		II
		Calendar No. 299
		112th CONGRESS
		2d Session
		S. 485
		[Report No. 112–134]
		IN THE SENATE OF THE UNITED STATES

			March 3, 2011
			Mr. Levin (for himself
			 and Ms. Stabenow) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

			January 26, 2012
			Reported by Mr.
			 Rockefeller, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To expand the boundaries of the Thunder Bay
		  National Marine Sanctuary and Underwater Preserve, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Thunder Bay National Marine Sanctuary
			 and Underwater Preserve Boundary Modification Act.
		2.Findings and purposes
			(a)FindingsCongress makes the following
			 findings:
				(1)Thunder Bay National Marine Sanctuary and
			 Underwater Preserve in Lake Huron contains more than 100 recorded historic
			 vessel losses.
				(2)The areas immediately surrounding the
			 Sanctuary, including the offshore waters of Presque Isle and Alcona counties,
			 Michigan, contain an equal number of historic vessel losses.
				(3)Many of these shipwrecks and underwater
			 cultural resources are popular recreational diving destinations and all
			 contribute to our collective maritime heritage.
				(4)These resources are susceptible to damage
			 from human activities and must be properly preserved for their innate value and
			 to protect the economic viability of their contribution to national and
			 regional economies.
				(b)PurposesThe purposes of this Act are—
				(1)to expand the Thunder Bay National Marine
			 Sanctuary and Underwater Preserve boundaries to encompass the offshore waters
			 of Presque Isle and Alcona counties, Michigan, and outward to the international
			 border between the United States and Canada; and
				(2)to provide the underwater cultural
			 resources of those areas equal protection to that currently afforded to the
			 Sanctuary.
				3.DefinitionsIn this Act:
			(1)SanctuaryThe term Sanctuary means the
			 Thunder Bay National Marine Sanctuary and Underwater Preserve.
			(2)SecretaryThe term Secretary means the
			 Secretary of Commerce.
			4.Sanctuary boundary adjustment
			(a)Boundary adjustmentNotwithstanding any other provision of law,
			 including section 922.190 of title 15, Code of Federal Regulations, as in
			 effect on the date of the enactment of this Act, the Sanctuary shall consist of
			 the geographic area described in subsection (b).
			(b)Expanded sanctuary boundaryThe area referred to in subsection (a) is
			 all submerged lands, including the underwater cultural resources, lakeward of
			 the mean high water line, within the boundaries of a line formed by connecting
			 points in succession beginning at a point along the mean high water line
			 located approximately at 45.6262N, 84.2043W at the intersection of the northern
			 Presque Isle and northeastern Cheboygan County boundary, then north to a point
			 approximately 45.7523N, 84.2011W, then northeast to a point approximately
			 45.7777N, 84.1231W, then due east to the international boundary between the
			 United States and Canada approximately located at 45.7719N, 83.4840W then
			 following the international boundary between the United States and Canada in a
			 generally southeasterly direction to a point located approximately at 44.5128N,
			 82.3295W, then due west to a point along the mean high water line located
			 approximately at 44.5116N, 83.3186W at the intersection of the southern Alcona
			 County and northern Iosco County boundary, returning to the first point along
			 the mean high water line.
			(c)Authority To make minor
			 adjustmentsThe Secretary may
			 make minor adjustments to the boundary described in subsection (b) to
			 facilitate enforcement and clarify the boundary to the public if the resulting
			 boundary is consistent with the purposes described in section 2(b).
			(d)Inclusion in the national marine sanctuary
			 systemThe area described in
			 subsection (b), as modified in accordance with subsection (c), shall be managed
			 as part of the National Marine Sanctuary System established by section 301(c)
			 of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with
			 that Act.
			(e)Updated national oceanic and atmospheric
			 administration chartsThe
			 Secretary shall—
				(1)produce updated National Oceanic and
			 Atmospheric Administration charts for the area in which the Sanctuary is
			 located; and
				(2)include on such charts the boundaries of
			 the Sanctuary described in subsection (b), as modified in accordance with
			 subsection (c).
				5.Extension of regulations and
			 management
			(a)RegulationsThe regulations applicable to the Sanctuary
			 codified in subpart R of part 922 of title 15, Code of Federal Regulations, as
			 in effect on the date of the enactment of this Act, shall apply to the
			 geographic area added to the Sanctuary pursuant to section 4, unless the
			 Secretary specifies otherwise by regulation.
			(b)Existing certificationsThe Secretary may certify that any license,
			 permit, approval, other authorization, or right to conduct a prohibited
			 activity authorized pursuant to section 922.194 of title 15, Code of Federal
			 Regulations, that exists on the date of the enactment of this Act shall apply
			 to such an activity conducted within the geographic area added to the Sanctuary
			 pursuant to section 4.
			(c)Date of sanctuary designationFor purposes of section 922.194 of title
			 15, Code of Federal Regulations, the date of Sanctuary designation shall be the
			 date of the enactment of this Act.
			(d)Management planTo the extent practicable, the Secretary
			 shall apply the management plan in effect for the Sanctuary on the date of the
			 enactment of this Act to the geographic area added to the Sanctuary pursuant to
			 section 4.

		1.Short titleThis Act may be cited as the
			 Thunder Bay National Marine Sanctuary
			 and Underwater Preserve Boundary Modification Act.
		2.Findings and purposes
			(a)FindingsCongress makes the following
			 findings:
				(1)Thunder Bay National Marine Sanctuary and
			 Underwater Preserve in Lake Huron contains more than 100 recorded historic
			 vessel losses.
				(2)The areas immediately surrounding the
			 Sanctuary, including the offshore waters of Presque Isle and Alcona counties,
			 Michigan, contain an equal number of historic vessel losses.
				(3)Many of these shipwrecks and underwater
			 cultural resources are popular recreational diving destinations and all
			 contribute to our collective maritime heritage.
				(4)These resources are susceptible to damage
			 from human activities and must be properly preserved for their innate value and
			 to protect the economic viability of their contribution to national and
			 regional economies.
				(b)PurposesThe purposes of this Act are—
				(1)to expand the Thunder Bay National Marine
			 Sanctuary and Underwater Preserve boundaries to encompass the offshore waters
			 of Presque Isle and Alcona counties, Michigan, and outward to the international
			 border between the United States and Canada; and
				(2)to provide the underwater cultural
			 resources of those areas equal protection to that currently afforded to the
			 Sanctuary.
				3.DefinitionsIn this Act:
			(1)SanctuaryThe term Sanctuary means the
			 Thunder Bay National Marine Sanctuary and Underwater Preserve.
			(2)SecretaryThe term Secretary means the
			 Secretary of Commerce.
			4.Sanctuary boundary adjustment
			(a)Boundary adjustmentNotwithstanding any other provision of law,
			 including section 922.190 of title 15, Code of Federal Regulations, as in
			 effect on the date of the enactment of this Act, the Sanctuary shall consist of
			 the geographic area described in subsection (b).
			(b)Expanded sanctuary boundaryThe area referred to in subsection (a) is
			 all submerged lands, including the underwater cultural resources, lakeward of
			 the mean high water line, within the boundaries of a line formed by connecting
			 points in succession beginning at a point along the mean high water line
			 located approximately at 45.6262N, 84.2043W at the intersection of the northern
			 Presque Isle and northeastern Cheboygan County boundary, then north to a point
			 approximately 45.7523N, 84.2011W, then northeast to a point approximately
			 45.7777N, 84.1231W, then due east to the international boundary between the
			 United States and Canada approximately located at 45.7719N, 83.4840W then
			 following the international boundary between the United States and Canada in a
			 generally southeasterly direction to a point located approximately at 44.5128N,
			 82.3295W, then due west to a point along the mean high water line located
			 approximately at 44.5116N, 83.3186W at the intersection of the southern Alcona
			 County and northern Iosco County boundary, returning to the first point along
			 the mean high water line.
			(c)Authority To make minor
			 adjustmentsThe Secretary may
			 make minor adjustments to the boundary described in subsection (b) to
			 facilitate enforcement and clarify the boundary to the public if the resulting
			 boundary is consistent with the purposes described in section 2(b).
			(d)Inclusion in the national marine sanctuary
			 systemThe area described in
			 subsection (b), as modified in accordance with subsection (c), shall be managed
			 as part of the National Marine Sanctuary System established by section 301(c)
			 of the National Marine Sanctuaries Act (16 U.S.C. 1431(c)), in accordance with
			 that Act.
			(e)Updated national oceanic and atmospheric
			 administration chartsThe
			 Secretary shall—
				(1)produce updated National Oceanic and
			 Atmospheric Administration charts for the area in which the Sanctuary is
			 located; and
				(2)include on such charts the boundaries of
			 the Sanctuary described in subsection (b), as modified in accordance with
			 subsection (c).
				5.Extension of regulations and
			 management
			(a)RegulationsThe regulations applicable to the Sanctuary
			 codified in subpart R of part 922 of title 15, Code of Federal Regulations, as
			 in effect on the date of the enactment of this Act, shall apply to the
			 geographic area added to the Sanctuary pursuant to section 4, unless the
			 Secretary specifies otherwise by regulation.
			(b)Existing certificationsThe Secretary may certify that any license,
			 permit, approval, other authorization, or right to conduct a prohibited
			 activity authorized pursuant to section 922.194 of title 15, Code of Federal
			 Regulations, that exists on the date of the enactment of this Act shall apply
			 to such an activity conducted within the geographic area added to the Sanctuary
			 pursuant to section 4.
			(c)Date of sanctuary designationFor purposes of section 922.194 of title
			 15, Code of Federal Regulations, the date of Sanctuary designation shall be the
			 date of the enactment of this Act.
			(d)Management planTo the extent practicable, the Secretary
			 shall apply the management plan in effect for the Sanctuary on the date of the
			 enactment of this Act to the geographic area added to the Sanctuary pursuant to
			 section 4.
			6.ConstructionNothing in this Act may be construed to
			 increase or require an increase of the amount of appropriated funds or of the
			 authorization of appropriations for the Thunder Bay National Marine Sanctuary
			 and Underwater Preserve.

		January 26, 2012
		Reported with an amendment


115 HR 3976 IH: Access to Marketplace Insurance Act
U.S. House of Representatives
2017-10-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3976IN THE HOUSE OF REPRESENTATIVESOctober 5, 2017Mr. Cramer (for himself, Mr. Garamendi, Ms. Stefanik, Mr. Lamborn, Mr. Franks of Arizona, Mr. Allen, Mr. Cook, Ms. McSally, Mr. Goodlatte, Mr. DeSaulnier, Mr. Brat, Mr. Peterson, Mr. Gallagher, Ms. Pingree, Mr. Higgins of Louisiana, and Mr. Duncan of Tennessee) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Patient Protection and Affordable Care Act to allow for certain third-party payments.

 1.Short titleThis Act may be cited as the Access to Marketplace Insurance Act. 2.Payment of premiums by certain third parties on behalf of qualified individuals (a)In generalSection 1312 of the Patient Protection and Affordable Care Act (42 U.S.C. 18032) is amended—
 (1)by redesignating subsections (c) through (f) as subsections (d) through (g), respectively; and (2)by inserting after subsection (b) the following new subsection:

 (c)Payment of premiums by certain qualified third parties on behalf of a qualified individualA qualified individual enrolled in any qualified health plan may allow certain third parties to pay any applicable premium or cost sharing owed by such individual to the health insurance issuer issuing such qualified health plan, and the health insurance issuer shall accept and count toward the annual limitations in section 1302(c) such payments made on behalf of qualified individuals, including payments from the following:
 (1)A State or Federal government program, including assistance provided under a grant under title XXVI of the Public Health Service Act.
 (2)Indian tribes, tribal organizations, or urban Indian organizations. (3)A program conducted by an organization which is—
 (A)exempt from taxation under section 501(a) of the Internal Revenue Code of 1986; (B)described in clause (i) or (vi) of section 170(b)(1)(A) of such Code; and
 (C)operated in compliance with applicable Federal laws, including sections 3729 through 3733 of title 31, United States Code (known as the False Claims Act).
 (d)EducationThe Secretary is authorized to make and enforce such regulations as necessary to assure that individuals eligible for the Medicare program under part A of title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, or coverage under an available Medicare supplemental health insurance policy under section 1882 of such Act receive proper education related to all of their coverage options, including qualified health plan coverage..
 (b)Effective dateThe amendments made by subsection (a) shall apply with respect to premiums and cost-sharing paid on or after the date that is 90 days after the date of the enactment of this Act.


114 HRES 463 IH: Recognizing October 7th as National Trigeminal Neuralgia Awareness Day.
U.S. House of Representatives
2015-10-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		1st Session
		H. RES. 463
		IN THE HOUSE OF REPRESENTATIVES

			October 6, 2015
			Mr. Brendan F. Boyle of Pennsylvania submitted the following resolution; which was referred to the Committee on Energy and Commerce

		RESOLUTION
		Recognizing October 7th as National Trigeminal Neuralgia Awareness Day.

 Whereas Trigeminal Neuralgia is a disease that impacts men and women of all ages, races, and ethnicities;Whereas Trigeminal Neuralgia is typically diagnosed after the age of fifty, but affects individuals of all ages, including children and infants;Whereas it is estimated that 120,000 to 150,000 people are diagnosed with Trigeminal Neuralgia every year;Whereas Trigeminal Neuralgia is a neurological disease of the fifth cranial nerve that alters the sensation of touch to the face, resulting in excruciating pain;Whereas the pain caused by the disease is of such intensity that Trigeminal Neuralgia is also known as the suicide disease and the worst pain known to man;Whereas Trigeminal Neuralgia is not directly inherited, though studies show that genetic factors can indicate that certain individuals are susceptible to the disease;Whereas the exact cause of Trigeminal Neuralgia is still unknown;Whereas, though some patients are helped by surgery, Trigeminal Neuralgia is often unresponsive to surgical and pharmaceutical intervention, or the benefit of those interventions are short-lived;Whereas many sufferers and supporters of those with Trigeminal Neuralgia have formed groups dedicated to providing education, support, and the raising of funds for research, and the Trigeminal Neuralgia Awareness Facial Pain Association having spearheaded the implementation of a Trigeminal Neuralgia Awareness Day;Whereas these organizations are dedicated not only to educating the public, the medical community, and patients, but also to raising funds for direly needed research into the causes and potential cures of Trigeminal Neuralgia;Whereas additional funding and research can enable those individuals disabled by this disorder to live to their fullest potential again;Whereas the goals of Trigeminal Neuralgia Awareness Day are to invite individuals to join the movement to end Trigeminal Neuralgia, to encourage individuals to demonstrate a commitment to moving toward a world free of Trigeminal Neuralgia, and to acknowledge the individuals who have dedicated their time and talent to promote research and programs to end Trigeminal Neuralgia; andWhereas this year and every year hereafter October 7th is recognized as Trigeminal Neuralgia Awareness Day: Now, therefore, be it

 That the House of Representatives—(1)supports the goals and ideals of Trigeminal Neuralgia Awareness Day;(2)encourages States, territories, possessions of the United States, and localities to support the goals and interests of Trigeminal Neuralgia Awareness Day by issuing proclamations designating Trigeminal Neuralgia Awareness Day;(3)encourages media organizations to participate in Trigeminal Neuralgia Awareness Day and help provide education to the public about Trigeminal Neuralgia;(4)commends the efforts of the States, territories, and possessions of the United States to support the goals and ideals of Trigeminal Neuralgia Awareness Day;(5)recognizes and reaffirms the commitment of the United States to ending Trigeminal Neuralgia by promoting—(A)awareness about individuals who are affected by Trigeminal Neuralgia; and(B)education programs, supporting research, and expanding access to medical treatment;(6)recognizes the pain which all individuals in the United States with Trigeminal Neuralgia suffer;(7)expresses gratitude to the family members and friends of individuals living with Trigeminal Neuralgia, who are a source of love and encouragement to those individuals; and(8)salutes the health care professionals and medical researchers who—(A)provide assistance to those individuals affected by Trigeminal Neuralgia; and(B)continue to work to find ways to end Trigeminal Neuralgia forever.


115 S800 IS: Coal Cleanup Taxpayer Protection Act
U.S. Senate
2017-03-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 800IN THE SENATE OF THE UNITED STATESMarch 30, 2017Ms. Cantwell (for herself, Mr. Whitehouse, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo protect taxpayers from liability associated with the reclamation of surface coal mining
			 operations, and for other purposes.

 1.Short titleThis Act may be cited as the Coal Cleanup Taxpayer Protection Act. 2.Surface coal mining bondingSection 509 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1259) is amended—
 (1)by striking subsection (c) and inserting the following:  (c)Alternative Bonding SystemThe Secretary may approve as part of a State or Federal program an alternative system that will—
 (1)achieve the objectives and purposes of the bonding program pursuant to this section; and
 (2)result in no greater risk of financial liability to the Federal Government or a State government than the bonding program under this section.; and
 (2)by adding at the end the following:  (f)Self-Bonding (1)Federal programs (A)In generalEffective on the date of enactment of this subsection, the Secretary—
 (i)may not accept the bond of the applicant itself (referred to in this subsection as a self-bond); but (ii)may accept a separate surety or collateral bond, consistent with the terms under subsection (b).
 (B)Existing self-bondsFor coal mining operations covered by a self-bond accepted by the Secretary prior to the date of enactment of this subsection, the permittee shall replace the self-bond with another form of bond acceptable to the Secretary under this section by not later than the earlier of—
 (i)the date of renewal of the permit under section 506(d); and
 (ii)the date of any major permit modification under section 506. (2)State programs (A)In generalNot later than 90 days after the date of enactment of this subsection, the Secretary shall notify all State regulatory authorities that allow applicants to self-bond that the approved regulatory programs of the State regulatory authority must be amended—
 (i)to remove the authority for applicants to self-bond; and (ii)to require coal mining operations covered by a self-bond accepted by the State regulatory authority prior to the date of enactment of this subsection to replace the self-bond with another form of bond acceptable under this section by not later than the earlier of—
 (I)the date of renewal of the permit under section 506(d); and
 (II)the date of any major permit modification under section 506. (g)Bonds issued by surety (1)In generalNot later than 1 year after the date of enactment of this subsection, the Secretary shall issue rules establishing limitations on surety bonds accepted under this section to minimize the risk of financial liability to the Federal Government or a State government, including rules regarding—
 (A)the maximum quantity of corporate surety bonds issued by any 1 corporate surety as a percentage of the total quantity of coal mine reclamation bonds in any 1 State;
 (B)the minimum percentage of surety bonds unrelated to activities regulated pursuant to this Act required to reinsure corporate surety bonds;
 (C)the minimum collateralization required for corporate surety bonds; and (D)the minimum amount of cash assets required to be held by a corporate surety as a percentage of coal mine reclamation bonds issued by the corporate surety.
 (2)Existing corporate bondsCorporate surety bonds in existence on the date of enactment of this subsection must be modified or replaced as necessary by not later than 1 year after the date on which the rule is issued under paragraph (1).
 (h)Collateral requirementsReal property posted as collateral for a bond may not include— (1)coal;
 (2)a coal mine; (3)land that includes a coal mine;
 (4)land that is located above a coal mine; (5)a coal processing facility;
 (6)a coal waste disposal site; (7)coal mining equipment unlikely to retain salvage or resale value; or
 (8)any other property determined by the Secretary. (i)Executive compensationThe Secretary may require the inclusion of executive compensation, including salaries and bonuses of officers and executives, of an applicant under this section, and any affiliated company, as collateral for a bond under this section..


114 S1901 IS: Small Business Access to Capital Act of 2015
U.S. Senate
2015-07-30
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. 1901IN THE SENATE OF THE UNITED STATESJuly 30, 2015Ms. Stabenow (for herself, Mrs. Shaheen, and Mr. Peters) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo help small businesses access capital and create jobs by reauthorizing the successful State Small
			 Business Credit Initiative.

 1.Short titleThis Act may be cited as the Small Business Access to Capital Act of 2015.
 2.New Tranches of capital for successful State programsSection 3003 of the Small Business Jobs Act of 2010 (12 U.S.C. 5702) is amended by adding at the end the following:

				(d)Additional allocation and competitive awards
 (1)DefinitionsIn this subsection— (A)the term eligible participating State means a participating State that has certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the second 1/3 of the 2010 allocation transferred to the State under subsection (c)(1)(A)(iii); and
 (B)the term unused funds means— (i)amounts made available to the Secretary under clause (i)(II) or (ii)(II) of paragraph (2)(E); and
 (ii)amounts made available to the Secretary under paragraph (4)(B)(ii). (2)Allocation for 2010 participating States (A)AllocationOf the amount made available under paragraph (6)(D), the Secretary shall allocate a total of $500,000,000 among eligible participating States in the same ratio as funds were allocated under the 2010 allocation under subsection (b)(1) among participating States.
 (B)ApplicationAn eligible participating State desiring to receive funds allocated under this paragraph shall submit an application—
 (i)not later than the date that is 6 months after the date of enactment of the Small Business Access to Capital Act of 2015; and (ii)in such manner and containing such information as the Secretary may require.
							(C)Availability of allocated amount
 (i)In generalNotwithstanding subsection (c)(1), after an eligible participating State approved by the Secretary to receive an allocation under this paragraph has certified to the Secretary that the eligible participating State has expended, transferred, or obligated not less than 80 percent of the last 1/3 of the 2010 allocation to the eligible participating State, the Secretary shall transfer to the eligible participating State the funds allocated to the eligible participating State under this paragraph.
 (ii)Effect on agreementsThe allocation or transfer of funds under this paragraph to an eligible participating State shall not be construed to—
 (I)amend or modify the terms of the Allocation Agreement entered into by the eligible participating State relating to the 2010 allocation; or
 (II)modify or extend the Allocation Time Period, as defined under such Allocation Agreement. (D)Use of transferred fundsAn eligible participating State may use funds transferred under this paragraph for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3).
						(E)Termination of availability of amounts
 (i)In generalIf an eligible participating State has not certified to the Secretary that the State has expended, transferred, or obligated not less than 80 percent of the last 1/3 of the 2010 allocation as of the date that is 2 years after the date on which the Secretary approves the eligible participating State to receive an allocation under this paragraph, any amounts allocated to the eligible participating State under this paragraph—
 (I)may not be transferred to the eligible participating State under this paragraph; and (II)shall be available to the Secretary to make awards under paragraph (4).
 (ii)Other amountsEffective on the date that is 2 years after the date of enactment of the Small Business Access to Capital Act of 2015, any amounts allocated under this paragraph to a participating State that, as of such date, is not an eligible participating State or to an eligible participating State that did not submit an application under subparagraph (B) or was not approved by the Secretary to receive an allocation under this paragraph—
 (I)may not be transferred to an eligible participating State under this paragraph; and (II)shall be available to the Secretary to make awards under paragraph (4).
								(3)Competitive funding
 (A)In generalOf the amount made available under paragraph (6)(D), the Secretary may award, on a competitive basis, not more than a total of $1,000,000,000 to participating States and consortiums of participating States for use for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3).
						(B)Application
 (i)In generalA participating State or consortium of participating States desiring to receive an award under this paragraph shall submit an application—
 (I)not later than the date established by the Secretary, which shall be not later than the date that is 1 year after the date of enactment of the Small Business Access to Capital Act of 2015; and
 (II)in such manner and containing such information as the Secretary may require. (ii)Number of applicationsA participating State may submit not more than 1 application on behalf of the participating State and not more than 1 application as part of a consortium of participating States.
 (iii)States that did not participateA State that is not a participating State may apply to the Secretary for approval to be a participating State for purposes of this paragraph and paragraph (4), in accordance with section 3004.
 (C)FactorsIn determining whether to make an award to a participating State or consortium of participating States under this paragraph, the Secretary shall consider—
 (i)how the participating State or consortium of participating States plan to use amounts provided under the award under the approved State program to—
 (I)leverage private sector capital; (II)create and retain jobs during the 2-year period beginning on the date of the award;
 (III)serve businesses that have been incorporated or in operation for not more than 5 years; and (IV)serve low- or moderate-income communities;
 (ii)the extent to which the participating State or consortium of participating States will establish or continue a robust self-evaluation of the activities of the participating State or consortium of participating States using amounts made available under this title;
 (iii)the extent to which the participating State or consortium of participating States will provide non-Federal funds in excess of the amount required under subparagraph (E); and
 (iv)the extent to which the participating State expended, obligated, or transferred the 2010 allocation to the State.
							(D)Award of funds
 (i)First trancheNotwithstanding subsection (c)(1), and not later than 30 days after making an award under this paragraph to a participating State or consortium of participating States, the Secretary shall transfer 50 percent of the amount of the award to the participating State or consortium of participating States.
 (ii)Second trancheAfter a participating State or consortium of participating States has certified to the Secretary that the participating State or consortium of participating States has expended, transferred, or obligated not less than 80 percent of the amount transferred under clause (i), the Secretary shall transfer to the participating State or consortium of participating States the remaining amount of the award.
 (E)State shareThe State share of the cost of the activities, excluding administrative expenses, carried out using an award under this paragraph shall be not less than 10 percent. The Secretary may determine what contributions by a State qualify as part of the State share of the cost for purposes of this subparagraph.
						(4)Award of unused funds
 (A)In generalThe Secretary may award, on a competitive basis, unused funds to participating States for use for any purpose authorized under subparagraph (A) or (B) of subsection (c)(3).
						(B)Unused 2010 funds
 (i)In generalThe Secretary shall determine whether any amounts allocated to a participating State under subsection (b) shall be deemed no longer allocated and no longer available if a participating State has not certified to the Secretary that the State has expended, transferred, or obligated 80 percent of the second 1/3 of the 2010 allocation by December 31, 2016.
 (ii)AvailabilityEffective on the date of the determination under clause (i), any amounts identified in the determination that were deemed no longer allocated and no longer available to the participating State shall be available to the Secretary to make awards under this paragraph.
 (C)ApplicationA participating State desiring to receive an award under this paragraph shall submit an application—
 (i)not later than 3 months after the date on which funds are deemed no longer allocated and no longer available to any participating State; and
 (ii)in such manner and containing such information as the Secretary may require. (D)FactorsIn determining whether to make an award to a participating State under this paragraph, the Secretary shall consider the factors described in paragraph (3)(C).
 (E)Minimum amountThe Secretary may not make an award of less than $5,000,000 under this paragraph. (5)Compliance and reporting requirementsDuring the period beginning on the date on which a participating State first receives funds under paragraph (2), (3), or (4) and ending on the date that is 8 years after the date of enactment of the Small Business Access to Capital Act of 2015, the participating State shall submit quarterly and annual reports containing the information described in, and in accordance with the deadlines established under, section 3007.
					(6)Administration and implementation
 (A)Administrative expenses for participating StatesA participating State may use not more than 3 percent of the amount made available to the participating State under paragraph (2), (3), or (4) for administrative expenses incurred by the participating State in implementing an approved State program.
 (B)ContractingDuring the 1-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2015, and notwithstanding any other provision of law relating to public contracting, the Secretary may enter into contracts to carry out this subsection.
 (C)Amounts not assistanceAny amounts transferred to a participating State under paragraph (2), (3), or (4) shall not be considered assistance for purposes of subtitle V of title 31, United States Code.
 (D)AppropriationThere are appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $1,500,000,000 to carry out this subsection, including to pay reasonable costs of administering the programs under this subsection, to remain available until expended.
 (E)Termination of secretary’s program administration functionsThe authorities and duties of the Secretary to implement and administer the program under this subsection shall terminate at the end of the 8-year period beginning on the date of enactment of the Small Business Access to Capital Act of 2015..


		II
		111th CONGRESS
		1st Session
		S. 1792
		IN THE SENATE OF THE UNITED STATES

			October 15, 2009
			Mr. Rockefeller (for
			 himself and Mr. Grassley) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to modify the
		  requirements for windows, doors, and skylights to be eligible for the credit
		  for nonbusiness energy property.

		1.Modification of standards for
			 windows, doors, and skylights with respect to the credit for nonbusiness energy
			 property
			(a)In
			 generalParagraph (4) of section 25C(c) of the Internal Revenue
			 Code of 1986 is amended by striking is equal to and all that
			 follows and inserting meets the criteria for such components established
			 by the 2010 Energy Star Program Requirements for Residential Windows, Doors,
			 and Skylights, Version 5.0 (or any subsequent version of such requirements
			 which is in effect after January 4, 2010)..
			(b)Effective
			 dateThe amendment made by this section shall apply to property
			 placed in service after December 31, 2009.


113 HR 4579 IH: To require the Secretary of Education to verify that individuals have made a commitment to serve in the Armed Forces or in public service, or otherwise are a borrower on an eligible loan which has been submitted to a guaranty agency for default aversion or is already in default, before such individuals obtain a consolidation loan for purposes specified under section 455(o) of the Higher Education Act of 1965.
U.S. House of Representatives
2014-05-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4579
		IN THE HOUSE OF REPRESENTATIVES

			May 6, 2014
			Mr. Salmon (for himself, Mr. Hastings of Florida, Mr. Roe of Tennessee, Mr. Garcia, Mr. Guthrie, Mr. Hunter, Mr. Walberg, Mr. Murphy of Florida, and Mr. Engel) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To require the Secretary of Education to verify that individuals have made a commitment to serve in
			 the Armed Forces or in public service, or otherwise are a borrower on an
			 eligible loan which has been submitted to a guaranty agency for default
			 aversion or is already in default, before such individuals obtain a
			 consolidation loan for purposes specified under section 455(o) of the
			 Higher Education Act of 1965.

		1.Required verificationSection 428C of the Higher Education Act of 1965 (20 U.S.C. 1078–3) is amended—
			(1)in subsection (a)(3)(B)(i)(V)(aa), by inserting before the period at the end the following: in a case in which the Secretary verifies that the individual is currently eligible for income
			 contingent repayment or income-based repayment and that the loan(s) in
			 question have been submitted to the guaranty agency for default aversion
			 or if the loan is already in default;
			(2)in subsection (a)(3)(B)(i)(V)(bb), by inserting before the period at the end the following: in a case in which the Secretary verifies with documentation that the individual is, at the time of
			 the application, employed in a public service job, as that term is defined
			 in section 455(m)(3);
			(3)in subsection (a)(3)(B)(i)(V)(cc), by inserting before the period at the end the following: in a case in which the Secretary verifies that the individual is a member of a regular or reserve
			 component of the Armed Forces by contacting the Secretary of the military
			 department or the Secretary of Homeland Security, as the case may be,
			 having jurisdiction over the Armed Force in which the individual claims to
			 be a member; and
			(4)in subsection (b)(5), by inserting after the second sentence the following: In addition, the Secretary shall not offer any loans offered under this paragraph unless the
			 Secretary has received verification described in subsection
			 (a)(3)(B)(i)(V) (aa)–(cc), as applicable..


115 HR 790 IH: Return to Prudent Banking Act of 2017
U.S. House of Representatives
2017-02-01
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.

I115th CONGRESS1st SessionH. R. 790IN THE HOUSE OF REPRESENTATIVESFebruary 1, 2017Ms. Kaptur (for herself, Mr. Lynch, Mr. Ryan of Ohio, Mr. Pocan, Ms. DeLauro, Ms. Norton, Ms. Schakowsky, Mr. Michael F. Doyle of Pennsylvania, Ms. Slaughter, Mr. Jones, Mr. Welch, Mrs. Watson Coleman, Mr. Serrano, Mr. Lipinski, Mr. Garamendi, Ms. Speier, Mr. Ellison, Mr. Conyers, Ms. Gabbard, Mr. Grijalva, Mr. Tonko, Mr. McGovern, Mr. DeFazio, Ms. Lee, Mr. Capuano, Ms. Pingree, and Ms. Fudge) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo repeal certain provisions of the Gramm-Leach-Bliley Act and revive the separation between
			 commercial banking and the securities business, in the manner provided in
			 the Banking Act of 1933, the so-called Glass-Steagall Act, and for other purposes.

 1.Short titleThis Act may be cited as the Return to Prudent Banking Act of 2017. 2.Glass-Steagall revived (a)Wall between commercial banks and securities activities reestablishedSection 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection:

					(aa)Limitations on security affiliations
						(1)Prohibition on affiliation between insured depository institutions and investment banks or
 securities firmsAn insured depository institution may not be or become an affiliate of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities.
						(2)Prohibition on officers, directors, and employees of securities firms service on boards of
			 depository institutions
 (A)In generalAn individual who is an officer, director, partner, or employee of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities may not serve at the same time as an officer, director, employee, or other institution-affiliated party of any insured depository institution.
 (B)ExceptionSubparagraph (A) shall not apply with respect to service by any individual which is otherwise prohibited under such subparagraph if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such individual as an officer, director, employee, or other institution-affiliated party of any insured depository institution would not unduly influence the investment policies of the depository institution or the advice the institution provides to customers.
 (C)Termination of serviceSubject to a determination under subparagraph (B), any individual described in subparagraph (A) who, as of the date of the enactment of the Return to Prudent Banking Act of 2017, is serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution shall terminate such service as soon as practicable after such date of enactment and no later than the end of the 60-day period beginning on such date.
							(3)Termination of existing affiliation
 (A)Orderly wind-down of existing affiliationAny affiliation of an insured depository institution with any broker or dealer, any investment adviser, any investment company, or any other person, as of the date of the enactment of the Return to Prudent Banking Act of 2017, which is prohibited under paragraph (1) shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment.
 (B)Early terminationThe appropriate Federal banking agency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the agency determines, having due regard for the purposes of this subsection and the Return to Prudent Banking Act of 2017, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest.
 (C)ExtensionSubject to a determination under subparagraph (B), an appropriate Federal banking agency may extend the 2-year period referred to in subparagraph (A) from time to time as to any particular insured depository institution for not more than 6 months at a time, if, in the judgment of the agency, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year.
 (4)DefinitionsFor purposes of this subsection, the terms broker and dealer have the same meanings as in section 3(a) of the Securities Exchange Act of 1934 and the terms investment adviser and investment company have the meaning given such terms under the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively..
 (b)Prohibition on banking activities by securities firms clarifiedSection 21 of the Banking Act of 1933 (12 U.S.C. 378) is amended by adding at the end the following new subsection:

 (c)Business of receiving depositsFor purposes of this section, the term business of receiving deposits includes the establishment and maintenance of any transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act)..
			(c)Continued applicability of ICI v. Camp
 (1)In generalThe Congress ratifies the interpretation of the paragraph designated the Seventh of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24, as amended by section 16 of the Banking Act of 1933 and subsequent amendments) and section 21 of the Banking Act of 1933 (12 U.S.C. 378) by the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) with regard to the permissible activities of banks and securities firms, except to the extent expressly prescribed otherwise by this section.
 (2)Applicability of reasoningThe reasoning of the Supreme Court of the United States in the case referred to in paragraph (1) with respect to sections 20 and 32 of the Banking Act of 1933 (as in effect prior to the date of the enactment of the Gramm-Leach-Bliley Act) shall continue to apply to subsection (aa) of section 18 of the Federal Deposit Insurance Act (as added by subsection (a) of this section) except to the extent the scope and application of such subsection as enacted exceed the scope and application of such sections 20 and 32.
 (3)Limitation on agency interpretation or judicial constructionNo appropriate Federal banking agency, by regulation, order, interpretation, or other action, and no court within the United States may construe the paragraph designated the Seventh of section 5136 of the Revised Statutes of the United States (12 U.S.C. 24, as amended by section 16 of the Banking Act of 1933 and subsequent amendments), section 21 of the Banking Act of 1933, or section 18(aa) of the Federal Deposit Insurance Act more narrowly than the reasoning of the Supreme Court of the United States in the case of Investment Company Institute v. Camp (401 U.S. 617 et seq. (1971)) as to the construction and the purposes of such provisions.
				3.Repeal of Gramm-Leach-Bliley Act provisions
			(a)Financial holding company
 (1)In generalSection 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843) is amended by striking subsections (k), (l), (m), (n), and (o).
				(2)Transition
 (A)Orderly wind-down of existing affiliationIn the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company, any affiliation by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment.
 (B)Early terminationThe Board of Governors of the Federal Reserve System, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Board determines, having due regard to the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices, and is in the public interest.
 (C)ExtensionSubject to a determination under subparagraph (B), the Board of Governors of the Federal Reserve System may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular bank holding company for not more than 6 months at a time, if, in the judgment of the Board, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year.
					(3)Technical and conforming amendments
 (A)Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by striking subsection (p).
 (B)Section 5(c) of the Bank Holding Company Act of 1956 (12 U.S.C. 1844(c)) is amended— (i)by striking paragraphs (3) and (4); and
 (ii)by redesignating paragraph (5) as paragraph (3). (C)Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is amended by striking subsection (g).
 (D)The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by striking section 45. (E)Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 114 (12 U.S.C. 1828a) and section 115 (12 U.S.C. 1820a).
					(b)Financial subsidiaries repealed
 (1)In generalSection 5136A of the Revised Statutes of the United States (12 U.S.C. 24a) is amended to read as follows:

						5136A.[repealed].
				(2)Transition
 (A)Orderly wind-down of existing affiliationIn the case of a national bank which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of the enactment of this Act, such affiliation shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment.
 (B)Early terminationThe Comptroller of the Currency, after opportunity for hearing, may terminate, at any time, the authority conferred by the preceding subparagraph to continue any affiliation subject to such subparagraph until the end of the period referred to in such subparagraph if the Comptroller determines, having due regard for the purposes of this Act, that such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices and is in the public interest.
 (C)ExtensionSubject to a determination under subparagraph (B), the Comptroller of the Currency may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular national bank for not more than 6 months at a time, if, in the judgment of the Comptroller, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year.
					(3)Technical and conforming amendment
 (A)The 20th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. 335) is amended by striking the last sentence.
 (B)The Federal Deposit Insurance Act is amended by striking section 46 (12 U.S.C. 1831w). (4)Clerical amendmentThe table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A.
 (c)Definition of brokerSection 3(a)(4)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(4)(B)) is amended— (1)by striking clauses (i), (iii), (v), (vii), (x), and (xi); and
 (2)by redesignating clauses (ii), (iv), (vi), (viii), and (ix) as clauses (i), (ii), (iii), (iv), and (v), respectively.
 (d)Definition of dealerSection 3(a)(5)(C) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(5)(C)) is amended— (1)by striking clauses (i) and (iii); and
 (2)by redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively. (e)Definition of identified banking productSubsection (a) of section 206 of the Gramm-Leach-Bliley Act (15 U.S.C. 78c note) is amended—
 (1)by inserting and after the semicolon at the end of paragraph (4); (2)in paragraph (5)(B)(ii), by striking ; or and inserting a period; and
 (3)by striking paragraph (6) and all that follows through the end of such subsection. (f)Definition of activities closely related to banking (1)In generalSection 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(8)) is amended by striking the day before the date of the enactment of the Gramm-Leach-Bliley Act and inserting January 1, 1970.
 (2)Provision allowing for exceptions after report to the CongressSubsection (j) of section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(j)) is amended to read as follows:

						(j)Approval for certain post-1970 subsection (c)(8) activities
 (1)In generalNotwithstanding the limitation of the January 1, 1970, approval deadline in subsection (c)(8), the Board may determine an activity to be so closely related to banking as to be a proper incident thereto for purposes of such subsection, subject to the requirements of this subsection and such terms and conditions as the Board may require.
 (2)General standardsIn making any determination under paragraph (1), the Board shall consider whether performance of the activity by a bank holding company or a subsidiary of such company can reasonably be expected to result in a violation of section 18(aa) of the Federal Deposit Insurance Act, section 21 of the Banking Act of 1933, or the spirit of section 2(c) of the Return to Prudent Banking Act of 2017, and other possible adverse effects, such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices.
 (3)Report and waitNo determination of the Board under paragraph (1) may take effect before the end of the 180-day period beginning on the date by which notice of the determination has been submitted to both Houses of the Congress together with a detailed explanation of the activities to which the determination relates and the basis for the determination, unless before the end of such period, such activities have been approved by an Act of Congress..
 (g)Repeal of provision relating to foreign banks filing as financial holding companiesSection 8(c) of the International Banking Act of 1978 (12 U.S.C. 3106(c)) is amended by striking paragraph (3).
			4.Reports to the Congress
 (a)Reports requiredEach time the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate Federal banking agency makes a determination or an extension under subparagraph (B) or (C) of paragraph (2) or (3) of section 18(aa) of the Federal Deposit Insurance Act (as added by section 2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2) of section 3, as the case may be, the Board, Comptroller, or agency shall promptly submit a report of such determination or extension to the Congress.
 (b)ContentsEach report submitted to the Congress under subsection (a) shall contain a detailed description of the basis for the determination or extension.