116 HR 4680 IH: Equitable Student Aid Access Act
U.S. House of Representatives
2019-10-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4680IN THE HOUSE OF REPRESENTATIVESOctober 15, 2019Mr. Doggett (for himself, Mrs. Davis of California, Mrs. Beatty, Mr. Blumenauer, Ms. Brownley of California, Mr. Cárdenas, Mr. Cartwright, Ms. Judy Chu of California, Ms. Clarke of New York, Mr. Cohen, Ms. Dean, Ms. DeGette, Ms. DeLauro, Mr. DeSaulnier, Mr. Engel, Mr. Espaillat, Mr. Foster, Mr. Gallego, Mr. Garamendi, Ms. Garcia of Texas, Mr. Green of Texas, Mr. Grijalva, Ms. Haaland, Mr. Hastings, Mrs. Hayes, Mr. Higgins of New York, Mr. Himes, Ms. Jackson Lee, Mr. Johnson of Georgia, Ms. Kaptur, Mr. Kilmer, Mr. Krishnamoorthi, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Levin of Michigan, Mr. Lewis, Mr. Sean Patrick Maloney of New York, Mr. McGovern, Mr. Meeks, Ms. Moore, Mr. Moulton, Mr. Nadler, Mrs. Napolitano, Ms. Norton, Mr. Price of North Carolina, Mr. Raskin, Mr. Ruppersberger, Mr. Ryan, Ms. Sánchez, Mr. Sarbanes, Ms. Schakowsky, Ms. Sewell of Alabama, Mr. Soto, Ms. Speier, Mr. Swalwell of California, Mr. Thompson of California, Ms. Titus, Mr. Tonko, Mr. Welch, Mr. Luján, Ms. Roybal-Allard, and Mr. Kennedy) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to simplify the financial aid application process, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Equitable Student Aid Access Act. 2.Zero expected family contributionSection 479 of the Higher Education Act of 1965 (20 U.S.C. 1087ss) is amended to read as follows:

				479.Zero expected family contribution
 (a)In generalThe Secretary shall consider an applicant to have an expected family contribution equal to zero if— (1)in the case of a dependent student—
							(A)
 (i)the student’s parents are not required to file— (I)a Federal income tax return; or
 (II)with respect to Internal Revenue Service Form 1040, any of the following forms: Schedule A, Schedule B, Schedule C, Schedule C–EZ, Schedule D, Schedule E, Schedule F, Schedule H, Schedule J, and Schedule SE; and
 (ii)the sum of the adjusted gross income of the parents is less than or equal to $34,000; or (B)the student’s parents, or the student, received a benefit at some time during the previous 24-month period under a means-tested Federal benefit program; or
 (2)in the case of an independent student without regard to whether the student has dependents other than a spouse—
							(A)
 (i)the student (and the student’s spouse, if any) certifies— (I)that the student (and the student’s spouse, if any)—
 (aa)is not required to file a Federal income tax return; or (bb)with respect to Internal Revenue Service Form 1040, any of the following forms: Schedule A, Schedule B, Schedule C, Schedule C–EZ, Schedule D, Schedule E, Schedule F, Schedule H, Schedule J, and Schedule SE; and
 (ii)the sum of the adjusted gross income of the student and spouse (if appropriate) is less than or equal to $34,000; or
 (B)the student received a benefit at some time during the previous 24-month period under a means-tested Federal benefit program.
 (b)Earned income creditAn individual is not required to qualify or file for the earned income credit in order to be eligible under this section.
 (c)AdjustmentsThe Secretary shall annually adjust the income level necessary to qualify an applicant for the zero expected family contribution. The income level shall be annually increased by the estimated percentage change in the Consumer Price Index, as defined in section 478(f), for the most recent calendar year ending prior to the beginning of an award year, and rounded up to the nearest $1,000.
 (d)Means-Tested Federal benefit program definedFor purposes of this paragraph, a means-tested Federal benefit program means a mandatory spending program of the Federal Government, other than a program under this title, in which eligibility for the program’s benefits, or the amount of such benefits, are determined on the basis of income or resources of the individual or family seeking the benefit, and may include such programs as—
 (1)the supplemental security income program under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
 (2)the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), a nutrition assistance program carried out under section 19 of such Act (7 U.S.C. 2028), and a supplemental nutrition assistance program carried out under section 1841(c) of title 48 of the United States Code;
 (3)the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
 (4)the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
 (5)the State Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.); and (6)any other program identified by the Secretary..
 3.Using data from second preceding yearSection 480(a)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1087vv(a)(1)(B)) is amended— (1)by striking may in both places it appears and inserting shall; and
 (2)by striking sharing of data between and inserting sharing of data, to the extent such data is available, between. 4.Financial aid offersSection 485 of the Higher Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end the following:

				(n)Financial aid offers
					(1)Requirements for offers
 (A)Secretarial requirementsNot later than 18 months after the date of enactment of the Equitable Student Aid Access Act, the Secretary shall, based on the consumer testing conducted under subparagraph (E), publish requirements for financial aid offers that shall—
 (i)include a requirement that financial aid offers shall serve as the primary source for Federal, State, and institutional financial aid information provided by an institution of higher education participating in any program under this title to each prospective student accepted for admission and each enrolled student at such institution;
 (ii)include a requirement that such offers include a standardized quick reference box described in subparagraph (D);
 (iii)establish standardized terms and definitions, including for the elements listed in subparagraph (C), that shall be included in each such offer;
 (iv)establish formatting requirements with respect to the organization of the elements listed in subparagraph (C), which shall include a requirement that prohibits such offers from displaying loans in a manner that indicates or implies that such loans reduce the amount owed to the institution or reduce the net price; and
 (v)specify the simple, plain-language, and consumer-friendly information to be included in each such offer with respect to the financial aid being offered to a student, which shall include—
 (I)an explanation of differences among each such type of financial aid, including clear explanations that—
 (aa)grants and scholarships do not have to be repaid; (bb)loans (including loans made under part D and private education loans (as defined in section 140 of the Truth in Lending Act)) must be repaid with interest; and
 (cc)payments under Federal-work study programs under part C are contingent on finding qualified employment and are typically disbursed incrementally in paychecks;
 (II)information encouraging students to consider loans made under part D before such private education loans;
 (III)information clarifying that students may— (aa)decline to accept a loan made under part D; or
 (bb)accept an amount of such loan that is less than the amount of such loan included in the financial aid offer; and
 (IV)in a case in which the institution offers a student such a loan in an amount that is less than the maximum amount for which the student is eligible, an explanation that the student is eligible for additional loans under part D.
 (B)Institutional requirementsBeginning with the award year that begins not less than 1 year after the Secretary publishes requirements under subparagraph (A), each institution of higher education described in subparagraph (A)(i) shall provide a financial aid offer to each student described in such subparagraph prior to each academic year that—
 (i)shall comply with the requirements published by the Secretary under subparagraph (A); and (ii)may be supplemented by the institution with additional, non-contradictory information related to financial aid as long as such supplementary information uses the standardized terms and definitions described in subparagraph (A)(iii).
 (C)ElementsA financial aid offer provided by an institution of higher education shall include the following elements with respect to the academic year for which the offer is being provided:
 (i)The cost of attendance, which shall include separately calculated subtotals of— (I)an itemized list of estimated direct costs owed to the institution; and
 (II)an itemized list of anticipated student expenses not covered under subclause (I). (ii)Federal, State, and institutional financial aid available to the student, which shall include separately calculated subtotals of—
 (I)grants and scholarships; (II)loans made under part D (excluding Federal Direct Parent PLUS Loans); and
 (III)Federal-work study programs under part C and other on-campus employment. (iii)Other options that may be available to students to cover the cost of attendance (including Federal Direct Parent PLUS Loans, tuition payment plans, savings, and earnings from other employment).
 (iv)The net price, which shall be determined by calculating the difference between— (I)the cost of attendance described in clause (i); and
 (II)the grants and scholarships described in clause (ii)(I). (v)Next step instructions, including—
 (I)the process and deadlines for accepting the financial aid; and (II)information about where to find additional information on the financial aid offered.
 (vi)Any other information determined necessary by the Secretary based on the consumer testing conducted under subparagraph (E), which may include the following:
 (I)An estimate of the net direct cost, which shall be determined by calculating the difference between—
 (aa)the direct costs owed to the institution described in clause (i)(I); and (bb)the grants and scholarships described in clause (ii)(I).
 (II)Information on average student debt, loan repayment and default rates, loan repayment options, and graduation rates.
 (III)In the case of a prospective student, the process and deadlines for enrolling at the institution. (IV)Information regarding the enrollment period covered by the aid offer, and whether the cost and aid estimates are based on full-time or part-time enrollment.
 (V)Information developed in consultation with the Internal Revenue Service regarding any education-related tax benefits for which a student may qualify, including American Opportunity and Lifetime Learning tax credits, deductions, exclusions, and any other such benefits.
 (D)Standardized quick reference boxA financial aid offer provided by an institution of higher education shall include a standardized quick reference box to enable students to quickly and easily compare key information on college costs and financial aid—
 (i)that shall be included in an identical fashion for each student receiving a financial aid offer from the institution on the first page of such offer;
 (ii)the contents and structure of which shall be developed through consumer testing conducted under paragraph (E); and
 (iii)that shall include not more than 8 elements, which, at a minimum, shall include— (I)the cost of attendance;
 (II)grants and scholarships; and (III)net price (as calculated under subparagraph (C)(iv)).
 (E)Consumer testingThe Secretary shall— (i)conduct consumer testing that shall serve as the basis in determining the requirements for financial aid offers published under subparagraph (A), which shall include students (including low-income students, English learners, first generation college students, veteran students, graduate students, and undergraduate students (including prospective students and returning students)), students’ families (including low-income families, families of English learners, and families with first generation college students), institutions of higher education (including representatives from two- and four-year institutions, public and private institutions, and minority-serving institutions), secondary school and postsecondary counselors, financial aid administrators, nonprofit college access organizations, and nonprofit consumer groups; and
 (ii)not later than 60 days after the publication of the requirements under subparagraph (A)— (I)issue a report on the findings of the consumer testing under this subparagraph; and
 (II)specify ways in which the findings are reflected in such requirements. (2)DefinitionsIn this subsection—
 (A)the term cost of attendance has the meaning given the term in section 472; (B)the term English learner has the meaning given the term in section 8101(20) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(20)), except that such term does not include individuals described in subparagraph (B) of such section;
 (C)the term first generation college student has the meaning given the term in section 402A(h); (D)the term low-income student has the meaning given the term in section 419N(b)(7); and
 (E)the term minority-serving institution means an institution of higher education described in section 371(a).. 5.Effective dateThe amendments made by this Act shall apply with respect to award years (as that term is defined in section 481(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1088(a)(1))) beginning after the date of the enactment of this Act.


113 HR 5732 IH: Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act
U.S. House of Representatives
2014-11-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		 I
		113th CONGRESS
		2d Session
		H. R. 5732
		IN THE HOUSE OF REPRESENTATIVES

			November 18, 2014
			Mr. Deutch (for himself and Mr. Roskam) introduced the following bill; which was referred to the Committee on Energy and Commerce, 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 amend title XVIII of the Social Security Act to crack down on fraud in the Medicare program to
			 protect seniors, people with disabilities, and taxpayers.

		1.Short titleThis Act may be cited as the Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act.
		2.Ensuring that new medical coding systems do not compromise fraud prevention efforts
			(a)In generalSection 1173(c) of the Social Security Act (42 U.S.C. 1320d–2(c)) is amended—
				(1)in paragraph (1)—
					(A)in subparagraph (A), by striking ; or and inserting or, if no code sets for such data elements have been developed, establish code sets for the data
			 elements;; and
					(B)by striking subparagraph (B) and adding the following new subparagraphs:

							(B)ensure that any entity producing and transmitting valid transactions that include code sets are
			 subject to a consistent, industry-wide framework that supports a seamless
			 transition to new and modified code sets; and
							(C)establish, by a rule promulgated after notice and an opportunity for a hearing on the record, an
			 end-to-end testing procedure for new and modified code sets that shall
			 require the participation of any entity producing and transmitting valid
			 transactions that use such new or modified code set.; and
					(2)by adding at the end the following paragraphs:

						(3)Adopting new and modified code setsThe Secretary shall not adopt a new or modified code set unless the Secretary—
							(A)assesses the impact of the code set on fraud prevention and pre-payment review, determines that
			 anti-fraud edits work as intended, and confirms that a plan is in place to
			 ensure continuing effective detection of fraud following the adoption of
			 the code set;
							(B)ensures that the end-to-end testing procedure established by the Secretary under paragraph (1) has
			 been completed; and
							(C)completes end-to-end testing with any Federal Government entity that produces and transmits valid
			 transactions that include the code set with private sector tracking
			 partners.
							(4)Routine updates to existing code setsParagraph (3) shall not apply to routine, regularly scheduled updates to existing code sets..
				(b)Effective dateThe amendments made by this section shall be effective as of October 1, 2015.
			3.Verification of provider ownership interests
			(a)In generalSection 1124(c) of the Social Security Act (42 U.S.C. 1320a–3(c)) is amended—
				(1)by redesignating paragraph (5) as paragraph (6); and
				(2)by inserting after paragraph (4) the following paragraph:

						(5)Verification of Information
							(A)In generalWith respect to information supplied by a disclosing entity under subsections (a) and (b), the
			 Secretary shall—
								(i)verify such information by comparing it to available data on the provider collected through
			 disclosures made to the Secretary under section 1128G(a)(2), or, in the
			 case of a disclosing entity to which section 1128G(a)(2) does not apply,
			 verify such information through comparison with at least one other public
			 or private database which contains information as to the identity of each
			 person with an ownership or control interest in the entity; and
								(ii)confirm the accuracy of any social security account number or employer identification number
			 supplied under subsection (a) by verifying—
									(I)each social security account number with the Commissioner of Social Security; and
									(II)each employer identification number with the Secretary of the Treasury.
									(B)DiscrepanciesIf the comparison described in subparagraph (A)(i) reveals a discrepancy between information
			 supplied by a disclosing entity under subsections (a) and (b) and
			 available data on the provider collected through disclosures made to the
			 Secretary under section 1128G(a)(2), the Secretary shall independently
			 verify the accuracy of such data collected under section 1128G(a)(2)
			 before taking any action against a provider based on such discrepancy..
				(b)Effective dateThe amendments made by this section shall be effective as of the date that is 1 year after the date
			 of enactment of this Act.
			4.Supporting public and private information sharing to prevent health care fraud
			(a)DefinitionsIn this section:
				(1)Healthcare fraud prevention partnership; PartnershipThe terms Healthcare Fraud Prevention Partnership and Partnership mean the information sharing partnership established between the Department of Health and Human
			 Services, the Department of Justice, and other public and private
			 stakeholders, including private insurers, under the authority of section
			 1128C(a)(2) of the Social Security Act (42 U.S.C. 1320a–7c(a)(2)) for the
			 purpose of detecting and preventing health care fraud.
				(2)Private insurerThe term private insurer has the meaning given the term health insurance issuer under section 2791(b)(2) of the Public Health Service Act (42 U.S.C. 300GG–91(b)(2)).
				(b)Safe harbor for the sharing of information
				(1)General immunity
					(A)In generalA non-governmental entity participating in the Partnership (including a private insurer) that—
						(i)provides data or information described in clause (i) or (ii) of subparagraph (B) to the Department
			 of Health and Human Services, the Department of Justice, any other Federal
			 or State law enforcement agency, any contractor of such Department or
			 agency, or another entity participating in the Partnership (including a
			 private insurer); or
						(ii)uses such data or information as permitted by this subsection,shall be immune from civil liability with respect to the provision or authorized use of such data
			 or information.(B)Data or information
						(i)DataThe data described in this clause is aggregated claims data or other information described in
			 clause (ii) that does not include individually identifiable information
			 with respect to any health care provider, supplier, or beneficiary,
			 whether or not analysis of such information results in the identification
			 of a health care provider, supplier, or other person or organization as
			 having committed fraud or having committed acts suspected of being
			 fraudulent.
						(ii)InformationThe information described in this clause is information concerning fraud or suspected fraudulent
			 acts that identifies a specific health care provider, supplier, or other
			 person or organization if the provider, supplier, or other person or
			 organization so identified—
							(I)is the subject of a bona fide fraud investigation conducted by the entity participating in the
			 Partnership, including a private insurer, that is providing the
			 information;
							(II)is the subject of a fraud-related allegation that has been filed by or received by the entity
			 participating in the Partnership, including a private insurer, that is
			 providing the information; or
							(III)has been convicted of a fraud-related offense.
							(2)LimitationThe immunity described in paragraph (1) shall apply only where—
					(A)the data or information involved was provided in good faith and without malice; and
					(B)the data or information provided is true, based on a reasonable belief, to the knowledge of the
			 person providing the information, or if false, the information is provided
			 without knowledge of, and without reckless disregard for, its falsity.
					(3)Use of Partnership data or informationFor purposes of this subsection, data or information relating to a specific provider or supplier
			 received by a private insurer solely through the Partnership shall be
			 used, with respect to such provider or supplier, only for the purpose of
			 informing decisionmaking by the private insurer related to fraud
			 investigations, including whether to conduct such an investigation.
			 Nothing in the preceding sentence shall prevent a private insurer or other
			 entity participating in the Partnership from taking other actions, not
			 specific to such provider or supplier, based on such data or information.
				(c)ReportNot later than October 1 of each calendar year that begins after the date of enactment of this Act,
			 the Secretary of Health and Human Services shall submit to the Special
			 Committee on Aging, the Committee on Finance, and the Committee on
			 Homeland Security and Governmental Affairs of the Senate, and the
			 Committee on Ways and Means and the Committee on Energy and Commerce of
			 the House of Representatives, a report that describes the activities of
			 the Healthcare Fraud Prevention Partnership. Such report shall include—
				(1)a description of how input was obtained from private insurers regarding the appropriate usage of
			 data shared through the Healthcare Fraud Prevention Partnership; and
				(2)plans for the Partnership to be expanded to encompass a representative sample of national private
			 insurers and to include health care provider organizations.
				5.MedPAC study and report
			(a)StudyThe Medicare Payment Advisory Commission shall conduct a study on administrative efforts to
			 strengthen program integrity in the Medicare program. Such study may
			 include—
				(1)an evaluation of ways to detect fraudulent claims before payment is made;
				(2)a review of the efficiency and effectiveness of post-payment recovery methods;
				(3)analysis by the Centers for Medicare & Medicaid Services and public reporting of claims and spending patterns; and
				(4)a review of the organizational structure and resources of the Centers for Medicare & Medicaid Services as they relate to program integrity.
				(b)ReportNot later than June 15, 2016, the Medicare Payment Advisory Commission shall submit to Congress a
			 report on the study conducted under subsection (a), together with
			 recommendations for such legislative and administrative action as the
			 Commission determines appropriate.
			6.Ability to measure fraud prevention effortsSection 4241 of the Small Business Jobs Act of 2010 (42 U.S.C. 1320a–7m) is amended—
			(1)in subsection (b)(4), by inserting and on civil recoveries, administrative actions, and criminal convictions for fraud after reimbursement; and
			(2)in subsection (c), by adding at the end the following paragraph:

					(7)Implementation of amendmentsThe Secretary shall implement amendments made to this subsection by the Stop Schemes and Crimes Against Medicare and Seniors (Stop SCAMS) Act not later than 6 months after the date of enactment of such Act. If the Secretary determines that
			 new technology or data processing systems are required to carry out such
			 amendments, the Secretary shall issue a request for proposals to carry out
			 such amendments not later than 6 months after the enactment of such Act,
			 and the contractors selected under such request for proposal shall
			 implement such amendments not later than 12 months after the date of
			 enactment of such Act..


115 HRES 391 IH: Expressing support for designation of the month of June 2017 as “National Post-Traumatic Stress Injury Awareness Month” and June 27, 2017, as “National Post-Traumatic Stress Injury Awareness Day”.
U.S. House of Representatives
2017-06-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS1st SessionH. RES. 391IN THE HOUSE OF REPRESENTATIVESJune 16, 2017Mr. Peters (for himself, Mr. Jones, and Mr. Thompson of California) submitted the following resolution; 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 concernedRESOLUTIONExpressing support for designation of the month of June 2017 as National Post-Traumatic Stress Injury Awareness Month and June 27, 2017, as National Post-Traumatic Stress Injury Awareness Day.

 Whereas the brave men and women of the Armed Forces of the United States, who proudly serve the United States, risk their lives to protect the freedom of the people of the United States, and deserve the investment of every possible resource to ensure their lasting physical, mental, and emotional well-being;
 Whereas more than 2,000,000 members of the Armed Forces have deployed overseas since the events of September 11, 2001, and have served in places such as Afghanistan and Iraq;
 Whereas the Armed Forces of the United States have sustained a historically high operational tempo since September 11, 2001, with many members of the Armed Forces deploying overseas multiple times, placing those members at high risk of post-traumatic stress injury/injuries (referred to in this preamble as PTSI);
 Whereas men and women of the Armed Forces and veterans who served before September 11, 2001, remain at risk for PTSI and other mental health injuries;
 Whereas the Secretary of Veterans Affairs reports that— (1)since October 2001, more than 390,000 of the approximately 1,160,000 veterans of Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn who have received health care from the Department of Veterans Affairs have been diagnosed with PTSI;
 (2)in fiscal year 2014, more than 531,000 of the nearly 6,000,000 veterans who sought care at a medical facility of the Department of Veterans Affairs received treatment for PTSI; and
 (3)of veterans who served in Operation Enduring Freedom, Operation Iraqi Freedom, and Operation New Dawn who are receiving health care from the Department of Veterans Affairs, more than 615,000 have received a diagnosis for at least 1 mental health injury;
 Whereas many cases of PTSI remain unreported, undiagnosed, and untreated due to a lack of awareness about PTSI and the persistent stigma associated with mental health conditions;
 Whereas exposure to military trauma can lead to PTSI; Whereas PTSI significantly increases the risk of anxiety, depression, suicide, homelessness, and drug- and alcohol-related injuries and deaths, especially if left untreated;
 Whereas public perceptions of PTSI or other mental health injuries create unique challenges for veterans seeking employment;
 Whereas the Department of Defense and the Department of Veterans Affairs, as well as the larger medical community, both private and public, have made significant advances in the identification, prevention, diagnosis, and treatment of PTSI and the symptoms of PTSI, but many challenges remain;
 Whereas increased understanding of PTSI can help diminish the stigma attached to this mental health issue, and additional efforts are needed to find further ways to reduce this stigma—including an examination of how PTSI is discussed in the United States and a recognition that PTSI is a common injury that is treatable and repairable;
 Whereas the diagnosis now known as Post-Traumatic Stress Disorder was first defined by the American Psychiatric Association in 1980 to commonly and more accurately understand and treat veterans who had endured severe traumatic combat stress;
 Whereas combat stress has previously been viewed as a mental illness caused by a pre-existing flaw of character and/or ability; and the word disorder carries a stigma that perpetuates this misconception;
 Whereas making PTSI less stigmatizing and more honorable can favorably influence those affected and encourage them to seek help without fear of retribution or shame;
 Whereas PTSI can result from any number of stressors other than combat, including rape, sexual assault, battery, torture, confinement, child abuse, car accidents, train wrecks, plane crashes, bombings, or natural disaster, and affects approximately 8,000,000 adults in the United States annually; and
 Whereas the designation of a National Post-Traumatic Stress Injury Awareness Month and a National Post-Traumatic Stress Injury Day will raise public awareness about issues related to PTSI, reduce the stigma associated with PTSI, and help ensure that those suffering from the invisible wounds of war receive proper treatment: Now, therefore, be it

 That the House of Representatives— (1)supports the designation of National Post-Traumatic Stress Injury Awareness Month and National Post-Traumatic Stress Injury Awareness Day;
 (2)supports the efforts of the Secretary of Veterans Affairs and the Secretary of Defense, as well as the entire medical community, to educate members of the Armed Forces, veterans, the families of members of the Armed Forces and veterans, and the public about the causes, symptoms, and treatment of post-traumatic stress injury/injuries (PTSI);
 (3)encourages commanders of the Armed Forces to support appropriate treatment of men and women of the Armed Forces who are diagnosed with PTSI; and
 (4)respectfully requests that the Clerk of the House of Representatives transmit a copy of this resolution to the Secretary of Veterans Affairs and the Secretary of Defense.


117 S495 IS: Prioritizing Help to Businesses Act
U.S. Senate
2021-03-01
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.

II117th CONGRESS1st SessionS. 495IN THE SENATE OF THE UNITED STATESMarch 1, 2021Mr. Thune introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo prioritize the allocation of H–2B visas for States with low unemployment rates.1.Short titleThis Act may be cited as the Prioritizing Help to Businesses Act.2.Prioritizing the allocation of H–2B visas for States with low unemployment ratesSection 214(g)(10) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(10)) is amended to read as follows:(10)(A)Except as provided in subparagraphs (B) and (C), the numerical limitation under paragraph (1)(B) shall not apply to H–2B visas issued to aliens for positions that are certified for employment pursuant to subpart A of part 655 of title 20, Code of Federal Regulations, to perform service or labor in a State that had a seasonally adjusted unemployment rate of 3.5 percent or lower in at least 3 of the 6 most recent monthly reports issued by the Bureau of Labor Statistics during the previous fiscal half year corresponding to each allotment period of H–2B visas pursuant to subpart A of part 655 of title 20, Code of Federal Regulations.(B)The number of aliens exempted from the numerical limitation pursuant to subparagraph (A) in any State during any fiscal year may not exceed the lesser of—(i)125 percent of the number of visas issued to aliens working in such State during the most recently concluded fiscal year; or(ii)2,500.(C)If more H–2B visa applications are received in a fiscal year on behalf of aliens desiring to work in a State described in subparagraph (A) than the limit set forth in subparagraph (B)—(i)eligible applicants, in a number equal to such limit, shall be selected, by lottery, from such applications for the exemption under subparagraph (A); and(ii)the remaining applicants shall be subject to the numerical limitation under paragraph (1)(B)..


		II
		110th CONGRESS
		1st Session
		S. 198
		IN THE SENATE OF THE UNITED STATES

			January 8, 2007
			Mr. Lugar introduced the
			 following bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

			January 9, 2007
			Committee discharged; referred to the
			 Committee on Armed
			 Services

		A BILL
		To improve authorities to address urgent nonproliferation
		  crises and United States nonproliferation operations.

		1.Short titleThis Act may be cited as the
			 Nunn-Lugar Cooperative Threat Reduction Act of 2007.
		2.FindingsCongress makes the following
			 findings:
			(1)The possession by
			 hostile states or terrorist groups of nuclear, chemical, and biological weapons
			 of mass destruction, or related materials or means of delivery, represents the
			 greatest threat to the national security of the United States in the 21st
			 century.
			(2)It is the highest
			 priority of the United States to protect its territory, people, armed forces,
			 allies, and friends from attacks by dangerous regimes or terrorist groups using
			 weapons of mass destruction or related materials or means of delivery.
			(3)It is the policy
			 of the United States to ensure and strengthen verification and compliance with
			 the Treaty on the Non-proliferation of Nuclear Weapons, done at Washington,
			 London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly
			 known as the Nuclear Non-Proliferation Treaty), the Convention
			 on the Prohibition of the Development, Production, Stockpiling and Use of
			 Chemical Weapons and on Their Destruction, with Annexes, done at Paris January
			 13, 1993, and entered into force April 29, 1997 (commonly known as the
			 Chemical Weapons Convention), the Convention on the Prohibition
			 of the Development, Production and Stockpiling of Bacteriological (Biological)
			 and Toxin Weapons and on Their Destruction, done at Washington, London, and
			 Moscow April 10, 1972, and entered into force March 26, 1975 (commonly known as
			 the Biological Weapons Convention), the safeguards system of the
			 International Atomic Energy Agency (IAEA), and the commitments and control
			 lists of the Missile Technology Control Regime (MTCR), the Australia Group
			 (AG), the Nuclear Suppliers Group (NSG), and the Wassenaar Arrangement on
			 Export Controls for Conventional Arms and Dual-Use Goods and Technologies
			 (WA).
			(4)The national
			 security interests of the United States have been well-served by the enactment
			 of the Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law
			 102–228; 22 U.S.C. 2551 note), (commonly known as the Nunn-Lugar
			 Act), its successor law, the Cooperative Threat Reduction Act of 1993
			 (title XII of Public Law 103–160; 22 U.S.C. 5951 note), and the Defense Against
			 Weapons of Mass Destruction Act of 1996 (title XIV of Public Law 104–201; 50
			 U.S.C. 2301 et seq.) (commonly known as the Nunn-Lugar-Domenici
			 Act).
			(5)The Nunn-Lugar
			 Cooperative Threat Reduction program has, as of January 2007—
				(A)deactivated 6,934
			 nuclear warheads;
				(B)destroyed 637
			 intercontinental ballistic missiles;
				(C)eliminated 485
			 intercontinental ballistic missile silos;
				(D)destroyed 81
			 mobile intercontinental ballistic missile launchers;
				(E)eliminated 155
			 bombers;
				(F)destroyed 906
			 nuclear air-to-surface missiles;
				(G)eliminated 436
			 submarine-launched ballistic missile launchers;
				(H)eliminated 601
			 submarine-launched ballistic missiles;
				(I)destroyed 30
			 strategic nuclear submarines; and
				(J)sealed 194
			 nuclear test tunnels or holes.
				(6)On February 11,
			 2004, President George W. Bush called for the expansion of the Nunn-Lugar
			 Cooperative Threat Reduction program, stating: I propose to expand our
			 efforts to keep weapons from the Cold War and other dangerous materials out of
			 the wrong hands. In 1991, Congress passed the Nunn-Lugar legislation. Senator
			 Lugar had a clear vision, along with Senator Nunn, about what to do with the
			 old Soviet Union. Under this program, we’re helping former Soviet states find
			 productive employment for former weapons scientists. We’re dismantling,
			 destroying, and securing weapons and materials left over from the Soviet WMD
			 arsenal. We have more work to do there.
			3.Sense of
			 CongressIt is the sense of
			 Congress that—
			(1)all United States
			 capabilities must be utilized to prevent acts of catastrophic terrorism using
			 weapons of mass destruction or related materials or means of delivery;
			(2)in order to
			 prevent acts of catastrophic terrorism using weapons of mass destruction or
			 related materials or means of delivery, the United States must pursue a
			 strategy making full and effective use of multilateral and bilateral
			 agreements, missile defense, arms control, threat reduction assistance,
			 interdiction efforts, export controls, and United States proliferation
			 sanctions;
			(3)the United States
			 must not allow the world’s most dangerous weapons to fall into the hands of
			 dangerous regimes and terrorist groups;
			(4)the United States
			 must hold nations accountable for all violations of international
			 nonproliferation treaties, norms, and standards of conduct, and to the extent
			 that it is consistent with United States law and policy, provide assistance to
			 ensure that such treaties, norms, and standards of conduct are upheld rather
			 than violated; and
			(5)the President
			 must be provided the authority to use Nunn-Lugar Cooperative Threat Reduction
			 funds in a manner consistent with the high value Congress and the President
			 have placed on Cooperative Threat Reduction programs to reduce the threat posed
			 to the national security of the United States and international peace and
			 security by the proliferation of weapons of mass destruction or related
			 materials or means of delivery.
			4.Repeal of
			 restrictions
			(a)Soviet Nuclear
			 Threat Reduction Act of 1991Section 211(b) of the Soviet Nuclear
			 Threat Reduction Act of 1991 (title II of Public Law 102–228; 22 U.S.C. 2551
			 note) is repealed.
			(b)Cooperative
			 Threat Reduction Act of 1993Section 1203(d) of the Cooperative
			 Threat Reduction Act of 1993 (title XII of Public Law 103–160; 22 U.S.C.
			 5952(d)) is repealed.
			(c)Russian
			 Chemical Weapons Destruction FacilitiesSection 1305 of the
			 National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65; 22
			 U.S.C. 5952 note) is repealed.
			5.Inapplicability
			 of other restrictionsSection
			 502 of the Freedom for Russia and Emerging Eurasian Democracies and Open
			 Markets Support Act of 1992 (Public Law 102–511; 106 Stat. 3338; 22 U.S.C.
			 5852) shall not apply to any Cooperative Threat Reduction program.
		6.Cooperative
			 Threat Reduction programs definedIn this Act, the term Cooperative
			 Threat Reduction programs means programs and activities specified in
			 section 1501(b) of the National Defense Authorization Act for Fiscal Year 1997
			 (Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).


115 S3581 IS: Digital Goods and Services Tax Fairness Act of 2018
U.S. Senate
2018-10-11
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.

II115th CONGRESS2d SessionS. 3581IN THE SENATE OF THE UNITED STATESOctober 11, 2018Mr. Thune (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo promote neutrality, simplicity, and fairness in the taxation of digital goods and digital
			 services.

 1.Short titleThis Act may be cited as the Digital Goods and Services Tax Fairness Act of 2018.
		2.Multiple and
			 discriminatory taxes prohibited
 (a)Multiple taxesNo State or local jurisdiction shall impose multiple taxes on the sale or use of a covered electronic good or service.
 (b)Discriminatory taxesNo State or local jurisdiction shall impose discriminatory taxes on the sale or use of a digital good or a digital service.
			3.Sourcing Limitation
 Subject to section 6(a), taxes on the sale of a covered electronic good or service may only be imposed by a State or local jurisdiction whose territorial limits encompass the customer tax address.
		4.Customer tax
			 address
			(a)Seller
			 obligation
				(1)In
 generalSubject to subsection (e)(2), a seller shall be responsible for obtaining and maintaining in the ordinary course of business the customer tax address with respect to the sale of a covered electronic good or service, and shall be responsible for collecting and remitting the correct amount of tax for the State and local jurisdictions whose territorial limits encompass the customer tax address if the State or local jurisdiction has the authority to require such collection and remittance by the seller.
				(2)Certain
 transactionsWhen a customer tax address is not a business location of the seller under clause (i) of section 7(4)(A)—
 (A)if the sale is a separate and discrete transaction, then a seller shall use reasonable efforts to obtain a customer tax address, as such efforts are described in clauses (iii), (iv), and (v) of section 7(4)(A), before resorting to using a customer tax address as determined by clause (vi) of such section 7(4)(A); and
 (B)if the sale is not a separate and discrete transaction, then a seller shall use reasonable efforts to obtain a customer tax address, as such efforts are described in clauses (ii), (iii), (iv), and (v) of section 7(4)(A), before resorting to using a customer tax address as determined by clause (vi) of such section 7(4)(A).
					(b)Reliance on
 customer-Provided informationA seller that relies in good faith on information provided by a customer to determine a customer tax address shall not be held liable for any additional tax based on a different determination of that customer tax address by a State or local jurisdiction or court of competent jurisdiction, unless and until binding notice is given as provided in subsection (c).
			(c)Address
 correctionIf a State or local jurisdiction is authorized under State law to administer a tax, and the jurisdiction determines that the customer tax address determined by a seller is not the customer tax address that would have been determined under section 7(4)(A) if the seller had the additional information provided by the State or local jurisdiction, then the jurisdiction may give binding notice to the seller to correct the customer tax address on a prospective basis, effective not less than 45 days after the date of such notice, if—
 (1)when the determination is made by a local jurisdiction, such local jurisdiction obtains the consent of all affected local jurisdictions within the State before giving such notice of determination; and
 (2)before the State or local jurisdiction gives such notice of determination, the customer is given an opportunity to demonstrate in accordance with applicable State or local tax administrative procedures that the address used is the customer tax address.
				(d)Coordination
			 with sourcing of mobile telecommunications service
				(1)In
 generalIf— (A)a covered electronic good or service is sold to a customer by a home service provider of mobile telecommunications service that is subject to being sourced under section 117 of title 4, United States Code, or the charges for a covered electronic good or service are billed to the customer by such a home service provider; and
 (B)the covered electronic good or service is delivered, transferred, or provided electronically by means of mobile telecommunications service that is deemed to be provided by such home service provider under section 117 of such title,
					then the
			 home service provider and, if different, the seller of the covered
			 electronic good or service, may presume that the customer’s place of
			 primary use for
			 such
			 mobile telecommunications service is the customer tax address described in
			 section 7(4)(A)(ii) with respect to the sale of such covered electronic
 good or service.(2)DefinitionsFor purposes of this subsection, the terms home service provider, mobile telecommunications service, and place of primary use have the same meanings as in section 124 of title 4, United States Code.
				(e)Multiple
			 locations
				(1)In
 generalIf a digital service, audio or video programming service, or VoIP service is sold to a customer and available for use by the customer in multiple locations simultaneously, the seller may determine the customer tax addresses using a reasonable and consistent method based on the addresses of use as provided by the customer and determined in agreement with the customer at the time of sale or at a later time.
				(2)Direct customer
			 payment
					(A)Establishment
 of direct payment proceduresEach State and local jurisdiction shall provide reasonable procedures that permit the direct payment by a qualified customer, as determined under procedures established by the State or local jurisdiction, of taxes that are on the sale of covered electronic goods or services to multiple locations of the customer and that would, absent such procedures, be required or permitted by law to be collected from the customer by the seller.
					(B)Effect of
 customer compliance with direct payment proceduresWhen a qualified customer elects to pay tax directly under the procedures established under subparagraph (A), the seller shall—
 (i)have no obligation to obtain the multiple customer tax addresses under subsection (a); and
 (ii)not be liable for such tax, provided the seller follows the State and local procedures and maintains appropriate documentation in its books and records.
						5.Treatment of
			 bundled transactions, digital codes, and other rules
			(a)Bundled
 transactionIf a charge for a distinct and identifiable covered electronic good or service is aggregated with and not separately stated from one or more charges for other distinct and identifiable goods or services, which may include other covered electronic goods or services, and any part of the aggregation is subject to taxation, then the entire aggregation may be subject to taxation, except to the extent that the seller can identify, by reasonable and verifiable standards, one or more charges for the nontaxable goods or services from its books and records kept in the ordinary course of business.
			(b)Digital
 codeThe tax treatment of the sale of a digital code shall be the same as the tax treatment of the sale of the covered electronic good or service to which the digital code relates.
 (c)Application of fixed charges to VoIP serviceWith respect to VoIP service, if any tax is based on a fixed charge, such fixed charge shall be based on the number of simultaneous outbound calls the customer has purchased the right to place, regardless of actual usage or the number of the customer’s phone numbers.
			(d)Rule of
 constructionThe sale of a digital code shall be considered the sale transaction for purposes of this Act.
			6.No
			 inference
			(a)Customer
 liabilitySubject to the prohibition provided in section 2, nothing in this Act modifies, impairs, supersedes, or authorizes the modification, impairment, or supersession of any law allowing a State or local jurisdiction to impose tax on and collect tax directly from a customer based upon use of a covered electronic good or service in such State.
			(b)Non-Tax
 mattersThis Act shall not be construed to apply in, or to affect, any non-tax regulatory matter or other context.
			(c)State tax
 mattersThe definitions contained in this Act are intended to be used with respect to interpreting this Act. Nothing in this Act shall prohibit a State or local jurisdiction from adopting different nomenclature to enforce the provisions set forth in this Act.
 (d)Internet Tax Freedom ActNothing in this Act modifies, impairs, supersedes, or authorizes the modification, impairment, or supersession of the Internet Tax Freedom Act (47 U.S.C. 151 note).
 7.DefinitionsIn this Act, the following definitions shall apply:
 (1)Audio or video programming serviceThe term audio or video programming service means programming provided by, or generally considered comparable to programming provided by, a radio or television broadcast station, regardless of the facilities used to deliver or provide such service.
 (2)Covered electronic good or serviceThe term covered electronic good or service means a digital good, digital service, audio or video programming service, or VoIP service. (3)CustomerThe term customer means a person that purchases a covered electronic good or service or digital code.
			(4)Customer tax
			 address
				(A)In
 generalThe term customer tax address means— (i)with respect to the sale of a covered electronic good or service that is received by the customer at a business location of the seller, such business location;
 (ii)if clause (i) does not apply and the primary use location of the covered electronic good or service is known by the seller, such location;
 (iii)if neither clause (i) nor clause (ii) applies, and if the location where the covered electronic good or service is received by the customer, or by a donee of the customer that is identified by such customer, is known to the seller and maintained in the ordinary course of the seller’s business, such location;
 (iv)if none of clauses (i) through (iii) applies, the location indicated by an address for the customer that is available from the business records of the seller that are maintained in the ordinary course of the seller’s business, when use of the address does not constitute bad faith;
 (v)if none of clauses (i) through (iv) applies, the location indicated by an address for the customer obtained during the consummation of the sale, including the address of a customer’s payment instrument, when use of this address does not constitute bad faith; or
 (vi)if none of clauses (i) through (v) applies, including the circumstance in which the seller is without sufficient information to apply such paragraphs, one of the following locations, as selected by the seller, provided that such location is consistently used by the seller for all such sales to which this clause applies:
 (I)The location in the United States of the headquarters of the seller's business. (II)The location in the United States where the seller has the greatest number of employees.
 (III)The location in the United States— (aa)from which the seller makes digital goods available for electronic delivery; or
 (bb)from which digital services, VoIP services, or audio or video programming services are provided electronically.
 (B)ExclusionFor purposes of this paragraph, the term location does not include the location of a server, machine, or device, including an intermediary server, that is used simply for routing or storage.
				(5)Delivered or
 transferred electronically; provided electronicallyThe term delivered or transferred electronically means the delivery or transfer of a digital good by means other than tangible storage media, and the term provided electronically means the provision of a digital service, audio or video programming service, or VoIP service remotely via electronic means.
			(6)Digital
 codeThe term digital code means a code that conveys only the right to obtain a covered electronic good or service without making further payment.
			(7)Digital
 goodThe term digital good means any software or other good that is delivered or transferred electronically, including sounds, images, data, facts, or combinations thereof, maintained in digital format, where such software or other good is the true object of the transaction, rather than the activity or service performed to create such software or other good, that results in the delivery to the customer of a complete copy of such software or other good, with the right to use permanently or for a specified period, and includes, as an incidental component, charges for the delivery or transfer of such software or other good.
			(8)Digital
			 service
				(A)In
 generalThe term digital service means any service that is provided electronically, including the provision of remote access to or use of a digital good, and includes, as an incidental component, charges for the electronic provision of the digital service to the customer.
 (B)ExceptionsThe term digital service does not include a service that is predominantly attributable to the direct, contemporaneous expenditure of live human effort, skill, or expertise, a telecommunications service, an ancillary service, Internet access, audio or video programming service, or a hotel intermediary service.
				(C)Clarifying
 definitionsFor purposes of subparagraph (B)— (i)the term ancillary service means a service that is associated with or incidental to the provision of telecommunications services, including, but not limited to, detailed telecommunications billing, directory assistance, vertical service, and voice mail services;
 (ii)the term hotel intermediary service—
 (I)means a service provided by a person that facilitates the sale, use, or possession of a hotel room or other transient accommodation to the general public; and
 (II)does not include the purchase of a digital service by a person who provides a hotel intermediary service or by a person who owns, operates, or manages hotel rooms or other transient accommodations;
 (iii)the term Internet access means any service included within the definition of the term internet access under section 1105(5) of the Internet Tax Freedom Act (47 U.S.C. 151 note); and
 (iv)the term telecommunications service—
 (I)means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points;
 (II)includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing, without regard to whether such service is referred to as VoIP service; and
 (III)does not include data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where such purchaser’s primary purpose for the underlying transaction is the processed data or information.
						(9)Discriminatory
			 tax
 (A)In generalThe term discriminatory tax means any tax imposed by a State or local jurisdiction on digital goods or digital services that—
 (i)is not generally imposed and legally collectible by such State or local jurisdiction on transactions involving similar property, goods, or services accomplished through other means;
 (ii)is not generally imposed and legally collectible at the same or higher rate by such State or local jurisdiction on transactions involving similar property, goods, or services accomplished through other means;
 (iii)imposes an obligation to collect or pay the tax on a person, other than the seller, that the State or local jurisdiction would not impose in the case of transactions involving similar property, goods, or services accomplished through other means;
 (iv)establishes a classification of digital services or digital goods providers for purposes of establishing a higher tax rate to be imposed on such providers than the tax rate generally imposed on providers of similar property, goods, or services accomplished through other means; or
 (v)does not provide a resale and component part exemption for the purchase of digital goods or digital services in a manner consistent with the State’s resale and component part exemption applicable to the purchase of similar property, goods, or services accomplished through other means.
 (B)ClarificationFor purposes of this paragraph, any tax that is limited in its application to only certain services, providers, or industries shall not be considered to be generally imposed, with the exception of any State tax which is imposed—
 (i)in lieu of a generally imposed tax; and (ii)at a rate which is not greater than the rate of such tax.
					(10)Local jurisdiction
 (A)In generalThe term local jurisdiction means— (i)any municipality, city, county, township, parish, transportation district, or assessment jurisdiction;
 (ii)any other local jurisdiction in the territorial jurisdiction of the United States with the authority to impose a tax; and
 (iii)any governmental entity or person acting on behalf of an entity described in clause (i) or (ii) and with the authority to assess, impose, levy, or collect taxes.
 (B)ExceptionThe term local jurisdiction shall not include a State. (11)Multiple tax (A)In generalThe term multiple tax means any tax that is imposed by one State, one or more of that State’s local jurisdictions, or both on the same or essentially the same covered electronic good or service that is also subject to tax imposed by another State, one or more local jurisdictions in such other State (whether or not at the same rate or on the same basis), or both, without a credit for taxes paid in other jurisdictions.
 (B)ExceptionThe term multiple tax shall not include a tax imposed by a State and one or more political subdivisions thereof on the same covered electronic good or service or a tax on persons engaged in selling covered electronic goods or services which also may have been subject to a sales or use tax thereon.
				(12)Primary use
			 location
				(A)In
 generalThe term primary use location means a street address representative of where the customer’s use of a covered electronic good or service will primarily occur, which shall be the residential street address or a business street address of the actual end user of the covered electronic good or service, including, if applicable, the address of a donee of the customer that is designated by the customer.
				(B)Customers that
 are not individualsFor the purpose of subparagraph (A), if the customer is not an individual, the primary use location is determined by the location of the customer’s employees or equipment (machine or device) that make use of the covered electronic good or service, but does not include the location of a person who uses the covered electronic good or service as the purchaser of a separate good or service from the customer.
				(13)Sale and
 purchaseThe terms sale and purchase, and all variations thereof, shall include the provision, lease, rent, license, and corresponding variations thereof.
			(14)Seller
				(A)In
 generalThe term seller means a person making sales of covered electronic goods or services.
 (B)ExceptionsA person that provides billing service or electronic delivery or transport service on behalf of another unrelated or unaffiliated person, with respect to the other person’s sale of a covered electronic good or service, shall not be treated as a seller of that covered electronic good or service.
				(C)Rule of
 constructionNothing in this paragraph shall preclude the person providing the billing service or electronic delivery or transport service from entering into a contract with the seller to assume the tax collection and remittance responsibilities of the seller.
				(15)Separate and
 discrete transactionThe term separate and discrete transaction means a sale of a covered electronic good or service or digital code sold in a single transaction that does not involve any additional charges or continued payment in order to maintain possession of the digital good or access to or usage of the digital service, audio or video programming service, or VoIP service.
 (16)StateThe term State means—
 (A)any of the several States, the District of Columbia, or any territory or possession of the United States; and
 (B)any governmental entity or person acting on behalf of an entity described in subparagraph (A) and with the authority to assess, impose, levy, or collect taxes.
				(17)Tax
				(A)In
 generalThe term tax means any charge imposed by any State or local jurisdiction for the purpose of generating revenues for governmental purposes, including any tax, charge, or fee levied as a fixed charge or measured by gross amounts charged, regardless of whether such tax, charge, or fee is imposed on the seller or the customer and regardless of the terminology used to describe the tax, charge, or fee.
 (B)ExclusionsThe term tax does not include an ad valorem tax, a tax on or measured by capital, a tax on or measured by net income, apportioned gross income, apportioned revenue, apportioned taxable margin, or apportioned gross receipts, or a State or local jurisdiction business and occupation tax imposed on a broad range of business activity in a State that enacted a State tax on gross receipts after January 1, 1932, and before January 1, 1936.
 (18)VoIP serviceThe term VoIP service means any interconnected VoIP service, as defined in section 9.3 of title 47, Code of Federal Regulations, or any successor technology.
			8.Effective date;
			 application
			(a)General
 ruleThis Act shall take effect 60 days after the date of enactment of this Act.
 (b)ExceptionsA State or local jurisdiction shall have 2 years from the date of enactment of this Act to modify any State or local tax statute enacted prior to the date of enactment of this Act to conform to the provisions set forth in sections 4 and 5 of this Act.
			(c)Application to
 liabilities and pending casesNothing in this Act shall affect liability for taxes accrued and enforced before the effective date of this Act or affect ongoing litigation relating to such taxes.
			9.Savings
 provisionIf any provision or part of this Act is held to be invalid or unenforceable by a court of competent jurisdiction for any reason, such holding shall not affect the validity or enforceability of any other provision or part of this Act unless such holding substantially limits or impairs the essential elements of this Act, in which case this Act shall be deemed invalid and of no legal effect as of the date that the judgment on such holding is final and no longer subject to appeal.


114 S2867 IS: SEC Small Business Advocate Act of 2016
U.S. Senate
2016-04-27
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 CONGRESS2d SessionS. 2867IN THE SENATE OF THE UNITED STATESApril 27, 2016Ms. Heitkamp (for herself, Mr. Heller, and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Securities Exchange Act of 1934 to establish an Office of the Advocate for Small
			 Business Capital Formation and a Small Business Capital Formation Advisory
			 Committee, and for other purposes.

 1.Short titleThis Act may be cited as the SEC Small Business Advocate Act of 2016. 2.Establishment of the Office of the Advocate for Small Business Capital Formation and the Small Business Capital Formation Advisory Committee (a)Office of the advocate for small business capital formationSection 4 of the Securities Exchange Act of 1934 (15 U.S.C. 78d) is amended by adding at the end the following:

					(j)Office of the advocate for small business capital formation
 (1)Office establishedThere is established within the Commission the Office of the Advocate for Small Business Capital Formation (in this subsection referred to as the Office).
						(2)Advocate for small business capital formation
 (A)In generalThe head of the Office shall be the Advocate for Small Business Capital Formation, who shall— (i)report directly to the Commission; and
 (ii)be appointed by the Commission, from among individuals having experience in— (I)advocating for the interests of small businesses; and
 (II)encouraging small business capital formation.
 (B)CompensationThe annual rate of pay for the Advocate for Small Business Capital Formation shall be equal to the highest rate of annual pay for other senior executives who report directly to the Commission.
 (C)No current employee of the commissionAn individual may not be appointed as the Advocate for Small Business Capital Formation if the individual is employed by the Commission at the time of the appointment.
 (3)Staff of officeThe Advocate for Small Business Capital Formation, after consultation with the Commission, may retain or employ independent counsel, research staff, and service staff, as the Advocate for Small Business Capital Formation determines to be necessary to carry out the functions of the Office.
 (4)Functions of the advocate for small business capital formationThe Advocate for Small Business Capital Formation shall— (A)assist small businesses and small business investors in resolving significant problems that the businesses and investors may have with the Commission or with self-regulatory organizations;
 (B)identify areas in which small businesses and small business investors would benefit from changes in the regulations of the Commission or the rules of self-regulatory organizations;
 (C)identify problems that small businesses have with securing access to capital, including any unique challenges faced by minority-owned and women-owned small businesses;
 (D)analyze the potential impacts on small businesses and small business investors of— (i)proposed regulations of the Commission that are likely to have a significant economic impact on small businesses and small business capital formation; and
 (ii)proposed rules that are likely to have a significant economic impact on small businesses and small business capital formation of self-regulatory organizations registered under this title;
 (E)conduct outreach to small businesses and small business investors, including through regional roundtables, in order to solicit views on relevant capital formation issues;
 (F)to the extent practicable, propose to the Commission changes in the regulations or orders of the Commission and to Congress any legislative, administrative, or personnel changes that may be appropriate to—
 (i)mitigate problems identified under this paragraph; and
 (ii)promote the interests of small businesses and small business investors;
 (G)consult with the Investor Advocate on proposed recommendations made under subparagraph (F); and (H)advise the Investor Advocate on issues related to small businesses and small business investors.
 (5)Access to documentsThe Commission shall ensure that the Advocate for Small Business Capital Formation has full access to the documents and information of the Commission and any self-regulatory organization, as necessary to carry out the functions of the Office.
						(6)Annual report on activities
 (A)In generalNot later than December 31 of each year beginning in 2016, the Advocate for Small Business Capital Formation shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report on the activities of the Advocate for Small Business Capital Formation during the immediately preceding fiscal year.
 (B)ContentsEach report required under subparagraph (A) shall include— (i)appropriate statistical information and full and substantive analysis;
 (ii)information on steps that the Advocate for Small Business Capital Formation has taken during the reporting period to improve—
 (I)small business services; and (II)the responsiveness of the Commission and self-regulatory organizations with respect to small businesses and small business investor concerns;
 (iii)a summary of the most serious issues encountered by small businesses and small business investors, including any unique issues encountered by minority-owned and women-owned small businesses and investors in those small businesses, during the reporting period;
 (iv)an inventory of the items summarized under clause (iii), including— (I)items summarized under that clause for any prior reporting period—
 (aa)on which no action has been taken; or (bb)that have not been resolved to the satisfaction of the Advocate for Small Business Capital Formation as of the beginning of the reporting period covered by the report;
 (II)identification of any action taken by the Commission or the self-regulatory organization and the result of the action;
 (III)the length of time that each item has remained on the inventory; and (IV)for items on which no action has been taken—
 (aa)the reasons for the inaction; and (bb)an identification of any official who is responsible for taking action;
 (v)recommendations for legislative actions and changes to the regulations, guidance, and orders of the Commission that may be appropriate to—
 (I)resolve problems with the Commission and self-regulatory organizations encountered by small businesses and small business investors; and
 (II)encourage small business capital formation; and
 (vi)any other information, as determined appropriate by the Advocate for Small Business Capital Formation.
 (C)ConfidentialityNo report required under subparagraph (A) may contain confidential information. (D)IndependenceEach report required under subparagraph (A) shall be provided directly to the committees of Congress listed in that subparagraph without any prior review or comment from the Commission, any commissioner, any other officer or employee of the Commission, or the Office of Management and Budget.
 (7)RegulationsThe Commission shall establish procedures requiring a formal response to all recommendations submitted to the Commission by the Advocate for Small Business Capital Formation, not later than 3 months after the date of the submission.
 (8)Government-business forum on small business capital formationThe Advocate for Small Business Capital Formation shall be responsible for planning, organizing, and executing the annual Government-Business Forum on Small Business Capital Formation described in section 503 of the Small Business Investment Incentive Act of 1980 (15 U.S.C. 80c–1).
 (9)Rule of constructionNothing in this subsection may be construed as replacing or reducing the responsibilities of the Investor Advocate with respect to small business investors..
 (b)Small business capital formation advisory committeeTitle I of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding at the end the following:

					40.Small Business Capital Formation Advisory Committee
 (a)DefinitionsIn this section— (1)the term Committee means the Small Business Capital Formation Advisory Committee established under subsection (b);
 (2)the term emerging companies means emerging, privately held small businesses; (3)the term IPO means initial public offering; and
 (4)the term smaller public companies means publicly traded companies with less than $250,000,000 in public market capitalization. (b)Establishment and purpose (1)EstablishmentThere is established within the Commission the Small Business Capital Formation Advisory Committee.
							(2)Functions
 (A)In generalThe Committee shall provide the Commission with advice on the rules, regulations, and policies of the Commission with regard to the mission of the Commission of protecting investors, maintaining fair, orderly, and efficient markets, and facilitating capital formation, as those rules, regulations, and policies relate to—
 (i)capital raising— (I)by—
 (aa)emerging companies; and (bb)smaller public companies; and
 (II)through securities offerings, including— (aa)private and limited offerings; and
 (bb)initial and other public offerings;
 (ii)trading in the securities of emerging companies and smaller public companies; and (iii)public reporting and corporate governance requirements of emerging companies and smaller public companies.
 (B)LimitationThe Committee shall not provide any advice with respect to any policies, practices, actions, or decisions concerning the enforcement program of the Commission.
								(c)Membership
 (1)In generalThe members of the Committee shall be— (A)the Advocate for Small Business Capital Formation;
 (B)not fewer than 10, and not more than 20, members appointed by the Commission, from among individuals who—
 (i)represent emerging companies engaging in private and limited securities offerings or considering an IPO, including the officers and directors of the emerging companies;
 (ii)represent the professional advisors of emerging companies, including— (I)attorneys;
 (II)accountants; (III)investment bankers; and
 (IV)financial advisors; (iii)represent the investors in emerging companies, including—
 (I)angel investors; (II)venture capital funds; and
 (III)family offices;
 (iv)are officers or directors of minority-owned small businesses and women-owned small businesses; (v)represent smaller public companies, including the officers and directors of the companies;
 (vi)represent the professional advisors of smaller public companies, including— (I)attorneys;
 (II)auditors; (III)underwriters; and
 (IV)financial advisors; (vii)represent the pre-IPO and post-IPO investors in smaller public companies, which include investors that are—
 (I)institutional, such as venture capital funds; and
 (II)individual, such as angel investors; and (viii)represent participants in the marketplace for the securities of emerging companies and smaller public companies, including—
 (I)securities exchanges; (II)alternative trading systems;
 (III)analysts; (IV)information processors; and
 (V)transfer agents; and (C)3 non-voting members—
 (i)1 of whom shall be appointed by the Investor Advocate; (ii)1 of whom shall be appointed by the North American Securities Administrators Association; and
 (iii)1 of whom shall be appointed by the Administrator of the Small Business Administration. (2)TermEach member of the Committee appointed under subparagraph (B), (C)(ii), or (C)(iii) of paragraph (1) shall serve for a term of 4 years.
 (3)Members not commission employeesMembers appointed under subparagraph (B), (C)(ii), or (C)(iii) of paragraph (1) shall not be treated as employees or agents of the Commission solely because of membership on the Committee.
							(d)Chairman; vice chairman; secretary; assistant secretary
 (1)In generalThe members of the Committee shall elect, from among the members of the Committee— (A)a chairman;
 (B)a vice chairman; (C)a secretary; and
 (D)an assistant secretary. (2)TermEach member elected under paragraph (1) shall serve for a term of 3 years in the capacity for which the member was elected under paragraph (1).
							(e)Meetings
 (1)Frequency of meetingsThe Committee shall meet— (A)not less frequently than 4 times annually, at the call of the chairman of the Committee; and
 (B)from time to time, at the call of the Commission. (2)NoticeThe chairman of the Committee shall give the members of the Committee written notice of each meeting, not later than 2 weeks before the date of the meeting.
 (f)Compensation and travel expensesEach member of the Committee who is not a full-time employee of the United States shall— (1)be entitled to receive compensation at a rate not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Committee; and
 (2)while away from the home or regular place of business of the member in the performance of services for the Committee, be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code.
 (g)StaffThe Commission shall make available to the Committee such staff as the chairman of the Committee determines is necessary to carry out this section.
 (h)Review by commissionThe Commission shall— (1)review the findings and recommendations of the Committee; and
 (2)each time the Committee submits a finding or recommendation to the Commission, promptly issue a public statement—
 (A)assessing the finding or recommendation of the Committee; and (B)disclosing the action, if any, the Commission intends to take with respect to the finding or recommendation.
 (i)Federal advisory committee actThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to the Committee and the activities of the Committee..
 (c)Annual Government-Business forum on small business capital formationSection 503(a) of the Small Business Investment Incentive Act of 1980 (15 U.S.C. 80c–1(a)) is amended by inserting , acting through the Office of the Advocate for Small Business Capital Formation and in consultation with the Small Business Capital Formation Advisory Committee, after Securities and Exchange Commission.


116 HJ 32 IH: Proposing an amendment to the Constitution of the United States to give States the authority to repeal Federal rules and regulations when the repeal is agreed to by the legislatures of two-thirds of the several States.
U.S. House of Representatives
2019-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IA116th CONGRESS1st SessionH. J. RES. 32IN THE HOUSE OF REPRESENTATIVESJanuary 22, 2019Mr. Bishop of Utah submitted the following joint resolution; which was referred to the Committee on the JudiciaryJOINT RESOLUTIONProposing an amendment to the Constitution of the United States to give States the authority to
			 repeal Federal rules and regulations when the repeal is agreed to by the
			 legislatures of two-thirds of the several States.

 That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:

				 —
 1.The several States may repeal, in whole or in part, any Presidential Executive order, rule, regulation, other regulatory action, or administrative ruling issued by a department, agency, or instrumentality of the United States. Such repeal shall take effect upon approval by the legislatures of two-thirds of the several States of resolutions for this purpose that particularly describe the same whole or part of the Executive order, rule, regulation, other regulatory action, or administrative ruling to be repealed.
 2.Congress shall have power to enforce this article by appropriate legislation. .


110 HRES 142 IH: Honoring the life and accomplishments of

U.S. House of Representatives
2007-02-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		1st Session
		H. RES. 142
		IN THE HOUSE OF REPRESENTATIVES

			February 8, 2007
			Ms. Jackson-Lee of
			 Texas submitted the following resolution; which was referred to the
			 Committee on Oversight and Government
			 Reform

		RESOLUTION
		Honoring the life and accomplishments of
		  Kevin Dwayne Ener, a dedicated radio broadcaster who worked diligently to
		  provide valuable broadcast services to the Acres Homes Communities in Houston,
		  Texas.

		Whereas Kevin Ener was born on March 8, 1970, in Houston,
			 Texas, to Deborah Ener Lee and the late Carl Wesley Shankle;
		Whereas Kevin Ener was one of 8 children from a large and
			 loving family;
		Whereas Kevin Ener was educated at Aldine High School and
			 Texas Southern University, where he acquired the skills to become a trained
			 legal assistant;
		Whereas Kevin Ener’s true calling arose from his love of
			 music and love of his Acres Homes community;
		Whereas Kevin Ener began his first business venture at the
			 age of 13 as a mobile DJ at St. Monica’s Catholic Church, and
			 Sid Ranch;
		Whereas by the age of 20, he had run several record
			 labels, and by the age of 30, he owned his own record label, AHEM
			 Recording;
		Whereas he produced music for many local artists,
			 including Billy Cook, Phoenix, Big Mello, Hahje, Eda Massberg, and
			 Nuyorka;
		Whereas his interest in music production soon led him into
			 disk jockey performing, record and event promotions, graphic design and
			 production, merchandising, artist management, and, ultimately, radio
			 broadcasting;
		Whereas heart and soul, Kevin was a son of Acres Homes,
			 and in 2005, with his long-time friend Larry Williams, Kevin founded a low
			 power FM radio station whose signal originated from the living room of Kevin’s
			 Acres Homes house;
		Whereas as the station found its voice and audience, he
			 moved the broadcast signal up the FM dial from 89.1 to 96.1, and moved the
			 broadcast source to the corner of West Montgomery and S. Victory;
		Whereas the station was located in the heart of the
			 community, and soon became the heartbeat of the community;
		Whereas led by Kevin and his team of over 30 dedicated
			 volunteers, the station broadcast a wide range of music, public interest
			 announcements, live-remote events, and interviews with local politicians,
			 merchants, pastors, and artists;
		Whereas the depth and quality of the service 96.1FM
			 delivered to the Acres Homes community is evident in the tone and content of
			 awards, commendations and letters that Kevin and the station received from such
			 friends as State Representative Sylvester Turner, City Councilman Jarvis
			 Johnson, the Acres Homes Chamber of Commerce, and scores of Acres Homes civic
			 organizations, churches, small business owners, and up-and-coming rap, hip hop,
			 and gospel recording artists;
		Whereas Kevin Dwayne Ener passed away February 3, 2007;
			 and
		Whereas Kevin Dwayne Ener was the devoted husband of
			 Felicia Ener, and the proud father of 9 children, Brittany, Brandon, William,
			 Kevin, Lois, Dexter, Chase, Jessica, and Nyah: Now, therefore, be it

		That the House of Representatives
			 commends Kevin Dwayne Ener for his dedication and valuables service as a radio
			 broadcaster in the Acres Homes Community of Houston, Texas.


		IIB
		111th CONGRESS
		1st Session
		H. R. 409
		IN THE SENATE OF THE UNITED
		  STATES

			July 20, 2009
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To provide for the conveyance of certain
		  Bureau of Land Management land in the State of Nevada to the Las Vegas Motor
		  Speedway, and for other purposes.

		1.DefinitionsIn this Act:
			(1)Federal
			 landThe term Federal
			 land means the approximately 115 acres of Bureau of Land Management land
			 identified on the map as Lands identified for Las Vegas Speedway Parking
			 Lot Expansion.
			(2)MapThe term map means the map
			 titled Las Vegas Speedway Parking Lot Expansion, dated March 6,
			 2009, and on file in the Office of the Director of the Bureau of Land
			 Management.
			(3)SecretaryThe term Secretary means the
			 Secretary of the Interior.
			2.Conveyance of Federal
			 land to Nevada speedway
			(a)In
			 generalIf Nevada Speedway,
			 LLC, submits to the Secretary an offer to acquire the Federal land for the
			 appraised value, notwithstanding the land use planning requirements of section
			 202 and 203 of the Federal Land Policy and Management Act of 1976
			 (43 U.S.C.
			 1712, 1713), the Secretary shall convey to Nevada Speedway,
			 LLC, all right, title, and interest in and to the Federal land, subject to
			 valid existing rights.
			(b)Appraisal
				(1)In
			 generalNot later than 120
			 days after the date of enactment of this Act, the Secretary shall complete an
			 appraisal of the Federal land.
				(2)Applicable
			 lawThe appraisal under
			 paragraph (1) shall be conducted in accordance with—
					(A)the Uniform Appraisal Standards for Federal
			 Land Acquisitions; and
					(B)the Uniform Standards of Professional
			 Appraisal Practice.
					(3)CostsAll costs associated with the appraisal
			 required under paragraph (1) shall be paid by Nevada Speedway, LLC.
				(c)Payment of
			 considerationAs a condition
			 of the conveyance, Nevada Speedway, LLC, shall pay to the Secretary an amount
			 equal to the appraised value of the Federal land, as determined under
			 subsection (b).
			(d)Costs of
			 conveyanceAs a condition of
			 the conveyance, any costs of the conveyance under subsection (a) shall be paid
			 by Nevada Speedway, LLC.
			(e)ReversionIf Nevada Speedway, LLC, or any subsequent
			 owner of the Federal land conveyed under subsection (a), uses the Federal land
			 for purposes other than a parking lot for the Nevada Motor Speedway, all right,
			 title, and interest in and to the land (and any improvements to the land) shall
			 revert to the United States at the discretion of the Secretary.
			(f)ComplianceExcept
			 as otherwise provided in this Act, the conveyance authorized in this section
			 shall be carried out in compliance with all laws and regulations applicable to
			 the conveyance of Federal land.
			3.Withdrawal of federal
			 land
			(a)WithdrawalExcept as provided in section 2(a) and
			 subject to valid existing rights, the Federal land is withdrawn from—
				(1)all forms of entry, appropriation, and
			 disposal under the public land laws;
				(2)location, entry, and patent under the
			 mining laws; and
				(3)operation of the mineral leasing, mineral
			 materials, and geothermal leasing laws.
				(b)TerminationIf
			 2 years after the date of the enactment of this Act, the conveyance authorized
			 under section 2 has not been executed, the withdrawal under subsection (a)
			 shall have no force or effect.
			4.SunsetThe authority provided to the Secretary
			 under this Act shall terminate 5 years after the date of the enactment of this
			 Act.

			Passed the House of
			 Representatives July 16, 2009.
			Lorraine C. Miller,
			Clerk.


116 HR 3743 IH: Supporting Transparency to Overcome Poverty and Campus Hunger Act
U.S. House of Representatives
2019-07-12
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.

I116th CONGRESS1st SessionH. R. 3743IN THE HOUSE OF REPRESENTATIVESJuly 12, 2019Ms. Fudge (for herself, Mrs. Hayes, and Ms. Adams) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to require that certain information with respect to
			 nutrition assistance programs be annually disclosed, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Supporting Transparency to Overcome Poverty and Campus Hunger Act or the STOP Campus Hunger Act. 2.Student eligibility information for nutrition assistance programs (a)Information dissemination activitiesSection 485(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 1092(a)(1)) is amended—
 (1)in subparagraph (U), by striking the and at the end; (2)in subparagraph (V), by striking the period at the end and inserting a semicolon; and
 (3)by adding at the end the following:  (W)the most recent relevant student eligibility guidance with respect to the nutrition assistance programs established under—
 (i)section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014); and (ii)section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786);
 (X)the contact information for the State agencies responsible for administration of the programs specified in clauses (i) and (ii) of subparagraph (W); and
 (Y)the food pantries and other food assistance facilities and services available to students enrolled in such institution..
 (b)College Navigator websiteNot later than 30 days after the date of the enactment of this Act, the Secretary of Education shall make available and annually update on the College Navigator Website the most recent relevant student eligibility guidance with respect to the nutrition assistance programs established under—
 (1)section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014); and (2)section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786).