			(a)Consumer Financial
			 Protection Act of 2010
				(1)In
			 generalThe Consumer
			 Financial Protection Act of 2010 is amended—
					(A)in section 1002, by
			 striking paragraph (10);
					(B)in section 1012(c)(4), by
			 striking Director each place such term appears and inserting
			 Commission of the Bureau;
					(C)in section
			 1013(c)(3)—
						(i)by striking
			 Assistant Director of the Bureau for and inserting Head
			 of the Office of; and
						(ii)in subparagraph (B), by
			 striking Assistant Director and inserting Head of the
			 Office;
						(D)in section
			 1013(g)(2)—
						(i)by striking
			 Assistant
			 director and inserting Head of the Office;
			 and
						(ii)by striking an
			 assistant director and inserting a Head of the Office of
			 Financial Protection for Older Americans;
						(E)in section 1016(a), by
			 striking Director of the Bureau and inserting Chair of
			 the Commission;
					(F)in section 1017(c)(1), by
			 striking Director and other employees and inserting
			 members of the Commission and other employees;
					(G)in section 1027(l)(1), by
			 striking Director and the; and
					(H)in section 1066(a), by
			 striking Director of the Bureau is and inserting first
			 member of the Commission is.
					(2)Global
			 amendmentsThe Consumer Financial Protection Act of 2010 is
			 amended—
					(A)by striking
			 Director of the each place such term appears, other than
			 in—
						(i)subparagraphs (A) and (E)
			 of section 1017(4);
						(ii)section 1043;
						(iii)section
			 1061(b)(3);
						(iv)section 1062;
						(v)section 1063(f);
						(vi)subparagraphs (E) and
			 (G) of section 1064(i)(2); and
						(vii)section 1065(a);
			 and
						(B)by striking Director each
			 place such term appears and inserting Bureau, other than
			 in—
						(i)section 1063(f)(2);
			 and
						(ii)section 1065(a).
						(b)Dodd-Frank Wall Street
			 Reform and Consumer Protection ActThe Dodd-Frank Wall Street Reform and
			 Consumer Protection Act is amended—
				(1)in section 111(b)(1)(D),
			 by striking Director and inserting Chair of the
			 Commission; and
				(2)in section 1447, by
			 striking Director of the Bureau each place such term appears and
			 inserting Bureau.
				(c)Electronic Fund
			 Transfer ActSection
			 921(a)(4)(C) of the Electronic Fund Transfer Act, as added by section
			 1075(a)(2) of the Consumer Financial Protection Act of 2010, is amended by
			 striking Director of the Bureau of Consumer Financial Protection
			 and inserting Bureau of Consumer Financial Protection.
			(d)Expedited Funds
			 Availability ActThe
			 Expedited Funds Availability Act, as amended by section 1086 of the Consumer
			 Financial Protection Act of 2010, is amended by striking Director of the
			 Bureau each place such term appears and inserting
			 Bureau.
			(e)Federal Deposit
			 Insurance ActSection 2 of
			 the Federal Deposit Insurance Act, as amended by section 336(a) of the
			 Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by
			 striking Director of the Consumer Financial Protection Bureau
			 each place such term appears and inserting Chair of the Commission of
			 the Bureau of Consumer Financial Protection.
			(f)Federal Financial
			 Institutions Examination Council Act of 1978Section 1004(a)(4) of the Federal Financial
			 Institutions Examination Council Act of 1978 (12 U.S.C. 3303(a)(4)), as amended
			 by section 1091 of the Consumer Financial Protection Act of 2010, is amended by
			 striking Director of the Consumer Financial Protection Bureau
			 and inserting Chair of the Commission of the Bureau of Consumer
			 Financial Protection.
			(g)Financial Literacy and
			 Education Improvement ActSection 513 of the Financial Literacy and
			 Education Improvement Act, as amended by section 1013(d) of the Consumer
			 Financial Protection Act of 2010, is amended by striking
			 Director each place such term appears and inserting Chair
			 of the Commission.
			(h)Home Mortgage
			 Disclosure Act of 1975Section 307 of the Home Mortgage Disclosure
			 Act of 1975, as amended by section 1094(6) of the Consumer Financial Protection
			 Act of 2010, is amended by striking Director of the Bureau of Consumer
			 Financial Protection each place such term appears and inserting
			 Bureau of Consumer Financial Protection.
			(i)Interstate Land Sales
			 Full Disclosure ActThe
			 Interstate Land Sales Full Disclosure Act, as amended by section 1098A of the
			 Consumer Financial Protection Act of 2010, is amended—
				(1)by amending section
			 1402(1) to read as follows:

						(1)Chair means the Chair of the
				Commission of the Bureau of Consumer Financial
				Protection;
						;
				(2)in section 1416(a), by
			 striking Director of the Bureau of Consumer Financial Protection
			 and inserting Chair; and
				(3)by striking “Director” each place such term
			 appears and inserting “Bureau”.
				(j)Real Estate Settlement
			 Procedures Act of 1974Section 5 of the Real Estate Settlement
			 Procedures Act of 1974, as amended by section 1450 of the Dodd-Frank Wall
			 Street Reform and Consumer Protection Act, is amended—
				(1)by striking The
			 Director of the Bureau of Consumer Financial Protection (hereafter in this
			 section referred to as the Director) and inserting
			 The Bureau of Consumer Financial Protection; and
				(2)by striking
			 Director each place such term appears and inserting
			 Bureau.
				(k)S.A.F.E. Mortgage
			 Licensing Act of 2008The
			 S.A.F.E. Mortgage Licensing Act of 2008, as amended by section 1100 of the
			 Consumer Financial Protection Act of 2010, is amended—
				(1)by striking
			 Director each place such term appears in headings and text and
			 inserting Bureau; and
				(2)in section 1503, by
			 striking paragraph (10).
				(l)Title 44, United States
			 CodeSection 3513(c) of title
			 44, United States Code, as amended by section 1100D(b) of the Consumer
			 Financial Protection Act of 2010, is amended by striking Director of the
			 Bureau and inserting Bureau.

		June 16, 2011
		Reported with an amendment, committed to the Committee of
		  the Whole House on the State of the Union, and ordered to be
		  printed


115 HRES 995 EH: Expressing the sense of the House of Representatives that the Nation now faces a more complex and grave set of threats than at any time since the end of World War II, and that the lack of full, on-time funding related to defense activities puts servicemen and servicewomen at risk, harms national security, and aids the adversaries of the United States.
U.S. House of Representatives
2018-07-17
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.

IV
115th CONGRESS
2d Session
H. RES. 995
In the House of Representatives, U. S.,

July 17, 2018

RESOLUTION
Expressing the sense of the House of Representatives that the Nation now faces a more complex and grave set of threats than at any time since the end of World War II, and that the lack of full, on-time funding related to defense activities puts servicemen and servicewomen at risk, harms national security, and aids the adversaries of the United States.

Whereas the United States now faces a more complex set of threats than at any time since the end of World War II;  Whereas the National Defense Strategy released on January 19, 2018, highlights these threats and acknowledges a return to great power competition;
Whereas countries like Russia and China are heavily investing in military modernization and developing capabilities that the United States may not be able to defend against while also expanding their influence across the globe;  Whereas North Korea’s nuclear program continues to be a serious threat;
Whereas the National Defense Strategy states that Iran continues to sow violence and remains the most significant challenge to Middle East stability;  Whereas the National Defense Strategy states that terrorist groups with long reach continue to murder the innocent and threaten peace more broadly;
Whereas the United States continues to fight a war against terrorism and has troops deployed in hostile regions throughout the globe;  Whereas, on January 19, 2018, Secretary of Defense James Mattis stated, As hard as the last 16 years have been on our military, no enemy in the field has done more to harm the readiness of the U.S. military than the combined impact of the Budget Control Act’s defense spending cuts, worsened by us operating, 9 of the last 10 years, under continuing resolutions, wasting copious amounts of precious taxpayer dollars;
Whereas fiscal year 2009 was the last fiscal year the Department of Defense received on-time funding;  Whereas the House of Representatives has passed an annual appropriation bill for the Department of Defense before the start of the next fiscal year in each of those fiscal years;
Whereas article I, section 8 of the Constitution gives Congress the responsibility to provide for the common Defence and general Welfare of the United States and calls on Congress to raise and support Armies and provide and maintain a Navy; and  Whereas Secretaries of Defense appointed by Presidents of both parties have warned about the damage funding uncertainty has on the readiness of our Armed Forces: Now, therefore, be it

That it is the sense of the House of Representatives that— (1)failing to provide our military with full, stable, and on-time funding allows our adversaries to close critical military capability gaps, putting our servicemembers at increased risk, and severely harms our military’s ability to prepare for, deter, and, if needed, defend against these capabilities, putting United States national security at greater risk;
(2)providing full, stable, and on-time funding for the Department of Defense is critically necessary to preventing these increased risks; and  (3)the House of Representatives is committed to ending the funding uncertainty for the Department of Defense and providing the resources United States servicemembers need to defend the Nation, and that the Senate should join the House of Representatives in these efforts.

Karen L. Haas,Clerk.


109 HR 2076 IH: Retired Pay Restoration Act of 2005
U.S. House of Representatives
2005-05-04
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
109th CONGRESS 1st Session
H. R. 2076
IN THE HOUSE OF REPRESENTATIVES

May 4, 2005
Mr. Bilirakis (for himself, Mr. Bradley of New Hampshire, and Mr. Miller of Florida) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.

1.Short titleThis Act may be cited as the Retired Pay Restoration Act of 2005.
2.Eligibility for payment of both retired pay and veterans’ disability compensation for certain military retirees with compensable service-connected disabilities
(a)Extension of concurrent receipt authority to retirees with service-connected disabilities rated less than 50 percent
(1)Repeal of 50 percent requirementSection 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a).
(2)ComputationParagraph (1) of subsection (c) of such section is amended by adding at the end the following new subparagraph:

(G)For a month for which the retiree receives veterans’ disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0..
(b)Repeal of phase-in of concurrent receipt for retirees with service-connected disabilities rated as totalSubsection (a)(1) of such section is amended by striking except that and all that follows and inserting
except—
(A) in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004; and
(B)in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as total by reason of unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2005..
(c)Clerical amendments
(1)The heading for section 1414 of such title is amended to read as follows:

1414.Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation.
(2)The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows:

1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation..
(d)Effective dateThe amendments made by this section shall take effect on January 1, 2006, and shall apply to payments for months beginning on or after that date.
3.Coordination of service eligibility for combat-related special compensation and concurrent receipt
(a)Eligibility for TERA retireesSubsection (c) of section 1413a of title 10, United States Code, is amended by striking entitled to retired pay who— and inserting
who—
(1)is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and
(2) has a combat-related disability..
(b)Amendments to standardize similar provisions
(1)Clerical amendmentThe heading for paragraph (3) of section 1413a(b) of such title is amended by striking rules and inserting rule.
(2)Qualified retireesSubsection (a) of section 1414 of such title, as amended by section 2(a), is amended—
(A)by striking a member or and all that follows through retiree’) and inserting a qualified retiree; and
(B)by adding at the end the following new paragraph:

(2)Qualified retireesFor purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who—
(A)is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and
(B)is also entitled for that month to veterans’ disability compensation..
(3)Disability retireesSubsection (b) of section 1414 of such title is amended—
(A)by striking Special rules in the subsection heading and all that follows through is subject to and inserting Special rule for chapter 61 disability retirees.—In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to; and
(B)by striking paragraph (2).
(c)Effective dateThe amendments made by this section shall take effect on January 1, 2006, and shall apply to payments for months beginning on or after that date.


116 S3999 IS: Mental and Behavioral Health Connectivity Act
U.S. Senate
2020-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3999IN THE SENATE OF THE UNITED STATESJune 18, 2020Mr. King (for himself and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to ensure access to mental health and behavioral health services furnished through telehealth under the Medicare program.1.Short titleThis Act may be cited as the Mental and Behavioral Health Connectivity Act.2.Ensuring access to mental health and behavioral health services furnished through telehealthSection 1834(m) of the Social Security Act (42 U.S.C. 1395m(m)) is amended by adding at the end the following new paragraph:(9)Ensuring access to mental health and behavioral health services furnished through telehealth(A)In generalThe following requirements shall not apply with respect to telehealth services that are mental health or behavioral health services, as determined by the Secretary, furnished on or after January 1, 2021, to an eligible telehealth individual:(i)The requirements described in paragraph (4)(C) (relating to geographic and site requirements for originating sites).(ii)The requirements described in paragraph (4)(E) and section 410.78(b)(2) of title 42, Code of Federal Regulations, or any successor regulations (relating to the types of practitioners that may furnish telehealth services at a distant site).(iii)The requirements described in paragraph (1) and section 410.78(a)(3) of title 42, Code of Federal regulations, or any successor regulations (relating to use of interactive telecommunications systems to furnish telehealth services), but only to the extent that such provisions require use of video technology in order to allow for the use of audio-only equipment.(B)No facility fee if originating site is the homeIn accordance with clause (ii) of paragraph (2)(B), no facility fee shall be paid under such paragraph to an originating site with respect to a telehealth service described in subparagraph (A) if the originating site is the home of an individual..


110 HR 7153 IH: To amend title IV of the Public Health Service Act to

U.S. House of Representatives
2008-09-26
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
		2d Session
		H. R. 7153
		IN THE HOUSE OF REPRESENTATIVES

			September 26, 2008
			Ms. Lee introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend title IV of the Public Health Service Act to
		  create a National Childhood Brain Tumor Prevention Network to provide grants
		  and coordinate research with respect to the causes of and risk factors
		  associated with childhood brain tumors, and for other
		  purposes.

		1.Short titleThis Act may be cited as the National
			 Childhood Brain Tumor Prevention Network Act of 2008.
		2.FindingsCongress finds the following:
			(1)Tumors kill more
			 children than any other disease and brain tumors are the second most common
			 type of cancer in children.
			(2)Childhood brain
			 tumors are the leading cause of death from solid tumors in children.
			(3)There are newly
			 recognized types of brain tumors, as defined by the World Health Organization,
			 and many of these newly recognized types occur in children.
			(4)The causes of the
			 overwhelming majority of childhood brain tumors are unknown.
			(5)Brain tumors have
			 substantial costs for affected children, the families of such children, and
			 society.
			(6)Childhood brain
			 tumors cause significant morbidity and the loss of many years of potential
			 life.
			(7)The prognosis for
			 most childhood brain tumors is dismal and survivors face lasting adverse health
			 effects.
			(8)Because of the relatively low overall
			 incidence of childhood brain tumors, such tumors frequently do not receive
			 sufficient attention and research funding.
			(9)No
			 single institution has a sufficient number of patients to independently conduct
			 research that will adequately address the causes of childhood brain
			 tumors.
			(10)There has been no
			 comprehensive study analyzing all relevant clinical, biological, and
			 epidemiological aspects of childhood brain tumors to identify potential risk
			 factors and determine the cause of such tumors.
			(11)Existing national cooperative clinical
			 oncology groups primarily investigate treatment options and prognosis and do
			 not typically examine the origins of childhood brain tumors or the risk factors
			 associated with such tumors. A significant majority of children with brain
			 tumors are first treated by neurosurgeons and not by oncologists typically
			 involved in such groups.
			3.Sense of
			 CongressIt is the sense of
			 Congress that—
			(1)there is a need to
			 establish a multi-center research effort based on collaboration between
			 regional consortia in order to comprehensively study the causes of childhood
			 brain tumors and identify potential risk factors;
			(2)there is a need to
			 encourage a collaborative effort among surgical and medical centers with
			 epidemiological study groups to gather comprehensive and detailed information
			 for each child enrolled in those groups, in order to investigate environmental,
			 nutritional, genetic, and developmental factors with respect to, and the
			 pathological and epidemiological characteristics of, childhood brain tumors;
			 and
			(3)there is a need to
			 authorize the Director of the National Institutes of Health to coordinate
			 national research efforts of governmental and nongovernmental entities with
			 respect to childhood brain tumors.
			4.Establishment of
			 the National Childhood Brain Tumor Prevention
			 Network
			(a)In
			 generalSubpart 1 of part C
			 of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended
			 by adding at the end the following:

					417F.National
				Childhood Brain Tumor Prevention Network
						(a)Establishment of
				the National Childhood Brain Tumor Prevention Network
							(1)In
				generalNot later than one
				year after the date of the enactment of this section, the Director of NIH,
				acting through the Director of the National Cancer Institute, shall establish,
				administer, and coordinate a National Childhood Brain Tumor Prevention Network
				(hereinafter referred to in this section as the Network) for the
				purposes described in paragraph (2).
							(2)PurposesThe
				purposes of the Network shall be the following:
								(A)Providing grants
				of not fewer than five years duration to eligible consortia for the purpose of
				conducting research with respect to the causes of and risk factors associated
				with childhood brain tumors.
								(B)Assembling a panel of experts, including
				members of the Brain Tumor Epidemiology Consortium and survivors of brain
				tumors, to provide ongoing guidance and recommendations for, with respect to
				research funded by the Network, the development of the following:
									(i)A
				common study design.
									(ii)Standard protocols, methods, procedures,
				and assays for collecting from individuals enrolled as study participants, and
				the parents of such individuals, a minimum data set that includes the
				following:
										(I)Environmental
				exposure data.
										(II)Nutritional
				data.
										(III)Biospecimens,
				including genomic data.
										(IV)Histopathological and molecular
				pathological data and specimens.
										(V)Clinical and
				radiological data.
										(iii)Specific
				analytical methods for examining data.
									(iv)Provisions for
				consensus review of enrolled cases.
									(v)An
				integrated data collection network.
									(C)Designating a
				central laboratory to collect, analyze, and aggregate data with respect to
				research funded by the Network and to make such data and analysis available to
				researchers.
								(3)Eligible
				consortiaTo be eligible for a grant under this section, a
				consortium shall demonstrate the following:
								(A)The capability to
				annually enroll as research participants a minimum of 100 individuals with a
				newly diagnosed childhood brain tumor from the designated catchment area of
				such consortium.
								(B)The capability to
				form a control group by enrolling as research participants, for each enrolled
				individual with a childhood brain tumor, at least two individuals without a
				childhood brain tumor, who are matched demographically to such enrolled
				individual with a childhood brain tumor.
								(C)That the
				designated catchment area of such consortium does not overlap with the
				designated catchment area of a consortium already receiving a grant under this
				section.
								(4)ReportNot later than one year after the date of
				the enactment of this section and annually thereafter, the Director of NIH
				shall submit to Congress a report with respect to the Network, to be made
				publicly available, including a summary of research funded by the Network and a
				list of consortia receiving grants under the Network. At the discretion of the
				Director of NIH, such report may be combined with other similar or existing
				reports.
							(5)Authorization of
				appropriations
								(A)In
				generalThere is authorized
				to be appropriated $25,000,000 for each of fiscal years 2010 through 2014, to
				remain available until expended, to carry out this section.
								(B)Sense of
				CongressIt is the sense of Congress that funds appropriated to
				carry out this section should be in addition to the funds already appropriated
				to carry out the functions of the National Institutes of Health.
								(b)DefinitionsFor
				purposes of this section, the following definitions apply:
							(1)Brain Tumor
				Epidemiology ConsortiumThe term Brain Tumor Epidemiology
				Consortium means the organization with such name formed in 2003 after an
				initial meeting sponsored by the National Cancer Institute’s Division of Cancer
				Epidemiology and Genetics.
							(2)Catchment
				areaThe term catchment area means a defined area
				for which population data are available.
							(3)Childhood brain
				tumorThe term childhood brain tumor means an
				intracranial or spinal cord tumor occurring in an individual under 20 years of
				age.
							(4)ConsortiumThe
				term consortium means a partnership of two or more universities,
				health care organizations, or government agencies, or any combination of such
				entities, serving a designated catchment
				area.
							.
			(b)Technical
			 correction
				(1)In
			 generalSection 3 of the Hematological Cancer Research Investment
			 and Education Act of 2002 (Public Law 107–172; 116 Stat. 541) is amended by
			 striking 419C and inserting 417C.
				(2)Effective
			 dateThe amendment made by
			 paragraph (1) shall take effect as if included in the enactment of the Act
			 referred to in such paragraph.


		II
		112th CONGRESS
		2d Session
		S. 2570
		IN THE SENATE OF THE UNITED
		  STATES

			May 7, 2012
			Mrs. Feinstein
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain
		  mechanics’ work gloves.

		1.Certain mechanics’ work gloves
			(a)In generalSubchapter II of chapter 99 of the
			 Harmonized Tariff Schedule of the United States is amended—
				(1)by striking heading 9902.14.04; and
				(2)by inserting in numerical sequence the
			 following new heading:

									9902.14.04Mechanics’ work gloves, valued over $5.58 per pair but not over
						$7.22 per pair (provided for in subheading 6216.00.58)FreeNo
						changeNo changeOn or before
						12/31/2015

						.
				(b)Amendment to U.S. NoteSubchapter II of chapter 99 is amended by
			 striking the first U.S. Note 18 to such subchapter and inserting after U.S.
			 Note 19 the following new U.S. Note:

					20.For purposes of heading 9902.14.04, the
				term mechanics’ work gloves means gloves having the following
				characteristics: imitation leather palms and fingers with fourchettes; backs
				comprising either one layer of synthetic knitted fabric or three layers with
				the outer layer of synthetic knitted fabric, the center layer of foam and the
				inner layer of tricot
				fabric.
					.
			(c)Effective
			 dateThe amendments made by
			 this section apply to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


117 S2680 IS: Real Corporate Profits Tax Act of 2021
U.S. Senate
2021-08-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2680IN THE SENATE OF THE UNITED STATESAugust 9, 2021Ms. Warren (for herself, Mr. King, Mr. Merkley, Mr. Markey, and Mr. Whitehouse) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to impose a tax on real profits of certain corporations.1.Short titleThis Act may be cited as the Real Corporate Profits Tax Act of 2021.2.Imposition of additional tax on real corporate profits(a)Imposition of tax(1)In generalSubtitle A of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:4ATax on corporate book incomeSec. 1476. Tax on book income. Sec. 1477. Credit for income taxes paid. 1476.Tax on book income(a)In generalIn addition to any other tax, in the case of a corporation, there is imposed a tax for each taxable year on so much of the adjusted net book income of the corporation as exceeds $100,000,000.(b)Amount of taxThe amount of tax imposed under subsection (a) shall be 7 percent.(c)Adjusted net book incomeFor purposes of this section—(1)In generalThe term adjusted net book income means the net income or loss of the taxpayer set forth on the taxpayer's applicable financial statement as required to be reported (or as would have been properly reported if the taxpayer were so required) on the taxpayer’s financial statement net income or loss reconciliation for the fiscal year ending with or within such taxable year, determined without regard to the tax imposed by this section and adjusted as provided in this subsection.(2)Group of entitiesFor purposes of this subsection—(A)if the financial results of a taxpayer are reported on the applicable financial statement for a group of entities, such statement shall be treated as the applicable financial statement of the taxpayer, and(B)if the taxpayer files a consolidated return for any taxable year, adjusted net book income for such taxable year shall take into account items on the taxpayer's applicable financial statement which are properly allocable to members of such group included on such return.(3)Applicable financial statementFor purposes of this subsection, the term applicable financial statement has the meaning given such term under section 451(b)(3).(d)ExceptionSubsection (a) shall not apply to a corporation subject to the tax imposed under subchapter M (relating to regulated investment companies and real estate investment trusts). (e)Application to foreign corporationsIn the case of a foreign corporation, the tax imposed by subsection (a) shall apply only to those items on the taxpayer’s applicable financial statement as are properly allocable to the income of the taxpayer which is effectively connected with the conduct of a trade or business within the United States (as determined under rules similar to the rules in section 882).(f)RegulationsThe Secretary shall prescribe such regulations and guidance as necessary to carry out the purposes of this section, including regulations and guidance related to the application of this section to consolidated financial statements.1477.Credit for income taxes paid(a)In generalIn the case of a taxpayer other than an S corporation, there shall be allowed a credit against the tax imposed by section 1476 for any taxable year an amount equal to 33 percent of so much of the taxpayer’s net regular tax liability for the taxable year as exceeds the product of—(1)the highest rate of tax specified in section 11, and(2)the dollar amount described in section 1476(a).(b)Net regular tax liabilityFor purposes of this section, the term net regular tax liability means the regular tax liability imposed under chapter 1 reduced by the sum of the credits allowable under subparts A, B and D of part IV of subchapter A of chapter 1..(2)Clerical amendmentThe table of chapter for the Internal Revenue Code of 1986 is amended to read as follows:Chapter 4A—Tax on corporate book income.(b)Denial of income tax deductionSection 275(a)(1) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ; and, and by adding at the end the following new paragraph:(4)the tax imposed by chapter 4A..(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


115 SRES 542 ATS: Congratulating the Washington Capitals for winning the 2018 Stanley Cup hockey championship.
U.S. Senate
2018-06-12
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.

		III
		115th CONGRESS
		2d Session
		S. RES. 542
		IN THE SENATE OF THE UNITED STATES

			June 12, 2018
			Mr. Van Hollen (for himself, Mr. Cardin, Mr. Kaine, and Mr. Warner) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the Washington Capitals for winning the 2018 Stanley Cup hockey championship.

 Whereas, on June 7, 2018, the Washington Capitals won the 2018 Stanley Cup hockey championship; Whereas the Capitals, in their 44th year playing in the National Hockey League, won their first Stanley Cup;
 Whereas the Capitals defeated the Vegas Golden Knights in the Stanley Cup Final in 5 games, clinching the series with 4 wins and 1 loss, including 4 wins in a row to close out the series;
 Whereas the Capitals overcame 3 series deficits to 3 opponents en route to the Stanley Cup Final, defeating the Columbus Blue Jackets, the Pittsburgh Penguins, and the Tampa Bay Lightning to clinch the Eastern Conference title and win their second Prince of Wales Trophy;
 Whereas the Capitals became the first team from Washington, DC, in the 4 major professional sports leagues in the United States to win a championship since 1992;
 Whereas the Capitals overcame years of heartbreak to advance past the second round of the Stanley Cup playoffs for the first time since 1998;
 Whereas tens of thousands of Capitals fans watched Game 5 of the Stanley Cup Final outside of Capital One Arena in Washington, DC;
 Whereas Ted Leonsis, chief executive officer of Monumental Sports and owner of the Washington Capitals since 1999, has built a culture of success and contributed greatly to the Washington, DC, community through philanthropy;
 Whereas John Walton, radio announcer for the Capitals, is beloved by Capitals fans and prophetically asserted this playoffs, It’s OK to believe.;
 Whereas Alexander Ovechkin, captain of the Washington Capitals since 2010 and the first overall pick in the 2004 National Hockey League draft, exhibited extraordinary leadership and delivered superstar-caliber play, leading all scorers in the Stanley Cup playoffs with 15 goals and receiving the Conn Smythe Trophy as the most valuable player for the 2018 Stanley Cup playoffs;
 Whereas during the 2018 Stanley Cup playoffs, Braden Holtby recorded a remarkable 0.922 save percentage and 2 shutouts;
 Whereas during the 2018 Stanley Cup playoffs, Evgeny Kuznetsov recorded 32 points, including 12 goals and 20 assists, the second most points scored in a Stanley Cup playoff year since 1997, and was only the fifth player to record 30 or more points in a single Stanley Cup playoff year since 1997;
 Whereas Barry Trotz, head coach of the Capitals, and the entire coaching staff kept the Capitals composed and organized, despite facing obstacles and adversity throughout the regular season and Stanley Cup playoffs; and
 Whereas the entire Capitals roster banded together as one family to contribute to the Stanley Cup victory, including Nicklas Backstrom, Jay Beagle, Travis Boyd, Madison Bowey, Andre Burakovsky, John Carlson, Alex Chiasson, Brett Connolly, Pheonix Copley, Christian Djoos, Lars Eller, Shane Gersich, Philipp Grubauer, Braden Holtby, Jakub Jerabek, Michal Kempny, Evgeny Kuznetsov, Matt Niskanen, Dmitry Orlov, Brooks Orpik, T.J. Oshie, Alex Ovechkin, Devante Smith-Pelly, Chandler Stephenson, Jakub Vrana, Nathan Walker, and Tom Wilson: Now, therefore, be it

 That the Senate— (1)congratulates the Washington Capitals and their dedicated fans for becoming the 2018 National Hockey League Stanley Cup champions; and
 (2)respectfully directs the Secretary of the Senate to transmit an enrolled copy of this resolution to—
 (A)the founder, chairman, majority owner, and chief executive officer of Monumental Sports and owner of the Washington Capitals, Ted Leonsis;
 (B)the senior vice president and general manager of the Washington Capitals, Brian MacLellan; and (C)the head coach of the Washington Capitals, Barry Trotz.


117 HR 3649 IH: Mono Lake Kutzadikaa Tribe Recognition Act
U.S. House of Representatives
2021-06-01
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.

I117th CONGRESS1st SessionH. R. 3649IN THE HOUSE OF REPRESENTATIVESJune 1, 2021Mr. Obernolte (for himself and Mr. Young) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo extend Federal recognition to the Mono Lake Kutzadikaa Tribe, and for other purposes.1.Short titleThis Act may be cited as the Mono Lake Kutzadikaa Tribe Recognition Act .2.FindingsCongress finds as follows:(1)The Mono Lake Kutzadikaa Tribe has existed for time immemorial in the Mono Basin of east-central California and adjacent Nevada.(2)The Mono Lake Kutzadikaa people were first encountered in 1825 by early trappers in the area, but were officially documented by the Federal Government in June 1852 by Army Lieutenant Tredwell Moore, who was in pursuit of hostile Indians in the Yo-Ham-i-te (today Yosemite) Valley, and tracked them through a previously undiscovered pass through the Sierra Mountains that lead to Mono Lake. The pass was later named Mono Pass also known as Tsadoba, after the Indians of that name.(3)The Tribe, like all tribes in California, was not the beneficiary of a reservation through the treaty process and remained landless and without Federal protection in the wake of the California gold rush and other non-Indian encroachment into the Tribe’s aboriginal lands.(4)In 1904, the plight of the Tribe was brought to the attention of the Committee on Indian Affairs by the Northern California Indian Association through a petition and extensive, but not exhaustive, study documenting the landless Indians in California. The study identified the numerous tribal communities in California who were in desperate need of land, as well as Federal support and protection, and the Mono Lake Kutzadikaa community was among those surveyed. As a result of the petition, Congress began to appropriate funding for the purchase of lands in California for the homeless Indians.(5)In 1907, historical members of the Tribe were issued individual allotted lands near Mono Lake under the General Allotment Act. In accordance to the General Allotment Act, allotted lands were only provided to Indians shown to be recognized or entitled to be recognized members of an Indian tribe. The Federal Government determined that Mono Lake Kutzadikaa members met this criteria.(6)In the early 1920s, the Los Angeles Department of Water and Power began purchasing lands throughout Inyo and Mono Counties in its effort to secure a reliable water supply for the expanding city of Los Angeles in southern California. The Mono Lake Kutzadikaa allottees were not immune to the pressures of Los Angeles Department of Water and Power and were encouraged to sell their land, which most did. However, Tribal members remained at Mono Lake working and living on local farms and in some cases squatting on Los Angeles Department of Water and Power or other Federal lands.(7)Although Tribal members were once again landless, they remained under the jurisdiction of the Federal Government and appeared on the Bureau of Indian Affairs census records, their children attended Bureau of Indian Affairs boarding schools, and members received (and do today) health care services, and other Federal benefits and services.(8)Federal representatives worked with the Tribe to no avail in the 1920s and 1930s to secure a land base, and these efforts are well documented in official Bureau of Indian Affairs correspondence and records.(9)In June 1950, Tribal members submitted a petition to the Committee on Interior and Insular Affairs and the Subcommittee on Indian Affairs, requesting an investigation into their living conditions. In the petition, they stated that they hoped that through an investigation, the agencies might appropriate, rehabilitate, or set aside land for us. H.R. Muskrat, a Bureau of Indian Affairs field representative who investigated the conditions of Tribal members, reported to J.M. Stewart, the Bureau of Indian Affairs Area Director for California, that there were no public lands available for the Tribe or its members, and all water resources were owned by the Los Angeles Department of Water and Power.(10)On December 26, 1950, a formal petition was filed before the Indian Claims Commission on behalf of the Northern Paiute Nation, which included various individual Northern Paiute Indians and several reservation tribes, all located in Nevada. The original claim, designated as Docket No. 87, did not include California Paiute tribes from the Owens Valley, Mono Lake, Deep Springs Valley, or Fish Lake Valley. During the course of the liability phase of the trial, expert testimony was introduced correcting the oversight, and on August 8, 1951, an amended petition was filed that included the Tribe and other overlooked California Paiute Nations. Unfortunately, the Commission awarded only meager compensation to individual members and did not provide lands to the Tribe.(11)In 1955, the Tribe submitted a petition to State Senator Charles Brown of Sacramento, California, seeking to establish a reservation that included 66,000 acres of land. The petition rested on a 1912 Presidential Executive order that had set aside lands for the Tribe and other tribes in Inyo and Mono County, but was later withdrawn because the original land identified was unsuitable. The Tribe’s petition was again met with the statement that there was no land available for a reservation.(12)Believing that recognition might lead to land for the Tribe, the Tribe submitted a letter of Intent to Petition for Recognition in 1976 to the Office of Federal Acknowledgment and began working on a petition for recognition, an effort that continues today.(13)In 1977, the Tribe adopted formal Articles of Association to define its enrollment criteria and election of Tribal leaders.(14)Also in 1977, the Tribe petitioned and was recognized by the BIA as an adult Indian community of one-half degree of Indian blood under the Indian Reorganization Act of 1934 (25 U.S.C. 5101 et seq.). However, the Bureau of Indian Affairs made clear that this status did not give Federal recognition to the Tribe. The status did solidify that Tribal members were recognized as Indians and entitled to Federal benefits and services.(15)Even without formal Tribal recognition, the Tribe has remained a political force and the protector of Mono Lake, Kutzapaa’ which is at the center of the Tribe’s culture and history and provided its ancestors with a critical food source. On March 19, 1983, Jessie Durant, a revered Tribal elder, testified before the Subcommittee on Public Lands and National Parks on the importance of Mono Lake to the Mono Lake people and culture. Mono Lake is now known as the Mono Lake Tufa State Natural Reserve thanks in large part to the efforts of the Tribe and the Mono Lake Foundation.(16)On April 28, 1989, the Senate Select Committee on Indian Affairs held hearings in Sacramento, California, on SB 611, a bill to Establish Administrative Procedures to Determine Status of Certain Indian Groups. Tribal member Richard Blaver was invited to and provided testimony on behalf of the Tribe on the difficulties encountered by tribes seeking recognition through the Bureau of Indian Affairs’ administrative acknowledgment process.(17)The Federal agencies that now manage Federal lands, some of which are the ancestral lands of the Tribe, share a deep respect for the Tribe, and acknowledge that the Kutzadikaa members are the aboriginal people of the Mono Basin. Small examples can be seen from the Forest Service, that in 1991 worked with the Tribe in protecting the Tribe’s Indian cemetery located in part on Forest Service lands.(18)In 1993, the Forest Service hosted a dedication in honor of the elders of the Kutzadikaa Tribe by setting aside a grove of Jeffrey pine trees for traditional purposes and designated the area as the Piaga Park. The Forest Service specifically dedicated the trees in honor of the Mono Lake [Kutzadikaa] Elders who have historically harvested the [Piaga] from the area.(19)In 1996, the National Park Service issued a directive to all Yosemite Entrance Station personnel informing them that members of the Tribe were to be granted entrance to the Yosemite National Park at no cost. More recent examples are the ongoing Federal, State, and county agencies consultations with the Tribe on proposed environmental projects, land management planning, and repatriation of Tribal funerary objects and artifacts under the Native American Graves Protection and Repatriation Act when encountered on Federal lands.(20)In 2000, the Tribe partnered with the Mono County Board of Supervisors to seek funding to assist the county in completing a community center in Lee Vining, California. The Tribe was awarded a State Community Development Block Grant from the California Native American Allocation for $475,000, which was used to complete construction of the community center. In exchange for this contribution, the county has dedicated office space to the Tribe and a large meeting room for Tribal general council meetings, and the building is identified as the Mono Lake Indian and Lee Vining Community Center.(21)In 2003, the Tribe adopted a Constitution and other governing documents to formalize its Tribal Government structure, enrollment process, and elections of its leaders. Even without Federal financial assistance to carry out its governmental functions or a land base, the Tribe remains a distinct community both politically and culturally. The Tribe works with its Federal, State, and county agency partners to protect cultural and sacred sites, the environment, Mono Lake, and habitat. In recent years, the Tribe has established the Mono Lake/Yosemite Traditional Walk, which is the revitalization of the walk their ancestors took from Mono Lake to Yosemite in order to trade with and engage with family and neighboring tribes. The Tribe celebrates and honors their elders and veterans through community events and Tribal functions on an annual basis.(22)Federal recognition of the Tribe through this Act is supported by the Mono County Board of Supervisors, all five federally recognized Tribes in Inyo County, the non-federally recognized tribe Southern Sierra Muwuk Nation, and the federally recognized tribes of Tuolumne Band of Me-Wuk Indians, Picayune Rancheria of the Chuckansi Tribe, and the North Fork Rancheria of Mono Indians. Support also comes from the National Park Service, the Sierra Club, Friends of Inyo County, the Anthropology Department of California State University Chico, California Indian Legal Services, and other organizations.3.DefinitionsIn this Act:(1)MemberThe term member means an individual who is enrolled in the Tribe pursuant to the constitution of the Tribe.(2)SecretaryThe term Secretary means the Secretary of the Interior.(3)TribeThe term Tribe means the Mono Lake Kutzadikaa Tribe.4.Federal recognition(a)In generalFederal recognition is extended to the Tribe.(b)Effect of federal lawsExcept as otherwise provided in this Act, all Federal laws (including regulations) of general application to Indians and Indian tribes, including the Act of June 18, 1934 (25 U.S.C. 5101 et seq.; commonly known as the Indian Reorganization Act), shall apply to the Tribe and members.5.Federal services and benefits(a)In generalThe Tribe and each member of the Tribe shall be eligible for all services and benefits provided by the United States to Indians and federally recognized Indian Tribes, without regard to—(1)the existence of a reservation for the Tribe; or(2)the location of the residence of any member on or near an Indian reservation.(b)Service areaFor purposes of the delivery of services and benefits to members, the service area of the Tribe shall be considered to be the counties of Mono and Inyo, in the State of California.6.Reaffirmation of rights(a)In generalNothing in this Act diminishes any right or privilege of the Tribe or any member that existed before the date of the enactment of this Act.(b)Claims of tribeExcept as otherwise provided in this Act, nothing in this Act alters or affects any legal or equitable claim of the Tribe to enforce any right or privilege reserved by, or granted to, the Tribe that was wrongfully denied to, or taken from, the Tribe before the date of the enactment of this Act.(c)Hunting and fishing rightsThe Tribe shall be granted hunting and fishing rights on all Federal lands within its aboriginal land area. Each Federal agency who administers lands within the Tribe’s aboriginal land area shall work with the Tribe so as to accommodate the exercise of its hunting and fishing rights within the agencies existing land use plans, Federal law and governing regulations.7.Membership roll(a)In generalAs a condition of receiving recognition, services, and benefits pursuant to this Act, the Tribe shall submit to the Secretary, by not later than 18 months after the date of the enactment of this Act, a membership roll consisting of the name of each individual enrolled as a member of the Tribe.(b)Determination of membershipThe qualifications for inclusion on the membership roll of the Tribe shall be determined in accordance with section (a) of Article III of the constitution of the Tribe, dated June 23, 2003.(c)Maintenance of rollThe Tribe shall maintain the membership roll.8.Trust land(a)Identification of landThe Secretary shall identify land administered by the Bureau of Land Management that is located in that portion of Mono County that is within the Tribe’s ancestral homelands, sufficient to support the location of Tribal Government administration and services, economic development, and housing.(b)Land into trustAfter the Secretary identifies said land to meet the purposes so described, the Tribe shall request and the Secretary shall accept such lands into trust for the benefit of the Tribe. Nothing in this section shall prevent the Secretary or the Tribe from acquiring land, and the Secretary taking land into trust for the benefit of the Tribe, pursuant to section 5 of the Act of June 18, 1934 (25 U.S.C. 51108; commonly known as the Indian Reorganization Act). For purposes of acquisitions under such Act, the Tribe shall be deemed to have been under Federal jurisdiction in 1934.


		II
		111th CONGRESS
		1st Session
		S. 2647
		IN THE SENATE OF THE UNITED STATES

			November 2, 2009
			Mr. Bunning introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on lithium ion electrical
		  storage battery.

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

								9902.01.00Lithium ion electric storage batteries, certified by the
						importer for use in hybrid electric motor vehicles (provided for in subheading
						8507.80.80)2.4%No changeNo changeOn or before 12/31/2011

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


		I
		112th CONGRESS
		1st Session
		H. R. 1399
		IN THE HOUSE OF REPRESENTATIVES

			April 6, 2011
			Mr. Grimm (for
			 himself and Mr. Bishop of New York)
			 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 permanently
		  extend and expand the additional standard deduction for real property taxes for
		  nonitemizers.

		1.Short titleThis Act may be cited as the
			 Homeowner Tax Fairness Act of
			 2011.
		2.Permanent
			 extension and expansion of additional standard deduction for real property
			 taxes for nonitemizers
			(a)Permanent
			 extensionSubparagraph (C) of section 63(c)(1) of the Internal
			 Revenue Code of 1986 is amended by striking in the case of any taxable
			 year beginning in 2008 or 2009,.
			(b)Removal of
			 dollar limitationParagraph (7) of section 63(c) of such Code is
			 amended to read as follows:

					(7)Real property
				tax deductionFor purposes of paragraph (1), the real property
				tax deduction is equal to the amount allowable as a deduction under this
				chapter for State and local taxes described in section 164(a)(1). Any taxes
				taken into account under section 62(a) shall not be taken into account under
				this
				paragraph.
					.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2009.