		I
		112th CONGRESS
		2d Session
		H. R. 4277
		IN THE HOUSE OF REPRESENTATIVES

			March 28, 2012
			Mr. Conyers
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To establish the National Full Employment Trust Fund to
		  create employment opportunities for the unemployed.

		1.Short titleThis Act shall be cited as the
			 Humphrey-Hawkins 21st Century Full
			 Employment and Training Act of 2012.
		2.Findings and
			 Purpose
			(a)FindingsThe Congress finds the following:
				(1)The Full Employment and Balanced Growth Act
			 of 1978 established an interim 5-year target of 3 percent unemployment for
			 individuals 20 years of age and older, and 4 percent for individuals age 16 and
			 over within 5 years, with full employment to be achieved as soon as
			 practicable thereafter.
				(2)The Federal
			 Government has previously established full employment as a national goal in
			 national legislation, including the Employment Act of 1946 and the Full
			 Employment and Balanced Growth Act of 1978.
				(3)Pursuant to these
			 Acts, the Congress declared it is the continuing policy and responsibility of
			 the Federal Government to use all practicable means to create and maintain
			 conditions which promote useful employment opportunities for all who seek them,
			 including the self-employed. Pursuant to these Acts, the Congress declared and
			 established as a national goal the fulfillment of the right to full
			 opportunities for useful paid employment at fair rates of compensation of all
			 individuals able, willing, and seeking to work.
				(4)The Nation has
			 suffered substantial unemployment and underemployment, and idleness of
			 productive resources over prolonged periods of time, imposing numerous economic
			 and social costs on the Nation.
				(5)The Nation has
			 been deprived of the full supply of goods and services, the full utilization of
			 labor and capital resources, and the related increases in economic well-being
			 that would occur under conditions of genuine full employment.
				(6)The current output
			 of goods and services is insufficient to meet pressing national priorities for
			 infrastructure, transportation, energy, education, health care, child and elder
			 care, and many other necessary public and human services.
				(7)Unemployment and
			 underemployment expose many workers and families to significant, social,
			 psychological and physiological costs, including disruption of family life, the
			 loss of individual dignity and self-respect, and the aggravation of physical
			 and psychological illnesses.
				(8)Persisting
			 unemployment and underemployment have devastating financial consequences,
			 resulting in the loss of income and spending power for families, and
			 interfering with their ability to save and accumulate assets for a secure
			 family life and retirement. High levels of unemployment and inadequate consumer
			 demand also contribute to poor conditions for retail businesses, manufacturers
			 and many other firms to grow and prosper. In the real estate sector, the
			 Congress finds that continuing high levels of unemployment contribute to
			 foreclosures, evictions, and commercial vacancies, undermining the quality of
			 neighborhood and community life, and hampering prospects for economic recovery
			 and national prosperity.
				(9)The historic
			 promise of this earlier legislation has not been fully realized, and we
			 re-declare and reaffirm our support for achieving a national goal of jobs for
			 all at living wages.
				(10)The United States has a duty under Articles
			 55 and 56 of the United Nations Charter to promote “full employment” and the
			 “universal respect for, and observance of, human rights and fundamental
			 freedoms for all without distinction as to race, sex, language, or religion”.
			 The human rights the United States has a duty to promote pursuant to this
			 obligation are set forth in the Universal Declaration of Human Rights. Article
			 23 of the Universal Declaration states that “Everyone has the right to work”
			 and to “just and favorable remuneration” that insures for his or her family “an
			 existence worthy of human dignity, and supplemented, if necessary, by other
			 means of social protection”.
				(11)The Congress has
			 a strong interest in seeking the progressive reduction and elimination of job
			 disparities among groups of workers who experience chronically higher rates of
			 unemployment and underemployment.
				(12)Even at the top of the business cycle, when
			 national unemployment rates drop to the 4 percent to 5 percent range, job
			 vacancy surveys show that the economy does not provide enough jobs to employ
			 everyone who wants to work. Reliance on direct job creation to close the
			 economy’s job gap is especially important at such times, because it provides a
			 means of creating additional jobs without adding significantly to inflationary
			 pressures, a very difficult goal to achieve at the top of the business cycle
			 via macroeconomic policy interventions.
				(13)The Congress
			 intends to maximize the creation of private, public and nonprofit sector jobs
			 through improved use of general economic and structural policies, including
			 measures to encourage private sector investment and capital formation; an
			 increased public investment in research and development, infrastructure,
			 energy, education, public services and the environment, and other essential
			 goods and services.
				(b)PurposeIt
			 is the purpose of the Humphrey Hawkins 21st Century Full Employment and
			 Training Act to expedite progress to fulfill the right to useful work at living
			 wages for all persons seeking employment, as promptly as possible and at the
			 earliest practicable date by establishing a Full Employment Trust Fund to fund
			 and operate a national program of public service employment and to provide
			 additional labor market opportunities to complement those offered by the
			 existing private, public, and nonprofit sectors.
			3.DefinitionsIn this Act the following definitions
			 apply:
			(1)Indian
			 tribeThe term Indian
			 tribe has the meaning given such term in section 102(17) of the Housing
			 and Community Development Act (42 U.S.C. 5302(17)).
			(2)SecretaryThe
			 term Secretary means the Secretary of Labor.
			(3)Small
			 businessThe term small
			 business has the meaning given the term small business
			 concern under section 3 of the Small Business Act (15 U.S.C.
			 632).
			(4)StateThe term State has the meaning
			 given such term in section 102(2) of the Housing and Community Development Act
			 (42 U.S.C. 5302(2)).
			(5)Trust
			 fundThe term Trust
			 Fund refers to the Full Employment Trust Fund established under section
			 4.
			(6)Unit of general
			 local governmentThe term
			 unit of general local government has the meaning given such term
			 in section 102(1) of the Housing and Community Development Act (42 U.S.C.
			 5302(1)).
			(7)Urban
			 countyThe term urban
			 county has the meaning given such term in section 102(6) of the Housing
			 and Community Development Act (42 U.S.C. 5302(6)).
			4.Establishment Of
			 Full Employment National Trust Fund
			(a)In
			 generalThe Secretary shall
			 establish a Full Employment National Trust Fund (in this Act referred to as the
			 Trust Fund) for the purposes of—
				(1)providing funding for the Employment
			 Opportunity Grants established in section 5; and
				(2)issuing funds to the Secretary to fund
			 programs under the Workforce Investment Act of 1998 (29 U.S.C. 2801 et
			 seq.).
				(b)Financing the
			 Trust FundSubject to the
			 availability of appropriations for this purpose, the Secretary of the Treasury
			 shall annually make available to the Secretary of Labor for deposit into the
			 Trust Fund an amount equal to the amount collected for that year through the
			 tax described in section 4475 of the Internal Revenue Code of 1986, as added by
			 section 8.
			(c)Loans from the
			 Federal Reserve System
				(1)In
			 generalIf the amount available in the Trust Fund for allocation
			 under section 5 is insufficient to prevent the national unemployment rate from
			 rising more than one full percentage during a fiscal year in which the national
			 unemployment rate is increasing, the Board of Governors of the Federal Reserve
			 System shall lend such additional amounts to the Trust Fund as are necessary to
			 allow the Secretary of Labor to make such additional allocations under section
			 5 as are necessary to restore the national unemployment rate to its allowable 1
			 percent range of upward variation.
				(2)RepaymentAmounts lent to the Trust Fund by the Board
			 of Governors of the Federal Reserve System under
			 paragraph (1) shall be repaid by the
			 Trust Fund over 10 years, with interest payable at the same average rate the
			 Federal Government contracts to pay on 10-year bonds sold during the period
			 beginning 45 days prior to the date the loans were made to the Trust Fund and
			 ending 45 days following such date.
				(d)Separate Trust
			 Fund AccountsThe Trust Fund
			 shall consist of 2 separate accounts as follows:
				(1)One account shall
			 consist of 67 percent of the funds made available for deposit under subsection
			 (b) and shall be for the Employment Opportunity Grants established in section
			 5.
				(2)The other account shall consist of 33
			 percent of the funds made available for deposit under subsection (b) and shall
			 be available to the Secretary to fund programs under the Workforce Investment
			 Act of 1998 (29 U.S.C. 2801 et seq.).
				(e)Web
			 SiteThe Secretary shall establish an Internet Web site to serve
			 as an information clearinghouse for job training and employment opportunities
			 funded by the Trust Fund.
			(f)Training
			 stipendThe Secretary shall promulgate regulations to encourage
			 entities that receive funds under programs under the Workforce Investment Act
			 of 1998 (20 U.S.C. 2801 et seq.) that are funded by the account described in
			 subsection (c)(2) to, whenever possible, establish a training stipend for
			 individuals who participate in such programs.
			5.Employment
			 opportunity grants to States, local governments, and Indian tribes
			(a)Employment
			 grants contingent on level of unemployment
				(1)First
			 yearSubject to the
			 availability of funds in the Trust Fund for activities under this section, if,
			 at the beginning of a month in the first fiscal year for which funds are
			 available in the Trust Fund for activities under this section, the United
			 States has unemployment according to the most recent monthly publications of
			 the Bureau of Labor Statistics of the Department of Labor, the Secretary shall
			 make grants for such month to States, unit of general local governments, or
			 Indian tribes to carry out activities in accordance with this section. The
			 total amount awarded under this paragraph for such fiscal year shall not exceed
			 90 percent of the funds available in the Trust Fund for such fiscal
			 year.
				(2)Succeeding
			 yearsSubject to the
			 availability of funds in the Trust Fund for activities under this section, if,
			 at the beginning of a fiscal year subsequent to the fiscal year described in
			 paragraph (1), the United States has
			 unemployment according to the most recent monthly publications of the Bureau of
			 Labor Statistics of the Department of Labor, the Secretary shall make grants
			 for such fiscal year to States, units of general local government, Indian
			 tribes, or community-based organizations to carry out activities in accordance
			 with this section. The total amount awarded under this paragraph for a fiscal
			 year shall not exceed 90 percent of the funds available in the Trust Fund for
			 such fiscal year.
				(b)PurposeGrants
			 made under this section shall be for creating employment opportunities for
			 unemployed and underemployed individuals in activities designed to address
			 community needs and reduce disparities in health, housing, education, job
			 readiness, and public infrastructure that have impeded these communities from
			 realizing their full economic potential.
			(c)Use of
			 fundsA recipient of a grant under this section shall use the
			 grant for the following purposes:
				(1)Construction,
			 re-construction, rehabilitation, and site improvements of residences or public
			 facilities, including improvements in the energy efficiency or environmental
			 quality of such public facilities or residences.
				(2)Provision of human
			 services, including child care services, health care services, education, or
			 recreational programs.
				(3)The remediation
			 and demolition of vacant and abandoned properties to eliminate blight.
				(4)Programs that
			 provide disadvantaged youth with opportunities for employment, education,
			 leadership development, entrepreneurial skills development, and
			 training.
				(5)The painting and
			 repair of schools, community centers, and libraries.
				(6)The restoration
			 and revitalization of abandoned and vacant properties to alleviate blight in
			 distressed and foreclosure-affected areas of a unit of general local
			 government.
				(7)The expansion of
			 emergency food programs to reduce hunger and promote family stability.
				(8)The augmentation
			 of staffing in Head Start, child care, and other early childhood education
			 programs to promote school readiness and early literacy.
				(9)The renovation and
			 enhancement of maintenance of parks, playgrounds, and other public
			 spaces.
				(10)Supplemental
			 labor for existing federally or State-funded infrastructure projects.
				(11)Supplemental
			 labor for existing federally or State-funded projects aimed at expanding access
			 to broadband or wireless Internet service.
				(12)Other activities that address public needs
			 and which can be implemented as quickly as the activities described in
			 paragraphs (1) through (11).
				(d)Consultation
			 requiredEach grant recipient
			 shall consult with community leaders, including labor organizations, nonprofit
			 community-based organizations, local government officials, and local residents
			 to—
				(1)assess the needs
			 of the community served by the grant recipient;
				(2)determine sectors
			 of the local economy that are in need of employees;
				(3)make
			 recommendations for new employment opportunities in the areas described in
			 subsection (c); and
				(4)assess the
			 effectiveness of job placements made under this Act.
				(e)ConditionsAs
			 a condition of receiving a grant under this section, a grant recipient
			 shall—
				(1)agree to comply
			 with the nondiscrimination policy set forth under section 109 of the Housing
			 and Community Development Act of 1974 (42 U.S.C. 5309);
				(2)with respect to the funds allocated for
			 each project funded under the grant—
					(A)allocate not less
			 than 80 percent for wages, benefits, and support services, including child care
			 services, for individuals, including supervisory and management personnel,
			 employed on such project; and
					(B)allocate the
			 remaining funds to defray the nonlabor costs of the project, including
			 necessary capital goods, supplies, materials, rental payments, transportation
			 costs, and other similar expenses;
					(3)use revenue generated by a project funded
			 under the grant (whether in the form of fees paid for services provided by the
			 project, reimbursements for expenses incurred in undertaking the project, or
			 income from the sale of goods or services produced by the project) in excess of
			 the costs of the project to—
					(A)supplement the project budget; or
					(B)support other
			 projects funded by the grant in conformity with the purposes of this Act and
			 subject to the same rules and requirements that apply to other such
			 projects;
					(4)ensure that
			 employment on any project funded under the grant is carried out in accordance
			 with subsection (c);
				(5)institute an
			 outreach program with community organizations and service providers in
			 low-income communities to provide information about placements funded under the
			 grant to individuals suited to perform community infrastructure work;
			 and
				(6)ensure that not
			 less than 35 percent of individuals employed under the grant are individuals
			 described in paragraph (4)(B) of subsection (f).
				(f)Employment
			 describedEmployment funded under this section shall meet the
			 following specifications:
				(1)Any employer that
			 employs an individual whose employment is funded under the grant shall—
					(A)continue to employ such individual for not
			 less than 12 months, subject to the individual’s satisfactory performance of
			 the reasonable requirements of the individual’s employment;
					(B)if such an individual desires full-time
			 employment, employ such individual for not less than 35 hours per week and not
			 more than 40 hours, and if such an individual desires part-time work, employ
			 such individual for a mutually agreed number of hours per week that is less
			 than 35 hours per week;
					(C)comply with
			 responsible contractor standards, as determined by the relevant official in the
			 unit of local general government;
					(D)provide compensation to such individual on
			 a per hour basis equal to the compensation provided to public sector employees
			 who perform similar work in the community where such individual is employed or,
			 if no public sector employees perform such similar work, provide compensation
			 to such individual that is comparable to the compensation provided to
			 private-sector employees who perform similar work in the community where such
			 individual is employed;
					(E)if such employment
			 is in construction, provide compensation to any laborer or mechanic employed
			 under the grant at rates not less than those prevailing on similar construction
			 in the locality as determined by the Secretary in accordance with subchapter IV
			 of chapter 31 of title 40, United States Code; and
					(F)offer assistance to such individual in
			 applying for social benefits for which such individual or the members of such
			 individual’s family may be eligible.
					(2)No individual
			 whose employment is funded under the grant may work for an employer at which a
			 collective bargaining agreement is in effect covering the same or similar work,
			 unless—
					(A)the consent of the
			 union at such employer is obtained; and
					(B)negotiations have
			 taken place between such union and the employer as to the terms and conditions
			 of such employment.
					(3)(A)(i)An employer may not
			 employ an individual for a position funded under this Act, if—
							(I)employing such individual will result in
			 the layoff or partial displacement (such as a reduction in hours, wages, or
			 employee benefits) of an existing employee of the employer; or
							(II)such individual will perform the same or
			 substantially similar work that had previously been performed by an employee of
			 the employer—
								(aa)has been laid off or partially
			 displaced (as such term is described in subclause (I)); and
								(bb)has not been offered by the employer,
			 to be restored to the position the employee had immediately prior to being laid
			 off or partially displaced.
								(ii)For the purposes of this paragraph, a
			 position shall be considered to have been eliminated by an employer if the
			 position has remained unfilled and the unit or organization has not sought to
			 fill such position for at least a period of one month.
						(iii)An individual may not be hired for a
			 position funded under this Act in a manner that infringes upon the promotional
			 opportunities of an existing employee (as of the date of such hiring) of an
			 employer receiving funds under this Act.
						(B)A community-based organization
			 receiving funds under this Act may not use such funds to provide services or
			 functions that are customarily provided by a unit of general local government
			 where such services or functions are provided by the organization.
					(4)An individual hired to fill a job funded
			 under this Act shall register with and be certified by the appropriate State
			 employment service as eligible for such employment and shall satisfy at least
			 one of the following conditions as of the date the individual is so
			 hired:
					(A)The individual is
			 receiving unemployment insurance benefits.
					(B)The individual is
			 unemployed, a member of a targeted group as defined by section 51(d) of the
			 Internal Revenue Code of 1986, and has been seeking employment, with the
			 assistance of the State employment service, for not less than 30 days prior to
			 the date on which the individual is so hired.
					(C)The individual is
			 unemployed and seeking employment, with the assistance of the State employment
			 service, for not less than 60 days prior to the date the individual is so
			 hired.
					(D)The individual has
			 been employed part-time while seeking full-time employment with the assistance
			 of the State employment service for not less than 13 weeks prior to the date
			 the individual is so hired.
					(5)An individual employed in a job funded
			 under this Act shall—
					(A)notwithstanding
			 the individual’s employment in a job funded under this Act, be registered with
			 the appropriate State employment service as available for and seeking
			 work;
					(B)respond
			 appropriately, as a person available for and seeking employment, to referrals
			 by the State employment service concerning available jobs;
					(C)apply for suitable
			 jobs for which the individual has been referred by the State employment
			 service; and
					(D)accept a suitable
			 job if such job is offered to the individual.
					For purposes
			 of subparagraphs (C) and (D), the term suitable job means a job
			 that a newly unemployed individual receiving unemployment insurance benefits
			 would be required to accept in order to avoid forfeiting the individual’s
			 eligibility for continued receipt of unemployment insurance benefits under the
			 laws of the State in which the individual is employed in a job funded under
			 this Act.(6)An individual
			 employed in a job funded under this Act who terminates that employment in order
			 to accept other employment, and who subsequently is terminated from that other
			 employment without fault on the individual’s part, shall be eligible for
			 immediate reemployment in a job funded under this Act.
				(7)In hiring individuals for positions funded
			 under this Act, or using funds under this Act to continue to provide employee
			 compensation for existing employees, an employer shall comply with all
			 applicable Federal, State, and local laws, personnel policies and regulations,
			 and collective bargaining agreements, as if such individual was hired, or such
			 employee compensation were provided, without assistance under this Act.
				(8)An individual hired for a position funded
			 under this Act shall—
					(A)be considered an
			 employee of the employer, by which such individual was hired; and
					(B)receive the same
			 employee compensation, have the same rights and responsibilities and job
			 classifications, and be subject to the same job standards, employer policies,
			 and collective bargaining agreements as if such individual were hired without
			 assistance under this Act.
					(g)Award of
			 Grants
				(1)Selection
			 criteriaIn selecting a project to receive funding for employing
			 the individuals described in subsection (f)(4), a grant recipient shall
			 consider—
					(A)the input of all
			 participants in a proposed project, including labor organizations, community
			 organizations, and employers;
					(B)the needs of the
			 community intended to benefit from such project;
					(C)the long-term
			 goals and short-term objectives to address such needs; and
					(D)any
			 recommendations for programs and activities developed to meet such
			 needs.
					(2)Priority given
			 to certain projectsA grant recipient under this section shall
			 give priority to projects that—
					(A)serve areas with
			 the greatest level of economic need, determined for each such area by—
						(i)the
			 unemployment rate;
						(ii)the
			 rate of poverty;
						(iii)the number of
			 census tracts with concentrated poverty;
						(iv)the
			 lowest median income;
						(v)the
			 percentage of vacant and abandoned properties;
						(vi)the
			 percentage of home foreclosures; and
						(vii)the indicators
			 of poor resident health, including high rates of chronic disease, infant
			 mortality, and life expectancy;
						(B)integrate
			 education and job skills training, including basic skills instruction and
			 secondary education services;
					(C)coordinate to the
			 maximum extent feasible with pre-apprenticeship and apprenticeship programs;
			 and
					(D)provide jobs in
			 sectors where job growth is most likely, as determined by the Secretary, and in
			 which career advancement opportunities exist to maximize long-term, sustainable
			 employment for individuals after employment funded under this Act ends.
					(h)Allocation of
			 Grants
				(1)Grants for
			 Indian tribes and deposits into discretionary fundNot more than
			 5 percent of the funds available in the Trust Fund for activities under this
			 section for any fiscal year shall be reserved for grants to Indian tribes and
			 for deposit into a discretionary fund established by the Secretary for national
			 demonstration projects and multi-jurisdictional projects.
				(2)Grants to
			 statesNot more than 30
			 percent of the funds available in the Trust Fund for activities under this
			 section for any fiscal year shall be allocated to States to distribute to units
			 of general local government that do not qualify for funds under paragraph
			 (3).
				(3)Grants to units
			 of general local governmentGrant funds that are not reserved
			 under paragraphs (1) and (2) shall be allocated to metropolitan cities and
			 urban counties using the formula under section 106(b) of the Housing and
			 Community Development Act of 1974 (42 U.S.C. 5306(b)).
				(i)Reports
				(1)Reports by grant
			 recipientsNot later than 90 days after the last day of each
			 fiscal year in which assistance under this section is furnished, a recipient of
			 a grant under this section shall submit to the Secretary a report containing
			 the following:
					(A)A description of
			 the progress made in accomplishing the objectives of this chapter.
					(B)A summary of the
			 use of the grant during the preceding fiscal year.
					(C)For units of
			 general local government, a listing of each entity receiving funds and the
			 amount of such grants, as well as a brief summary of the projects funded for
			 each such unit, the extent of financial participation by other public or
			 private entities, and the impact on employment and economic activity of such
			 projects during the previous fiscal year.
					(D)For States, a
			 listing of each unit of general local government receiving funds and the amount
			 of such grants, as well as a brief summary of the projects funded for each such
			 unit, the extent of financial participation by other public or private
			 entities, and the impact on employment and economic activity of such projects
			 during the previous fiscal year.
					(E)The amount of
			 money received and expended during the fiscal year.
					(F)The number of
			 individuals assisted under the grant whose household income is low-income, very
			 low-income, or extremely low-income (as such terms are used for purposes of the
			 Housing Act of 1937 and the regulations thereunder (42 U.S.C. 1437 et
			 seq.)).
					(G)The amount
			 expended on administrative costs during the fiscal year.
					(2)Report to
			 CongressAt least once every 6 months, the Secretary shall submit
			 to Congress a report on the use of grants awarded under this section and any
			 progress in job creation.
				(j)Establishment of
			 arbitration procedure
				(1)In
			 generalEach grant recipient under this section shall agree to
			 the arbitration procedure described in this subsection to resolve disputes
			 described in subsections (k) and (l).
				(2)Written
			 grievances
					(A)In
			 generalIf an employee (or an employee representative) wishes to
			 use the arbitration procedure described in this subsection, such party shall
			 file a written grievance within the time period required under subsection (k)
			 or (l), as applicable, simultaneously with the chief executive officer of a
			 unit or State involved in the dispute and the Secretary.
					(B)In-person
			 meetingNot later than 10 days after the date of the filing of
			 the grievance, the chief executive officer (or the designee of the chief
			 executive officer) shall have an in-person meeting with the party to resolve
			 the grievance.
					(3)Arbitration
					(A)SubmissionIf
			 the grievance is not resolved within the time period described in paragraph
			 (2)(B), a party, by written notice to the other party involved, may submit such
			 grievance to binding arbitration before a qualified arbitrator who is jointly
			 selected and independent of the parties.
					(B)Appointment by
			 SecretaryIf the parties cannot agree on an arbitrator within 5
			 days of submitting the grievance to binding arbitration under subparagraph (A),
			 one of the parties may submit a request to the Secretary to appoint a qualified
			 and independent arbitrator. The Secretary shall appoint a qualified and
			 independent arbitrator within 15 days after receiving the request.
					(C)HearingUnless
			 the parties mutually agree otherwise, the arbitrator shall conduct a hearing on
			 the grievance and issue a decision not later than 30 days after the date such
			 arbitrator is selected or appointed.
					(D)Costs
						(i)In
			 generalExcept as provided in clause (ii), the cost of an
			 arbitration proceeding shall be divided evenly between the parties to the
			 arbitration.
						(ii)ExceptionIf
			 a grievant prevails under an arbitration proceeding, the recipient of a grant
			 under this section shall pay the cost of such proceeding, including attorneys’
			 fees.
						(k)Disputes
			 concerning the allotment of fundsIn a case where a unit of general local
			 government that is an entitlement community or a State has improperly requested
			 funds for services or functions to be provided by a community-based
			 organization that are customarily provided by the unit or, in the case of a
			 State, by a unit located in the nonentitlement area of the State where services
			 or functions will be provided by the organization, an employee or employee
			 representative of the unit or State may file a grievance under subsection (j)
			 not later than 15 days after public notice of an intent to submit an
			 application under this section is published. Upon receiving a copy of the
			 grievance, the Secretary shall withhold the funds subject to such grievance,
			 unless and until the grievance is resolved under subsection (j), by the parties
			 or an arbitrator in favor of providing such funding.
			(l)All other
			 disputes
				(1)In
			 generalIn the case of a dispute not covered under subsection (k)
			 concerning compliance with the requirements of this section by a recipient of a
			 grant under this section, an employee or employee representative of the unit or
			 State may file a grievance under subsection (k) not later than 90 days after
			 the dispute arises. In such cases, an arbitrator may award such remedies as are
			 necessary to make the grievant whole, including the reinstatement of a
			 displaced employee or the payment of back wages, and may submit recommendations
			 to the Secretary to ensure further compliance with the requirements of this
			 title, including recommendations to suspend or terminate funding, or to require
			 the repayment of funds received under this title during any period of
			 noncompliance.
				(2)Existing
			 grievance proceduresA party
			 to a dispute described in paragraph (1) may use the existing grievance
			 procedure of a recipient of a grant under this section, or the arbitration
			 procedure described in this subsection, to resolve such dispute.
				(m)Party
			 definedFor purposes of subsections (j), (k), and (l), the term
			 party means the employee and the recipient of a grant under this
			 section, involved in a dispute described in subsection (k) or (l).
			(n)Whistleblower
			 Hotline; Enforcement by the Secretary
				(1)Whistleblower
			 hotlineThe Secretary shall post on a publicly accessible
			 Internet Web site of the Department of Labor the contact information for
			 reporting noncompliance with this title by a State, unit of general local
			 government, community-based organization, or individual receiving funding under
			 this title.
				(2)Enforcement by
			 the Secretary
					(A)In
			 generalIf the Secretary receives a complaint alleging
			 noncompliance with this title, the Secretary may conduct an investigation and
			 after notice and an opportunity for a hearing, may order such remedies as the
			 Secretary determines appropriate, including—
						(i)withholding
			 further funds under this title to a noncompliant entity;
						(ii)requiring the
			 entity to make an injured party whole; or
						(iii)requiring the
			 entity to repay to the Secretary any funds received under this title during any
			 period of noncompliance.
						(B)Recommendation
			 by an arbitratorA remedy described in subparagraph (A) may also
			 be ordered by the Secretary upon recommendation by an arbitrator appointed or
			 selected under this section.
					6.National
			 Employment Conference
			(a)In
			 generalThe Secretary shall
			 convene a national employment conference not later than 1 year after the date
			 of enactment of this Act, to bring together leaders of small, medium, and large
			 businesses, labor, government, and all other interested parties.
			(b)SubjectThe
			 subject of the conference shall be employment, with particular attention to
			 structural unemployment and the plight of disadvantaged youth. The conference
			 shall also focus on issues such as adequate and effective incentives for
			 employers to hire the long-term unemployed.
			7.Inclusion of
			 minority-serving, community-based organizations in WIA State and local
			 workforce investment Boards
			(a)State
			 BoardsSection
			 111(b)(1)(C)(v) of the Workforce Investment Act of 1998 (29 U.S.C.
			 2821(b)(1)(C)(v)) is amended by inserting before the semicolon
			 (including not less than 25 percent of the chief executive officers of
			 minority-serving, community-based organizations).
			(b)Local
			 BoardsSection
			 117(b)(2)(A)(iv) of such Act (29 U.S.C. 2832(b)(2)(A)(iv)) is amended by
			 inserting , and not less than 25 percent of the chief executive officers
			 of minority-serving, community-based organizations after
			 present.
			8.Tax on securities
			 transactions
			(a)In
			 generalChapter 36 of the Internal Revenue Code of 1986 is
			 amended by inserting after subchapter B the following new subchapter:

					CTax on Securities
				Transactions

							Sec. 4475. Tax on securities transactions.

						4475.Tax on
				securities transactions
							(a)Imposition of
				tax
								(1)StocksThere is hereby imposed a tax on each
				covered transaction in a stock contract of 0.25 percent of the value of the
				instruments involved in such transaction.
								(2)FuturesThere
				is hereby imposed a tax on each covered transaction in a futures contract of
				0.02 percent of the value of the instruments involved in such
				transaction.
								(3)SwapsThere
				is hereby imposed a tax on each covered transaction in a swaps contract of 0.02
				percent of the value of the instruments involved in such transaction.
								(4)Credit default
				swapsThere is hereby imposed a tax on each covered transaction
				in a credit default swaps contract of 0.02 percent of the value of the
				instruments involved in such transaction.
								(5)OptionsThere
				is hereby imposed a tax on each covered transaction in an options contract with
				respect to a transaction described in paragraph (1), (2), (3), or (4)
				of—
									(A)the rate imposed
				with respect to such underlying transaction under paragraph (1), (2), (3), or
				(4) (as the case may be), multiplied by
									(B)the premium paid
				on such option.
									(b)Exception for
				retirement accounts, etcNo
				tax shall be imposed under subsection (a) with respect to any stock contract,
				futures contract, swaps contract, credit default swap, or options contract
				which is held in any plan, account, or arrangement described in section 220,
				223, 401(a), 403(a), 403(b), 408, 408A, 529, or 530.
							(c)Exception for
				interests in mutual fundsNo tax shall be imposed under
				subsection (a) with respect to the purchase or sale of any interest in a
				regulated investment company (as defined in section 851) or of any derivative
				of such an interest.
							(d)By whom
				paid
								(1)In
				generalThe tax imposed by
				this section shall be paid by—
									(A)in the case of a
				transaction which occurs on a trading facility located in the United States,
				such trading facility, or
									(B)in any other case,
				the purchaser with respect to the transaction.
									(2)Withholding if
				buyer is not a United States personSee section 1447 for
				withholding by seller if buyer is a foreign person.
								(e)Covered
				transactionThe term covered transaction means any
				purchase or sale if—
								(1)such purchase or
				sale occurs on a trading facility located in the United States, or
								(2)the purchaser or
				seller is a United States person.
								(f)AdministrationThe
				Secretary shall carry out this section in consultation with the Securities and
				Exchange Commission and the Commodity Futures Trading
				Commission.
							.
			(b)WithholdingSubchapter
			 A of chapter 3 of such Code is amended by adding at the end the following new
			 section:

					1447.Withholding on
				securities transactions
						(a)In
				generalIn the case of any
				outbound securities transaction, the transferor shall deduct and withhold a tax
				equal to the tax imposed under section 4475 with respect to such
				transaction.
						(b)Outbound
				securities transactionFor purposes of this section, the term
				outbound securities transaction means any covered transaction to
				which section 4475(a) applies if—
							(1)such transaction
				does not occur on a trading facility located in the United States, and
							(2)the purchaser with
				respect to such transaction is not a United States
				person.
							.
			(c)Clerical
			 amendments
				(1)The table of
			 subchapters for chapter 36 of the Internal Revenue Code of 1986 is amended by
			 inserting after the item relating to subchapter B the following new
			 item:

							Subchapter C. Tax on Securities
				Transactions

						.
				(2)The table of
			 sections for subchapter A of chapter 3 of such Code is amended by adding at the
			 end the following new item:

							Sec. 1447. Withholding on securities
				transactions.

						.
				(d)Effective
			 dateThe amendments made by this section shall apply to
			 transactions occurring more than 180 days after the date of the enactment of
			 this Act.


114 HR 3751 IH: Federal Student Loan Refinancing Act
U.S. House of Representatives
2015-10-09
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.

		I
		114th CONGRESS
		1st Session
		H. R. 3751
		IN THE HOUSE OF REPRESENTATIVES

			October 9, 2015
			Mr. Peters (for himself, Ms. Judy Chu of California, Mr. Vargas, Mr. Higgins, Mr. Rush, Mr. Honda, Mr. Brendan F. Boyle of Pennsylvania, Ms. Jackson Lee, Mr. Crowley, and Mr. Pocan) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To allow certain student loan borrowers to refinance Federal student loans.

 1.Short titleThis Act may be cited as the Federal Student Loan Refinancing Act. 2.Student loan consolidationSection 459B of the Higher Education Act of 1965 (20 U.S.C. 1087i–2) is amended—
 (1)in subsection (a)(3), by striking section and inserting subsection; (2)in subsection (b), by striking this section and inserting subsection (a) each place the term appears; and
 (3)by inserting at the end the following:  (c)Temporary Loan Consolidation Authority for certain loans made after July 1, 2006 (1)Loan consolidation authority (A)In GeneralA borrower who has 1 or more loans in a category described in subparagraph (B) may consolidate all of the loans of the borrower that are described in subparagraph (B) into a Federal Direct Consolidation Loan during the period described in subparagraph (C).
 (B)Categories of loans that may be consolidatedThe categories of loans that may be consolidated under subparagraph (A) are loans made on or after July 1, 2006, that are—
 (i)loans made under this part; (ii)loans purchased by the Secretary pursuant to section 459A; and
 (iii)loans made under part B that are held by an eligible lender, as such term is defined in section 435(d).
								(C)Time period in which loans may be consolidated
 (i)Federal Direct LoansIn the case of a borrower who has 1 or more loans described under subparagraph (B)(i), the Secretary shall—
 (I)consolidate the loans described under subparagraph (B)(i) not later than 90 days after the date of enactment of the Federal Student Loan Refinancing Act; and
 (II)notify the borrower, in writing, prior to such consolidation that— (aa)the borrower's loans under this part have been consolidated at a lower interest rate; and
 (bb)the borrower's repayment plan and the other terms and conditions of the borrower's loan remain unchanged.
 (ii)Other LoansIn the case of a borrower who has 1 or more loans described under clause (ii) or (iii) of subparagraph (B), the Secretary shall—
 (I)initiate the loan consolidation process for the loans described under clause (ii) or (iii) of subparagraph (B), not later than 90 days after the date of enactment of the Federal Student Loan Refinancing Act, by sending a completed loan consolidation application to the borrower;
 (II)notify the borrower, as part of such application, that a fee will be assessed and that the interest rate of the Federal Direct Consolidation Loan will be set in accordance with paragraph (2); and
 (III)notify the borrower, as part of such application, that if the borrower wishes to consolidate in accordance with the completed application, the borrower must endorse the application and submit the application to the Secretary not more than 6 months after receipt of the application.
 (2)Terms of loansThe following terms and conditions shall apply to a Federal Direct Consolidation Loan made under this subsection:
 (A)The applicable rate of interest on a Federal Direct Consolidation Loan made under this subsection shall be—
 (i)4 percent; or (ii)in a case in which the weighted average of the interest rates on the outstanding loans of a borrower that will be consolidated is less than 4 percent, the lesser of—
 (I)the weighted average of the interest rates on the outstanding loans of a borrower that will be consolidated; or
 (II)a rate of interest equal to— (aa)4 percent; minus
 (bb)0.4 percent of the principal balance of the consolidation loan, at the time of consolidation. (B)In the case of a loan consolidated under paragraph (1)(C)(ii), an origination fee equal to 0.4 percent of the principal balance of the consolidation loan, at the time of consolidation, will be added to the principal balance of the loan, and the Secretary shall use the fee to cover the cost of making and servicing the loan.
 (C)If 1 or more of the loans being consolidated is a loan described under paragraph (1)(B)(iii), the interest rate on the Federal Direct Consolidation Loan under this subsection shall be reduced by 0.25 percent.
 (D)Any benefit a borrower is receiving or earning at the time a Federal Direct Consolidation Loan is issued under this subsection shall not be affected by consolidation under this section, including benefits such as a deferment or forbearance, accumulation of monthly payments as part of the public service loan forgiveness program under section 455(m), accumulation of monthly payments toward a loan discharge under the income-based repayment plan under section 493C, participation in a particular repayment plan, and other benefits to the borrower..
			3.Exemptions from other laws
 (a)Exemption from the Paperwork Reduction ActChapter 35 of title 44, United States Code, shall not apply to this Act. (b)Inapplicability of rulemaking requirementsSections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) and section 553 of title 5, United States Code, shall not apply to the amendments made by this Act, or to any regulations promulgated under such amendments.


		I
		112th CONGRESS
		2d Session
		H. R. 4613
		IN THE HOUSE OF REPRESENTATIVES

			April 24, 2012
			Mr. Schock introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Fluthiacet-methyl
		  technical.

		1.Fluthiacet-methyl
			 technical
			(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:

								9902.01.00Methyl[[2-chloro-4-fluoro-5[(tetrahydro-3-oxo-1H,3H-[1,3,4]thiadiazolo[3,4-a]pyridazin-1-ylidene)amino]phenyl]-thio]acetate
						(Fluthiacet-methyl technical) (CAS No. 117337–19–6) (provided for in subheading
						2934.99.15).1.8%No changeNo changeOn or before 12/31/2015

					.
			(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
		2d Session
		H. R. 4272
		IN THE HOUSE OF REPRESENTATIVES

			March 27, 2012
			Mr. Nadler introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To authorize the Secretary of Transportation to make
		  capital grants for certain freight rail economic development
		  projects.

		1.Short titleThis Act may be cited as the
			 Freight Rail Economic Development Act
			 of 2012.
		2.Capital grants
			 for freight rail economic development projects
			(a)Establishment of
			 programThe Secretary of Transportation shall carry out a program
			 for making capital grants to construct freight rail switches and sidings to
			 encourage economic development.
			(b)Provision of
			 grants and grant criteria
				(1)EligibilityGrants shall be made under this
			 section—
					(A)directly to a
			 class I, class II or class II railroad; or
					(B)with the
			 concurrence of the railroad to a State or local government.
					(2)ConsiderationsThe
			 Secretary shall—
					(A)conduct a national
			 solicitation for applications;
					(B)award grants on a
			 competitive basis; and
					(C)establish criteria
			 for selecting among projects that meet the criteria specified in paragraph
			 (3).
					(3)Grant
			 CriteriaThe Secretary, in selecting the recipients of grants to
			 be provided under this subsection, shall select projects that—
					(A)construct or
			 rehabilitate freight rail sidings;
					(B)construct or
			 rehabilitate freight rail switches;
					(C)promote economic
			 development; and
					(D)have a public
			 benefit.
					(c)State
			 cooperationRailroad applicants for a grant under this section
			 are encouraged to utilize the expertise and assistance of State transportation
			 agencies in applying for and administering such grants. State transportation
			 agencies are encouraged to provide such expertise and assistance to such
			 railroads.
			(d)Federal
			 shareThe maximum Federal share for carrying out a project under
			 this section shall be 80 percent of the project cost. The non-Federal share may
			 be provided by any non-Federal source in cash, equipment, or supplies. Other
			 in-kind contributions may be approved by the Secretary on a case-by-case
			 basis.
			(e)Wage rate
			 requirementsAll laborers and
			 mechanics employed by contractors or subcontractors in the construction,
			 alteration, or repair, including painting and decorating of projects,
			 buildings, and works, with respect to any project that receives assistance
			 under this section shall be paid wages at rates not less than those prevailing
			 on similar construction in the locality as determined by the Secretary of Labor
			 in accordance with subchapter IV of chapter 31 of part A of subtitle II of
			 title 40, United States Code (commonly referred to as the Davis-Bacon
			 Act). The Secretary of Labor shall have, with respect to such labor
			 standards, the authority and functions set forth in Reorganization Plan Number
			 14 of 1950 (15 Fed. Reg. 3176; 64 Stat. 1267) and in section 3145 of title 40,
			 United States Code.
			(f)RegulationsNot
			 later than 180 days after the date of enactment of this Act, the Secretary
			 shall prescribe regulations for carrying out this section.
			(g)Authorization of
			 appropriationsThere are authorized to be appropriated to the
			 Secretary of Transportation for use in carrying out this section $20,000,000
			 for each of the fiscal years 2013 through 2017.


114 S1027 IS: Data Breach Notification and Punishing Cyber Criminals Act of 2015
U.S. Senate
2015-04-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1027IN THE SENATE OF THE UNITED STATESApril 21, 2015Mr. Kirk (for himself and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require notification of information security breaches and to enhance penalties for cyber
			 criminals, and for other purposes.

		1.Short
 titleThis Act may be cited as the Data Breach Notification and Punishing Cyber Criminals Act of 2015.
		2.Requirements for
 information securityEach covered entity shall take reasonable measures to protect and secure data in electronic form containing personal information.
		3.Notification of
			 information security breach
			(a)Notification
 (1)In generalA covered entity that owns or licenses data in electronic form containing personal information shall give notice of any breach of the security of the system following discovery by the covered entity of the breach of the security of the system to each individual who is a citizen or resident of the United States—
 (A)whose personal information was, or that the covered entity reasonably believes to have been, accessed and acquired by an unauthorized person; or
 (B)who the covered entity reasonably believes may be at risk of identity theft, fraud, actual financial harm, or other unlawful conduct.
					(2)Law
			 enforcement
					(A)Designation of a
			 government entity To receive notice
						(i)In
 generalNot later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Attorney General, shall designate a Federal Government entity to receive the information required to be submitted under this section, and any other reports and information about information security incidents, threats, and vulnerabilities.
						(ii)Responsibilities of the
 designated entityThe designated entity shall— (I)be responsible for promptly providing the information it receives to the United States Secret Service and the Federal Bureau of Investigation, and to the Federal Trade Commission for civil law enforcement purposes; and
 (II)provide the information described in subclause (I) as appropriate to other Federal agencies for law enforcement, national security, or data security purposes.
 (B)NoticeNot later than 30 days after the date on which a security breach is discovered, a covered entity shall notify the designated entity of the fact that the breach of security has occurred if—
 (i)the number of individuals whose personal information was, or is reasonably believed to be to have been accessed and acquired by an unauthorized person is more than 1,000;
 (ii)the security breach involves a database, networked or integrated databases, or other data system containing the personal information of more than 250,000 individuals;
 (iii)the security breach involves databases owned by the Federal Government; or
 (iv)the security breach involves personal information of primarily individuals known to the covered entity to be employees and contractors of the Federal Government involved in national security or law enforcement.
						(C)FTC review of
			 thresholds
 (i)ReviewNot later than 1 year after the date of enactment of this Act, the Federal Trade Commission, in consultation with the Attorney General and the Secretary of Homeland Security, shall promulgate regulations regarding the reports required under subparagraph (A).
 (ii)RulemakingThe Federal Trade Commission, in consultation with the Attorney General and the Secretary of Homeland Security, after notice and the opportunity for public comment, and in a manner consistent with this section, shall promulgate regulations, as necessary, under section 553 of title 5, United States Code, to adjust the thresholds for notice to law enforcement and national security authorities under subparagraph (A) and to facilitate the purposes of this section.
						(b)Special
			 notification requirements
				(1)Third-party
			 agents
					(A)In
 generalIn the event of a breach of security of a system maintained by a third-party entity that has been contracted to maintain, store, or process data in electronic form containing personal information on behalf of a covered entity who owns or possesses such data, the third-party entity shall notify the covered entity of the breach of security.
					(B)Covered
 entities who receive notice from third partiesUpon receiving notification from a third party under subparagraph (A), a covered entity shall provide notification as required under subsection (a).
					(C)Exception for
 service providersFor purposes of this paragraph, a service provider shall not be considered a third-party agent.
					(2)Service
			 providers
					(A)In
 generalIf a service provider becomes aware of a breach of security involving data in electronic form containing personal information that is owned or possessed by a covered entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, the service provider shall notify the covered entity who initiated such connection, transmission, routing, or storage if the covered entity can be reasonably identified.
					(B)Covered
 entities who receive notice from service providersUpon receiving notification from a service provider under subparagraph (A), a covered entity shall provide notification as required under subsection (a).
					(c)Timeliness of
			 notification
				(1)Notification to affected individuals
 (A)In generalUnless subject to a delay authorized under subparagraph (B) or paragraph (2), a notification required under subsection (a)(1) with respect to a security breach shall be made not later than 30 days after the date on which the security breach was discovered, consistent with any measures necessary to determine the scope of the security breach and restore the reasonable integrity of the data system that was breached.
 (B)Follow-up notificationNot later than 60 days after the date on which notice is provided under subsection (a)(1), if a covered entity has discovered additional information relating to how a breach of security occurred (as required under subsection (d)(1)(B)(iii) to be included in a notification) the covered entity may provide a follow-up notification to affected individuals that contains the additional information.
					(2)Delay of
			 notification authorized for law enforcement or national security
			 purposes
					(A)Law
 enforcementIf a Federal law enforcement agency determines that the notification required under subsection (a) would impede a civil or criminal investigation, such notification shall be delayed upon the written request of the law enforcement agency for any period which the law enforcement agency determines is reasonably necessary. A law enforcement agency may, by a subsequent written request, revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent request if further delay is necessary.
					(B)National
 securityIf a Federal national security agency or homeland security agency determines that the notification required under this section would threaten national or homeland security, such notification may be delayed upon the written request of the national security agency or homeland security agency for any period which the national security agency or homeland security agency determines is reasonably necessary. A Federal national security agency or homeland security agency may revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent written request if further delay is necessary.
					(d)Method and
			 content of notification
				(1)Direct
			 notification
					(A)Method of
 notificationA covered entity required to provide notification to an individual under subsection (a) shall be in compliance with such requirement if the covered entity provides such notice by any one of the following methods:
 (i)Written notification, sent to the postal address of the individual in the records of the covered entity.
 (ii)Telephone. (iii)Email or other electronic means.
						(B)Content of
 notificationRegardless of the method by which notification is provided to an individual under subparagraph (A) with respect to a security breach, such notification, to the extent practicable, shall include—
 (i)the date, estimated date, or estimated date range of the breach of security;
 (ii)a description of the personal information that was accessed and acquired, or reasonably believed to have been accessed and acquired, by an unauthorized person as a part of the security breach;
 (iii)a general description of how the breach of security occurred; and (iv)information that the individual can use to contact the covered entity to inquire about—
 (I)the breach of security; or
 (II)the information the covered entity maintained about that individual.
							(2)Substitute
			 notification
					(A)Circumstances
 giving rise to substitute notificationA covered entity required to provide notification to an individual under subsection (a) may provide substitute notification in lieu of the direct notification required by paragraph (1) if such direct notification is not feasible due to—
 (i)excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity; or
 (ii)lack of sufficient contact information for the individual required to be notified.
						(B)Form of
 substitute notificationSubstitute notification described in subparagraph (A) shall include—
 (i)a conspicuous notice on the Internet Web site of the covered entity (if such covered entity maintains such a Web site); and
 (ii)notification in print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside.
 (3)Cost of notificationA covered entity required to provide notification to an individual under subsection (a) shall provide such notification at no cost to the individual.
				(e)Treatment of
 persons governed by other Federal lawExcept as provided in section 4(b), a covered entity who is in compliance with any other Federal law that requires such covered entity to provide notification to individuals following a breach of security shall be deemed to be in compliance with this section.
			4.Application and
			 enforcement
			(a)General
 applicationThe requirements of sections 2 and 3 apply to— (1)any covered entity over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)); and
 (2)notwithstanding section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)), common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.).
				(b)Application to
			 cable operators, satellite operators, and telecommunications
 carriersSections 222, 338, and 631 of the Communications Act of 1934 (47 U.S.C. 222, 338, and 551), and any regulations promulgated thereunder, shall not apply with respect to the information security practices, including practices relating to the notification of unauthorized access to data in electronic form, of any covered entity otherwise subject to those sections.
			(c)Enforcement by
			 Federal Trade Commission
				(1)Unfair or
 deceptive acts or practicesA violation of section 2 or 3 shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
				(2)Powers of
			 commission
					(A)In
 generalExcept as provided in subsection (a), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
					(B)Privileges and
 immunitiesAny person who violates section 3 or 4 shall be subject to the penalties and entitled to the privileges and immunities provided in such Act.
					(3)Maximum total
 liabilityNotwithstanding the number of actions which may be brought against a covered entity under this subsection, the maximum civil penalty for which any covered entity may be liable under this subsection for all actions shall not exceed—
 (A)$1,000,000 for all violations of section 2 resulting from the same related act or omission; and
 (B)$1,000,000 for all violations of section 3 resulting from a single breach of security.
					(d)No private
 cause of actionNothing in this Act shall be construed to establish a private cause of action against a person for a violation of this Act.
 5.Criminal penalties for cyber crimesPart I of title 18, United States Code, is amended— (1)in chapter 47—
 (A)in section 1028(b)— (i)in paragraph (1)—
 (I)in subparagraph (B), by inserting or after the semicolon; (II)in subparagraph (C), by striking or after the semicolon; and
 (III)by striking subparagraph (D); (ii)by redesignating paragraphs (5) and (6), as paragraphs (6) and (7), respectively; and
 (iii)by inserting after paragraph (4), the following:  (5)for an offense under paragraph (7) of such subsection, a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 30 years, or both;;
 (B)in section 1028A(a)(1), by striking 2 years and inserting 4 years; (C)in section 1029(c)(1)—
 (i)in subparagraph (A)— (I)in clause (i), by striking a fine under this title or imprisonment for not more than 10 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 20 years; and
 (II)in clause (ii), by striking a fine under this title or imprisonment for not more than 15 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 30 years; and
 (ii)in subparagraph (B), by striking a fine under this title or imprisonment for not more than 20 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 40 years; and
 (D)in section 1030(c)— (i)in paragraph (2)—
 (I)in subparagraph (A), by striking subsection (a)(2), (a)(3), and inserting subsection (a)(3); (II)in subparagraph (B)—
 (aa)in the matter preceding clause (i), by striking a fine under this title or imprisonment for not more than 5 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 10 years; and
 (bb)in clause (iii), by striking and at the end; (III)in subparagraph (C), by striking (a)(2),; and
 (IV)by adding at the end the following:  (D)a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 2 years, or both, in the case of an offense under subsection (a)(2) which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
 (E)a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(2) which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph;;
 (ii)in paragraph (3)— (I)in subparagraph (A), by striking (a)(4) or; and
 (II)in subparagraph (B), by striking (a)(4), or; (iii)in paragraph (4)—
 (I)in subparagraph (A), in the matter preceding clause (i), by striking a fine under this title, imprisonment for not more than 5 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 10 years;
 (II)in subparagraph (B), in the matter preceding clause (i), by striking a fine under this title, imprisonment for not more than 10 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 20 years;
 (III)in subparagraph (C), in the matter preceding clause (i), by striking a fine under this title, imprisonment for not more than 20 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 40 years;
 (IV)in subparagraph (D), in the matter preceding clause (i), by striking a fine under this title, imprisonment for not more than 10 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 20 years;
 (V)in subparagraph (E), by striking a fine under this title, imprisonment for not more than 20 years and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 40 years;
 (VI)in subparagraph (F)— (aa)by striking a fine under this title and inserting a fine of not more than $500,000 ($1,000,000 if the person is an organization); and
 (bb)by striking or at the end; and (VII)in subparagraph (G)—
 (aa)in the matter preceding clause (i), by striking under this title, imprisonment for not more than 1 year and inserting of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 2 years; and
 (bb)in clause (ii), by striking the period at the end and inserting ; and; and (iv)by adding at the end the following:

 (5)(A)a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(4) which does not occur after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph; and
 (B)a fine of not more than $500,000 ($1,000,000 if the person is an organization), imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(4) which occurs after a conviction for another offense under this section, or an attempt to commit an offense punishable under this subparagraph.;
 (2)in chapter 63— (A)in section 1343—
 (i)in the first sentence, by striking fined under this title or imprisoned not more than 20 years and inserting fined not more than $500,000 ($1,000,000 if the person is an organization), imprisoned not more than 40 years; and
 (ii)in the second sentence, by striking $1,000,000 or imprisoned not more than 30 years and inserting $2,000,000, imprisoned for any term of years or for life; and (B)in section 1344, by striking $1,000,000 or imprisoned not more than 30 years and inserting $2,000,000 or imprisoned for any term of years or for life; and
 (3)in section 1519, by striking fined under this title, imprisoned not more than 20 years and inserting fined not more than $500,000 ($1,000,000 if the person is an organization), imprisoned not more than 40 years.
			6.Apprehension and prosecution of international cyber criminals
 (a)International cyber criminal definedIn this section, the term international cyber criminal means an individual— (1)who is physically present within a country with which the United States does not have a mutual legal assistance treaty or an extradition treaty;
 (2)who is believed to have committed a cybercrime or intellectual property crime against the interests of the United States or its citizens; and
 (3)for whom— (A)an arrest warrant has been issued by a judge in the United States; or
 (B)an international wanted notice (commonly referred to as a Red Notice) has been circulated by Interpol. (b)Bilateral consultationsThe Secretary of State, or designee, shall consult with the appropriate government official of each country in which one or more international cyber criminals are physically present to determine what actions the government of such country has taken—
 (1)to apprehend and prosecute such criminals; and (2)to prevent such criminals from carrying out cybercrimes or intellectual property crimes against the interests of the United States or its citizens.
				(c)Annual report
 (1)In generalThe Secretary of State shall submit to the appropriate congressional committees an annual report that identifies—
 (A)the number of international cyber criminals who are located in countries that do not have an extradition treaty or mutual legal assistance treaty with the United States, broken down by country;
 (B)the dates on which an official of the Department of State, as a result of this Act, discussed ways to thwart or prosecute international cyber criminals in a bilateral conversation with an official of another country, including the name of each such country; and
 (C)for each international cyber criminal who was extradited into the United States during the most recently completed calendar year—
 (i)his or her name; (ii)the crimes for which he or she was charged;
 (iii)his or her previous country of residence; and (iv)the country from which he or she was extradited into the United States.
 (2)Appropriate congressional committeesFor purposes of this subsection, the term appropriate congressional committees means— (A)the Committee on Foreign Relations of the Senate;
 (B)the Committee on Appropriations of the Senate; (C)the Committee on Homeland Security and Governmental Affairs of the Senate;
 (D)the Committee on Banking, Housing, and Urban Affairs of the Senate; (E)the Committee on Foreign Affairs of the House of Representatives;
 (F)the Committee on Appropriations of the House of Representatives; (G)the Committee on Homeland Security of the House of Representatives; and
 (H)the Committee on Financial Services of the House of Representatives. 7.DefinitionsIn this Act:
			(1)Breach of
 securityThe term breach of security means unauthorized access and acquisition of data in electronic form containing personal information.
 (2)CommissionThe term Commission means the Federal Trade Commission.
			(3)Covered
			 entity
				(A)In
 generalThe term covered entity means a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity that acquires, maintains, stores, or utilizes personal information.
 (B)ExemptionsThe term covered entity does not include the following:
 (i)Financial institutions subject to title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.).
 (ii)An entity covered by the regulations issued under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191) to the extent that such entity is subject to the requirements of such regulations with respect to protected health information.
					(4)Data in
 electronic formThe term data in electronic form means any data stored electronically or digitally on any computer system or other database and includes recordable tapes and other mass storage devices.
 (5)Designated entityThe term designated entity means the Federal Government entity designated under section 3(a)(2)(A). (6)Personal information (A)In generalThe term personal information means an individual's first name or first initial and last name in combination with any one or more of the following data elements for that individual:
 (i)Social Security number.
 (ii)Driver’s license number, passport number, military identification number, or other similar number issued on a government document used to verify identity.
 (iii)Financial account number, or credit or debit card number, and any required security code, access code, or password that is necessary to permit access to an individual’s financial account.
 (iv)Federal or State government issued identification card. (v)A username or email address, in combination with a password or security question and answer that would allow access to an online account.
 (vi)Medical information, including the medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional of the individual.
 (vii)Health insurance information, including a health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify an individual, or any information in a health insurance application or claim history filed by the individual.
 (viii)An individual taxpayer identification number. (B)Exclusions (i)Public record informationPersonal information does not include information obtained about an individual which has been lawfully made publicly available by a Federal, State, or local government entity or widely distributed by media.
					(ii)Encrypted,
 redacted, or secured dataPersonal information does not include information that is encrypted, redacted, or secured by any other method or technology that renders the data elements unusable.
					(7)Service
 providerThe term service provider means an entity that provides electronic data transmission, routing, intermediate, and transient storage, or connections to its system or network, where such entity providing such services does not select or modify the content of the electronic data, is not the sender or the intended recipient of the data, and does not differentiate personal information from other information that such entity transmits, routes, stores, or for which such entity provides connections. Any such entity shall be treated as a service provider under this Act only to the extent that it is engaged in the provision of such transmission, routing, intermediate and transient storage, or connections.
			8.Effect on other
 lawsThis Act preempts any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of any State, or political subdivision of a State, relating to the protection or security of data in electronic form containing personal information or the notification of a breach of security.
		9.Effective
 dateThis Act shall take effect on the date that is 1 year after the date of enactment of this Act.


IB
One Hundred Twelfth Congress of the United States of America At the First SessionBegun and held at the City of Washington on Wednesday, the fifth day of January, two thousand and eleven
H. R. 398

AN ACT
To amend the Immigration and Nationality Act to toll, during active-duty service abroad in the Armed Forces, the periods of time to file a petition and appear for an interview to remove the conditional basis for permanent resident status, and for other purposes.

1.Tolling periods of time to file petition and have interview for removal of condition
(a)In generalSection 216 of the Immigration and Nationality Act (8 U.S.C. 1186a) is amended—
(1)by redesignating subsection (g) as subsection (h); and
(2)by inserting after subsection (f) the following:

(g)Service in Armed Forces
(1)Filing petitionThe 90-day period described in subsection (d)(2)(A) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that, at the option of the petitioners, the petition may be filed during such active-duty service at any time after the commencement of such 90-day period.
(2)Personal interviewThe 90-day period described in the first sentence of subsection (d)(3) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that nothing in this paragraph shall be construed to prohibit the Secretary of Homeland Security from waiving the requirement for an interview under subsection (c)(1)(B) pursuant to the Secretary’s authority under the second sentence of subsection (d)(3). .
(b)Conforming amendments
(1)In generalSection 216(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1186a(a)(1)) is amended—
(A)by striking (g)(1)) and inserting (h)(1)); and
(B)by striking (g)(2)) and inserting (h)(2)).
(2)ReferencesSection 216 of the Immigration and Nationality Act (8 U.S.C. 1186a) is amended—
(A)in subsection (d)(3), by striking Attorney General’s and inserting Secretary’s;
(B)by striking Attorney General each place such term appears and inserting Secretary of Homeland Security; and
(C)in subsections (c)(1)(B) and (d)(3), by striking Service and inserting Department of Homeland Security.
2.Compliance with PAYGOThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


113 HR 909 IH: Welfare Integrity Act of 2013
U.S. House of Representatives
2013-02-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 909
		IN THE HOUSE OF REPRESENTATIVES

			February 28, 2013
			Mr. Fincher
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend title IV of the Social Security Act to require
		  States to implement a drug testing program for applicants for and recipients of
		  assistance under the Temporary Assistance for Needy Families (TANF)
		  program.

		1.Short titleThis Act may be cited as the
			 Welfare Integrity Act of
			 2013.
		2.Drug testing program
			 for applicants for and recipients of assistance under State TANF
			 programs
			(a)State plan
			 requirement of drug testing programSection 402(a) of the Social
			 Security Act (42 U.S.C. 602(a)) is amended by adding at the end the
			 following:

					(8)Certification
				that the State will operate an illegal drug use testing program
						(A)In
				generalA certification by the chief executive officer of the
				State that the State will—
							(i)operate a program to conduct, in a calendar
				year, random testing for the use of illegal drugs (as defined in section
				408(a)(13)(G)(i)) of a number of applicants for assistance under the program
				referred to in paragraph (1) that is not less than 20 percent of the number of
				applicants who applied for the assistance in the preceding calendar year (after
				having signed a waiver of constitutional rights with respect to the testing);
				and
							(ii)deny the assistance to applicants who test
				positive for illegal drug use or who are convicted of drug-related crimes, as
				required by such section.
							(B)Requirement for
				continued testingThe program
				described in subparagraph (A)(i) shall include a plan to continue testing
				individuals receiving assistance under the program referred to in paragraph (1)
				for illegal drug use at random or set intervals after the initial testing of
				the individuals, at the discretion of the State agency administering the
				program so referred
				to.
						.
			(b)Requirement that
			 applicants and individuals receiving assistance be tested for illegal drug
			 useSection 408(a) of such Act (42 U.S.C. 608(a)) is amended by
			 adding at the end the following:

					(13)Requirement for
				drug testing; denial of assistance for individuals found to have used illegal
				drugs and individuals convicted of drug-related offenses
						(A)In
				generalA State to which a
				grant is made under section 403 shall operate a drug testing program that
				complies with the requirements of subparagraphs (A)(i) and (B) of section
				402(a)(8).
						(B)Waiver of
				constitutional rightsThe State may not use any part of the grant
				to provide assistance to any individual who has not signed a waiver of
				constitutional rights with respect to testing conducted pursuant to
				subparagraph (A). In the case of an individual who is receiving assistance
				under the State program funded under this part on the effective date of this
				paragraph, or whose application for the assistance is approved before such date
				if the assistance has not begun as of such date, a State may not provide the
				assistance to the individual unless the individual has signed such a waiver not
				later than 90 days after such date.
						(C)Denial of
				assistance for individuals who test positive for illegal drug use and
				individuals convicted of drug-related crimesIn the case
				of—
							(i)an
				individual who tests positive for illegal drug use under the program described
				in subparagraph (A); or
							(ii)an individual who
				is convicted of a drug-related crime after the effective date of this
				paragraph;
							the
				State shall not provide assistance to the individual under the State program
				funded under this part until the expiration of the waiting period described in
				subparagraph (D).(D)Waiting period
				after denial of benefitsThe waiting period described in this
				subparagraph shall extend 1 year after the date on which the individual is
				denied assistance under subparagraph (C).
						(E)Permanent denial
				of assistance after third drug-related denialIn the case of an
				individual who is denied assistance under subparagraph (C) 3 times, as a result
				of 3 separate positive tests for illegal drug use, 3 separate convictions for
				drug-related crimes (not including convictions that are imposed concurrently in
				time), or any combination of 3 such separate tests or convictions, a State may
				not provide assistance to the individual under the State program funded under
				this part after the 3rd such test or conviction.
						(F)Limitation on
				waiver authorityThe Secretary may not waive the provisions of
				this paragraph under section 1115.
						(G)DefinitionsIn
				this paragraph:
							(i)Illegal
				drugThe term illegal drug means a controlled
				substance as defined in section 102 of the Controlled Substances Act (21 U.S.C.
				802).
							(ii)Drug-related
				crimeThe term drug-related crime means any crime
				involving the possession, use, or sale of an illegal
				drug.
							.
			(c)Penalty for
			 failure To implement illegal drug use testing programSection 409(a) of such Act (42 U.S.C.
			 609(a)) is amended by adding at the end the following:

					(17)Penalty for
				failure to implement illegal drug use testing programIf the Secretary determines that a State to
				which a grant is made under section 403 in a fiscal year has violated section
				408(a)(13) during the fiscal year, the Secretary shall reduce the grant payable
				to the State under section 403(a)(1) for the immediately succeeding fiscal year
				by an amount equal to 10 percent of the State family assistance
				grant.
					.
			(d)Effective
			 date
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall take effect on the 1st day of the 1st calendar quarter
			 that begins on or after the date that is 1 year after the date of the enactment
			 of this Act.
				(2)Delay permitted
			 if State legislation requiredIn the case of a State plan under
			 section 402(a) of the Social Security
			 Act which the Secretary of Health and Human Services determines
			 requires State legislation (other than legislation appropriating funds) in
			 order for the plan to meet the additional requirements imposed by the
			 amendments made by this Act, the State plan shall not be regarded as failing to
			 comply with the requirements of such section 402(a) solely on the basis of the
			 failure of the plan to meet such additional requirements before the 1st day of
			 the 1st calendar quarter beginning after the close of the 1st regular session
			 of the State legislature that begins after the date of enactment of this Act.
			 For purposes of the previous sentence, in the case of a State that has a 2-year
			 legislative session, each year of such session shall be deemed to be a separate
			 regular session of the State legislature.


116 HRES 1106 IH: Expressing support to designate the week of September 21 through September 27, 2020, Rail Safety Week in the United States, and to support the goals and ideals of Rail Safety Week to reduce rail-related accidents, fatalities, and injuries.
U.S. House of Representatives
2020-09-11
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.

IV116th CONGRESS2d SessionH. RES. 1106IN THE HOUSE OF REPRESENTATIVESSeptember 11, 2020Ms. Wilson of Florida submitted the following resolution; which was referred to the Committee on Transportation and InfrastructureRESOLUTIONExpressing support to designate the week of September 21 through September 27, 2020, Rail Safety Week in the United States, and to support the goals and ideals of Rail Safety Week to reduce rail-related accidents, fatalities, and injuries.Whereas the first Rail Safety Week was held from September 24 through September 30, 2017, by the national education safety nonprofit Operation Lifesaver, the Department of Transportation, and other organizations;Whereas Rail Safety Week was launched to raise awareness about the need for increased education on how to be safe around highway-rail grade crossings and railroad tracks and to highlight efforts to further reduce collisions, injuries, and fatalities;Whereas the number of public crossings has decreased by 8 percent, while the number of gates has increased by 26 percent since 2005;Whereas over the course of 30 years, grade crossing fatalities have decreased by 57 percent;Whereas while grade crossing injuries are 11 percent higher, grade crossing fatalities are 21 percent higher, and grade crossing collisions are 15 percent higher, since 2009;Whereas preliminary Federal statistics show that more than 2,216 highway-grade crossing crashes occurred across the United States in 2019, resulting in 299 persons killed and another 822 injured;Whereas highway-grade crossing crashes are more severe than highway collisions and are more likely to result in death and injury;Whereas an estimated 94 percent of collisions and 87 percent of fatalities result from risky driving behavior each year;Whereas many collisions between trains and motor vehicles or pedestrians could have been prevented by increased education, engineering, and enforcement;Whereas Operation Lifesaver, the foremost public information and education program on rail safety, administers a public education program about grade-crossing safety and trespassing prevention;Whereas during Rail Safety Week, from September 21 through 27, and throughout the year, everyone is encouraged to take added caution as motorists or pedestrians approach tracks or trains;Whereas the United States, Canada, and Mexico will observe Rail Safety Week concurrently; andWhereas this important observance should lead to greater safety awareness and a reduction in highway-rail grade crossing crashes and pedestrian and railroad incidents: Now, therefore, be itThat the House of Representatives—(1)supports the designation of Rail Safety Week;(2)expresses strong support for the goals and ideals of Rail Safety Week and efforts to reduce rail-related accidents, fatalities, and injuries; and(3)encourages the people of the United States to participate in Rail Safety Week events and activities and to educate themselves and others on how to be safe around railroad tracks.