113 S1380 IS: Preserving Jobs in the Oilfield Act of 2013
U.S. Senate
2013-07-29
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.

		II
		113th CONGRESS
		1st Session
		S. 1380
		IN THE SENATE OF THE UNITED
		  STATES

			July 29, 2013
			Mr. Inhofe introduced
			 the following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To direct the Secretary of Transportation
		  to ensure that on-duty time does not include waiting time at a natural gas or
		  oil well site for certain commercial motor vehicle operators, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Preserving Jobs in the Oilfield Act of
			 2013.
		2.Waiting time exception
			(a)Definition of covered
			 operatorIn this section, the
			 term covered operator means the operator of a commercial motor
			 vehicle transporting supplies, equipment, or materials (including produced
			 fluids, drilling and completion fluids, and any other fluids or materials used
			 in the drilling, completion, and production of an oil or gas well) to or from a
			 natural gas or oil well site.
			(b)ExceptionThe Secretary of Transportation shall
			 ensure that the exception described in section 395.1(d)(2) of title 49, Code of
			 Federal Regulations (relating to on-duty time not including waiting time at a
			 natural gas or oil well site) applies to covered operators regardless of
			 whether the operators have received special training or operate vehicles
			 specially constructed to service wells.


114 S1841 IS: Taxpayer Protection and Responsible Resolution Act
U.S. Senate
2015-07-22
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.

		II
		114th CONGRESS1st Session
		S. 1841
		IN THE SENATE OF THE UNITED STATES

			July 22, 2015
			Mr. Cornyn (for himself and Mr. Toomey) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To amend title 11, United States Code, to provide for the liquidation, reorganization, or
			 recapitalization of a covered financial corporation, and for other
			 purposes.

		1.Short title
 This Act may be cited as the Taxpayer Protection and Responsible Resolution Act.
		2.General provisions relating to covered financial corporations
 (a)DefinitionSection 101 of title 11, United States Code, is amended by inserting the following after paragraph (9):

 (9A)The term covered financial corporation means any corporation incorporated or organized under any Federal or State law, other than a stockbroker, a commodity broker, or an entity of the kind specified in paragraph (2) or (3) of section 109(b), that is—
 (A)a bank holding company, as defined in section 2(a) of the Bank Holding Company Act of 1956 (12 U.S.C. 1841(a)); or
 (B)a corporation that exists for the primary purpose of owning, controlling, and financing subsidiaries that are predominantly engaged in activities that the Board of Governors of the Federal Reserve System has determined are financial in nature or incidental to such financial activity for purposes of section 4(k) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(k))..
 (b)Applicability of chaptersSection 103 of title 11, United States Code, is amended— (1)in subsection (a)—
 (A)by striking section 1161 and inserting sections 1161 and 1401; and (B)by striking or 13 and inserting 13, or 14;
 (2)in subsection (g), by inserting subsection (m) and before section; and (3)by adding at the end the following:

 (l)Chapter 14 of this title applies only in a case under such chapter. (m)Except as otherwise provided in chapter 14 of this title, chapter 11 of this title applies in a case under chapter 14 of this title..
 (c)Who may be a debtorSection 109 of title 11, United States Code, is amended— (1)in subsection (d)—
 (A)by striking and; (B)by striking or a and inserting or; and
 (C)by inserting , or a covered financial corporation after Federal Deposit Insurance Corporation Improvement Act of 1991; and (2)by adding at the end the following:

 (i)Only a covered financial corporation may be a debtor in a case under chapter 14.. (d)Distribution of property of the estateSection 726(a)(1) of title 11, United States Code, is amended by inserting in payment of any unpaid fees, costs, and expenses of a special trustee appointed under section 1406, and then after first,.
 (e)Confirmation of planSection 1129(a) of title 11, United States Code, is amended by adding at the end the following:

 (17)In a case under chapter 14, all payable fees, costs, and expenses of the special trustee have been paid or the plan provides for the payment of all such fees, costs, and expenses, as of the effective date of the plan.
 (18)In a case under chapter 14, confirmation of the plan is not likely to cause serious adverse effects on financial stability in the United States..
 (f)Qualification of trusteeSection 322(b)(2) of title 11, United States Code, is amended by striking The and inserting In cases under chapter 14, the United States trustee shall recommend to the court, and in all other cases, the.
			3.Liquidation, reorganization, or recapitalization of a covered financial corporation
 (a)In generalTitle 11, United States Code, is amended by inserting before chapter 15 the following:  14Liquidation, reorganization, or recapitalization of a covered financial corporationSec.  1401. Inapplicability of other sections. 1402. Definitions for this chapter. 1403. Commencement of a case concerning a covered financial corporation. 1404. Regulators. 1405. Special transfer of property of the estate. 1406. Special trustee. 1407. Automatic stay; assumed debt. 1408. Treatment of qualified financial contracts and affiliate contracts. 1409. Licenses, permits, and registrations.1410. Conversion to chapter 7. 1411. Exemption from securities laws. 1412. Inapplicability of certain avoiding powers. 1413. Consideration of financial stability.  1401.Inapplicability of other sectionsSections 303 and 321(c) do not apply in a case under this chapter.
 1402.Definitions for this chapterIn this chapter, the following definitions shall apply: (1)The term Board means the Board of Governors of the Federal Reserve System.
 (2)The term bridge company means a newly formed corporation to which property of the estate may be transferred under section 1405(a) and the equity securities of which may be transferred to a special trustee under section 1406(a).
 (3)The term capital structure debt means all unsecured debt of the debtor for borrowed money for which the debtor is the primary obligor, other than a qualified financial contract and other than debt secured by a lien on property of the estate that is to be transferred to a bridge company pursuant to an order of the court under section 1405(a).
 (4)The term contractual right means a contractual right of a kind described in section 555, 556, 559, 560, or 561. (5)The term qualified financial contract means any contract of a kind defined in paragraph (25), (38A), (47), or (53B) of section 101, section 741(7), or paragraph (4), (5), (11), or (13) of section 761.
 (6)The term special trustee means a trustee appointed under section 1406(a)(2)(A). (7)The term trustee means a person who is—
 (A)appointed or elected under section 1104; and (B)qualified under section 322 to serve as trustee in the case or, in the absence of such person, the debtor in possession.
								1403.Commencement of a case concerning a covered financial corporation
 (a)In generalA case under this chapter may be commenced by the filing of a petition with the court by an entity that may be a debtor under section 301 if the entity states to the best of its knowledge, under penalty of perjury, in the petition that the entity is a covered financial corporation.
 (b)Order for reliefThe commencement of a case under subsection (a) constitutes an order for relief under this chapter.
 (c)LiabilityThe members of the board of directors (or body performing similar functions) of a covered financial corporation shall not be liable to shareholders, creditors or other parties in interest for—
 (1)a good faith filing of a case under this chapter; or (2)for any reasonable action taken, before or after the date on which a case is commenced under this chapter, in good faith in contemplation of or in connection with such a filing or a transfer under section 1405 or section 1406.
 (d)Notice to courtCounsel to the entity that may be a debtor shall provide, to the greatest extent practicable, sufficient confidential notice to the Director of the Administrative Office of the United States Courts and the chief judge of the court of appeals embracing the district in which the case is pending regarding the potential commencement of a case under this chapter without disclosing the identity of the potential debtor to allow the Director and chief judge to designate and ensure the ready availability of 1 of the bankruptcy judges designated under section 298(b)(1) of title 28 to be available to preside over the case.
 1404.RegulatorsThe Board, the Securities and Exchange Commission, the Comptroller of the Currency, and the Federal Deposit Insurance Corporation may raise and may appear and be heard on any issue in any case or proceeding under this chapter.
						1405.Special transfer of property of the estate
							(a)In general
 (1)TransferOn request of the trustee, and after notice and hearing not less than 24 hours after the order for relief, the court may order a transfer under this section of property of the estate, and the assignment of debt, executory contracts, unexpired leases, qualified financial contracts, and agreements of the debtor, to a bridge company. Except as provided under this section, the provisions of sections 363 and 365 shall apply to a transfer and assignment under this section.
 (2)Property of estateUpon the entry of an order approving a transfer under this section, any property transferred, and any debt, executory contract, unexpired leases, qualified financial contract, or agreement assigned under such order shall no longer be property of the estate.
 (b)NoticeUnless the court orders otherwise, notice of a request for an order under subsection (a) shall consist of electronic or telephonic notice of not less than 24 hours to—
 (1)the holders of the 20 largest secured claims against the debtor; (2)the holders of the 20 largest unsecured claims against the debtor;
 (3)counterparties to any debt, executory contract, unexpired lease, qualified financial contract, or agreement requested to be transferred under this section;
 (4)the Board; (5)the Federal Deposit Insurance Corporation;
 (6)the Secretary of the Treasury; (7)the Comptroller of the Currency;
 (8)the Securities and Exchange Commission; (9)the United States trustee or bankruptcy administrator; and
 (10)each primary financial regulatory agency (as defined in section 2(12) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301(12))) with respect to any affiliate the equity securities of which are proposed to be transferred under this section.
 (c)DeterminationThe court may not order a transfer under this section unless the court determines, based upon a preponderance of the evidence, that—
 (1)the transfer under this section is necessary to prevent serious adverse effects on financial stability in the United States;
 (2)the transfer does not provide for the assumption of any capital structure debt by the bridge company;
 (3)the transfer does not provide for the transfer to the bridge company of any property of the estate that is subject to a lien securing a debt, executory contract, unexpired lease, or agreement of the debtor unless—
 (A)(i)the bridge company assumes such debt, executory contract, unexpired lease, or agreement, including any claims arising in respect thereof that would not be allowed secured claims under section 506(a)(1), and after giving effect to such transfer, such property remains subject to the lien securing such debt, executory contract, unexpired lease, or agreement; and
 (ii)the court has determined that assumption of such debt, executory contract, unexpired lease, or agreement by the bridge company is in the best interest of the estate; or
 (B)such property is being transferred to the bridge company in accordance with the provisions of section 363;
 (4)the transfer does not provide for the assumption by the bridge company of any debt, executory contract, unexpired lease, or agreement of the debtor secured by a lien on property in which the estate has an interest unless the transfer provides for such property to be transferred to the bridge company in accordance with paragraph (3)(A) of this subsection;
 (5)the transfer does not provide for the transfer of the equity of the debtor; (6)the debtor has demonstrated that the bridge company is not likely to fail to meet the obligations of any debt, executory contract, qualified financial contract, unexpired lease, or other agreement assumed and assigned to the bridge company;
 (7)the transfer provides for the transfer to a special trustee all of the equity securities in the bridge company and appointment of a special trustee in accordance with section 1406;
 (8)after giving effect to the transfer, adequate provision has been made for the payment of the fees, costs, and expenses of the estate and special trustee; and
 (9)the bridge company will have governing documents, and initial directors and senior officers, that are in the best interest of creditors and the estate.
 (d)Requirements before transferImmediately before a transfer under this section, the bridge company that is the recipient of the transfer shall—
 (1)not have any property, debts, executory contracts, unexpired leases, qualified financial contracts, or agreements, other than any property acquired or debts, executory contracts, unexpired leases, qualified financial contracts, or agreements assumed when acting as a transferee of a transfer under this section; and
 (2)have equity securities that are property of the estate, which may be sold or distributed in accordance with this title.
								1406.Special trustee
							(a)In general
 (1)Transfer to special trusteeAn order approving a transfer under section 1405 shall require the trustee to transfer to a special trustee all of the equity securities in the bridge company that is the recipient of a transfer under section 1405 to hold in trust for the sole benefit of the estate subject to satisfaction of the special trustee’s fees, costs, and expenses. The trust of which the special trustee is the trustee shall be a newly formed trust governed by a trust agreement approved by the court as in the best interests of the estate, and shall exist for the sole purpose of holding and administering, and shall be permitted to dispose of, the equity securities of the bridge company in accordance with the trust agreement.
								(2)Appointment of special trustee
 (A)In generalA special trustee shall be qualified and independent and shall be appointed by the court. (B)Proposal by trusteeIn connection with the hearing to approve a transfer under section 1405, the trustee may propose to the court a person to serve as special trustee, if the trustee confirms to the court that the Board has been consulted regarding the identity of the proposed special trustee and advises the court of the results of such consultation.
 (b)Trust agreementThe trust agreement governing a trust formed under subsection (a)(1) shall provide— (1)for the payment of the fees, costs, expenses, and indemnities of the special trustee from the assets of the debtor’s estate;
 (2)that the special trustee provide— (A)quarterly reporting to the estate, which shall be filed with the court; and
 (B)information about the bridge company reasonably requested by a party in interest to prepare a disclosure statement for a plan providing for distribution of any securities of the bridge company if such information is necessary to prepare such disclosure statement;
 (3)that for as long as the equity securities of the bridge company are held by the trust, the special trustee shall file a notice with the court in connection with—
 (A)any change in a director or senior officer of the bridge company; (B)any modification to the governing documents of the bridge company; or
 (C)any material corporate action of the bridge company, including— (i)recapitalization;
 (ii)a material borrowing; (iii)termination of an intercompany debt or guarantee;
 (iv)a transfer of a substantial portion of the assets of the bridge company; or (v)the issuance or sale of any securities of the bridge company;
 (4)that any sale of any equity securities of the bridge company shall not be consummated until the special trustee consults with the Federal Deposit Insurance Corporation and the Board regarding such sale and discloses the results of such consultation with the court;
 (5)that, subject to reserves for payments permitted under paragraph (1) provided for in the trust agreement, the proceeds of the sale of any equity securities of the bridge company by the special trustee be held in trust for the benefit of or transferred to the estate;
 (6)the process and guidelines for the replacement of the special trustee; and (7)that the property held in trust by the special trustee is subject to distribution in accordance with subsection (c).
								(c)Distribution of assets held in trust
 (1)In generalThe special trustee shall distribute the assets held in trust— (A)if the court confirms a plan in the case, in accordance with the plan on the effective date of the plan; or
 (B)if the case is converted to a case under chapter 7 under section 1410. (2)TerminationAs soon as practicable after a final distribution under paragraph (1), the office of the special trustee shall terminate, except as may be necessary to wind up and conclude the business and financial affairs of the trust.
 (d)ApplicabilityAfter a transfer to the special trustee under this section, the special trustee shall be subject only to applicable nonbankruptcy law, and the actions and conduct of the special trustee shall no longer be subject to approval by the court in the case under this chapter.
							1407.Automatic stay; assumption
							(a)Automatic stay
 (1)In generalA petition filed under section 1403 operates as a stay, applicable to all entities, of the acceleration, termination, or modification of any debt, contract, lease, or agreement of the kind described in paragraph (2), or of any right or obligation under any such debt, contract, lease, or agreement, solely because of—
 (A)a default by the debtor under any such debt, contract, lease, or agreement; or (B)a provision in such debt, contract, lease, or agreement, or in applicable nonbankruptcy law, that is conditioned on—
 (i)the insolvency or financial condition of the debtor at any time before the closing of the case; (ii)the commencement of a case under this title concerning the debtor;
 (iii)the appointment of or taking possession by a trustee in a case under this title concerning the debtor or by a custodian before the commencement of the case; or
 (iv)a credit rating agency rating, or absence or withdrawal of a credit rating agency rating of— (I)the debtor at any time after the commencement of the case;
 (II)an affiliate during the 48 hours after the commencement of the case; (III)the bridge company while the trustee or the special trustee is a direct or indirect beneficial holder of more than 50 percent of the equity securities of—
 (aa)the bridge company; or (bb)an affiliate, if all of the direct or indirect interests in the affiliate that are property of the estate are transferred under section 1406; or
 (IV)an affiliate while the trustee or the special trustee is a direct or indirect beneficial holder of more than 50 percent of the equity securities of—
 (aa)the bridge company; or (bb)the affiliate, if all of the direct or indirect interests in the affiliate that are property of the estate are transferred under section 1405.
 (2)Debt, contract, lease, or agreementA debt, contract, lease, or agreement described in this paragraph—
 (A)is— (i)any debt, executory contract, or unexpired lease of the debtor;
 (ii)any agreement under which the debtor issued or is obligated for debt; (iii)any debt, executory contract, or unexpired lease of an affiliate; and
 (iv)any agreement under which an affiliate issued or is obligated for debt; and (B)does not include capital structure debt or qualified financial contracts.
 (3)Termination of stayA stay under this subsection terminates— (A)as to the debtor, upon the earliest of—
 (i)48 hours after the commencement of the case; (ii)assumption of the debt, contract, lease, or agreement by the bridge company under an order authorizing a transfer under section 1405;
 (iii)a final order of the court denying the request for a transfer of the debt, contract, lease, or agreement under section 1405; or
 (iv)the time the case is dismissed; and (B)as to an affiliate, upon the earliest of—
 (i)48 hours after the commencement of the case, if the court has not ordered a transfer under section 1405;
 (ii)the entry of an order authorizing a transfer under section 1405 in which the direct or indirect interests in the affiliate that are property of the estate are not transferred under section 1405;
 (iii)a final order of the court denying the request for a transfer under section 1405; or (iv)the time the case is dismissed.
 (4)ApplicabilitySections (d), (e), (f), and (g) of section 362 apply to a stay under this subsection. (b)Assumption by bridge companyA debt, executory contract, unexpired lease of the debtor, or any other agreement described in subsection (a)(2), may be assumed by a bridge company in a transfer under section 1405 notwithstanding any provision in an agreement or in applicable nonbankruptcy law that—
 (1)prohibits, restricts, or conditions the assignment of the debt, contract, lease, or agreement; or (2)accelerates, terminates, or modifies, or permits a party other than the debtor to accelerate, terminate, or modify, the debt, contract, lease, or agreement on account of—
 (A)the assignment of the debt, contract, lease, or agreement; or (B)a change in control of any party to the debt, contract, lease, or agreement.
									(c)No acceleration, termination, or modification of agreements of debtor
 (1)In generalA debt, contract, lease, or agreement of the kind described in subsection (a)(2) may not be accelerated, terminated, or modified, and any right or obligation under such debt, contract, lease, or agreement may not be accelerated, terminated, or modified, as to the bridge company solely because of a provision in the debt, contract, lease, or agreement or in applicable nonbankruptcy law—
 (A)of the kind described in subsection (a)(1)(B) as applied to the debtor; (B)that prohibits, restricts, or conditions the assignment of the debt, contract, lease, or agreement; or
 (C)that accelerates, terminates, or modifies, or permits a party other than the debtor to accelerate, terminate, or modify, the debt, contract, lease or agreement, on account of—
 (i)the assignment of the debt, contract, lease, or agreement; or (ii)a change in control of any party to the debt, contract, lease, or agreement.
 (2)DefaultIf there has been a default by the debtor under a provision other than the kind described in paragraph (1) in a debt, contract, lease, or agreement of the kind described in subsection (a)(2), the bridge company may assume such debt, contract, lease, or agreement only if the bridge company—
 (A)cures, or provides adequate assurance in connection with a transfer under section 1405 that the bridge company will promptly cure, the default;
 (B)compensates, or provides adequate assurance in connection with a transfer under section 1405 that the bridge company will promptly compensate, a party other than the debtor to the debt, contract, lease, or agreement, for any actual pecuniary loss to the party resulting from the default; and
 (C)provides adequate assurance in connection with a transfer under section 1405 of future performance under the debt, contract, lease, or agreement, as determined by the court under section 1405(c)(4).
									1408.Treatment of qualified financial contracts and affiliate contracts
 (a)In generalNotwithstanding sections 362(b)(6), 362(b)(7), 362(b)(17), 362(b)(27), 362(o), 555, 556, 559, 560, and 561, a petition filed under section 1403 operates as a stay, during the period specified in section 1407(a)(3)(A), applicable to all entities, of the exercise of a contractual right—
 (1)to cause the acceleration, termination, modification, or liquidation of a qualified financial contract of the debtor or an affiliate;
 (2)to offset or net out any termination value, payment amount, or other transfer obligation arising under or in connection with a qualified financial contract of the debtor or an affiliate; or
 (3)under any security agreement or arrangement or other credit enhancement forming a part of or related to a qualified financial contract of the debtor or an affiliate.
								(b)Payment and delivery obligations
 (1)In generalDuring the period specified in section 1407(a)(3)(A), the trustee or the affiliate shall perform all payment and delivery obligations under a qualified financial contract of the debtor or the affiliate, as the case may be, that become due after the commencement of the case. The stay provided under subsection (a) terminates as to a qualified financial contract of the debtor or an affiliate immediately upon the failure of the trustee or the affiliate, as the case may be, to perform any such obligation during such period.
 (2)Failure to performAny failure by a counterparty to any qualified financial contract of the debtor or any affiliate to perform any payment or delivery obligation under such qualified financial contract, including during the pendency of the stay provided under subsection (a), shall constitute a breach of such qualified financial contract by the counterparty.
 (c)Assignment or assumptionNotwithstanding any provision of subsection 1407(b) or applicable nonbankruptcy law, subject to the court’s approval, a qualified financial contract between an entity and the debtor may be assigned to or assumed by the bridge company in a transfer under section 1405 only if—
 (1)all qualified financial contracts between the entity and the debtor are assigned to and assumed by the bridge company in the transfer under section 1405;
 (2)all claims of the entity against the debtor under any qualified financial contract between the entity and the debtor (other than any claim that, under the terms of the qualified financial contract, is subordinated to the claims of general unsecured creditors) are assigned to and assumed by the bridge company;
 (3)all claims of the debtor against the entity under any qualified financial contract between the entity and the debtor are assigned to and assumed by the bridge company; and
 (4)all property securing or any other credit enhancement furnished by the debtor for any qualified financial contract described in paragraph (1) or any claim described in paragraph (2) or (3) under any qualified financial contract between the entity and the debtor is assigned to and assumed by the bridge company.
 (d)No acceleration, termination, or modification of qualified financial contractsNotwithstanding any provision of a qualified financial contract or of applicable nonbankruptcy law, a qualified financial contract of the debtor that is assumed by or assigned to the bridge company in a transfer under section 1405 may not be accelerated, terminated, modified, or liquidated after the entry of the order approving a transfer under section 1405, and any right or obligation under the qualified financial contract may not be accelerated, terminated, or modified, after the entry of the order approving a transfer under section 1405 solely because of a provision of the kind described in section 1407(c)(1), other than a provision of the kind described in section 1407(b) that occurs after property of the estate no longer includes a direct beneficial interest or an indirect beneficial interest through the special trustee, in more than 50 percent of the equity securities of the bridge company.
 (e)No acceleration, termination, modification, or liquidation of agreements of affiliatesNotwithstanding any provision in any agreement or in applicable nonbankruptcy law, an agreement (including an executory contract, unexpired lease, qualified financial contract, or an agreement under which the affiliate issued or is obligated for debt) of an affiliate that is assumed by or assigned to the bridge company in a transfer under section 1405, and any right or obligation under such agreement, may not be accelerated, terminated, modified, or liquidated after the entry of the order approving a transfer under section 1405 solely because of a provision of the kind described in section 1407(c)(1), other than a provision of the kind described in section 1407(b) that occurs after the bridge company is no longer a direct or indirect beneficial holder of more than 50 percent of the equity securities of the affiliate at any time after the commencement of the case if—
 (1)all direct or indirect interests in the affiliate that are property of the estate are transferred under section 1405 to the bridge company within the period specified in subsection (a);
 (2)the bridge company assumes— (A)any guarantee or other credit enhancement issued by the debtor relating to the agreement of the affiliate; and
 (B)any right of setoff, netting arrangement, or debt of the debtor that directly arises out of or directly relates to the guarantee or credit enhancement; and
 (3)any property of the estate that directly serves as collateral for the guarantee or credit enhancement is transferred to the bridge company.
								1409.Licenses, permits, and registrations
 (a)In generalNotwithstanding any otherwise applicable nonbankruptcy law, if a request is made under section 1405 for a transfer of property of the estate, any Federal, State, or local license, permit, or registration that the debtor or an affiliate had immediately before the commencement of the case and that is proposed to be transferred under section 1405 may not be accelerated, terminated, or modified at any time after the request solely on account of—
 (1)the insolvency or financial condition of the debtor at any time before the closing of the case; (2)the commencement of a case under this title concerning the debtor;
 (3)the appointment of or taking possession by a trustee in a case under this title concerning the debtor or by a custodian before the commencement of the case; or
 (4)a transfer under section 1405. (b)Validity of certain licenses, permits, and registrationsNotwithstanding any otherwise applicable nonbankruptcy law, any Federal, State, or local license, permit, or registration that the debtor had immediately before the commencement of the case that is included in a transfer under section 1405 shall be valid and all rights and obligations thereunder shall vest in the bridge company.
 1410.Conversion to chapter 7Notwithstanding section 109(b), a court may convert a case under this chapter to a case under chapter 7 if—
 (1)a transfer described in section 1405 has taken place; (2)the court has ordered the appointment of a special trustee under section 1406; and
 (3)the court finds, after providing notice and conducting a hearing, that the conversion of the case is in the best interests of the creditors and the estate.
 1411.Exemption from securities lawsFor purposes of section 1145, a security of the bridge company shall be deemed to be a security of a successor to the debtor under a plan if the court approves the disclosure statement for the plan as providing adequate information (as defined in section 1125(a)) about the bridge company and the security.
 1412.Inapplicability of certain avoiding powersA transfer made or an obligation incurred by the debtor to an affiliate prior to or after the commencement of the case, including any obligation released by the debtor or the estate to or for the benefit of an affiliate, in contemplation of or in connection with a transfer under section 1405, is not avoidable under section 544, 547, 548(a)(1)(B), or 549, or under any similar nonbankruptcy law.
 1413.Consideration of financial stabilityThe court may consider the effect that any decision in connection with this chapter may have on financial stability in the United States..
 (b)Technical and conforming amendmentThe table of chapters for title 11, United States Code, is amended by inserting after the item relating to chapter 13 the following:
				14. Liquidation, reorganization, or recapitalization of a covered financial corporation1401.
			4.Amendments to title 28, United States Code
 (a)Amendment to chapter 13Chapter 13 of title 28, United States Code, is amended by adding at the end the following:  298.Judge for a case under chapter 14 of title 11 (a)Notwithstanding section 295, the Chief Justice of the United States shall designate not fewer than 10 bankruptcy judges to be available to hear a case under chapter 14 of title 11. Bankruptcy judges may request to be considered by the Chief Justice of the United States for such designation.
 (b)(1)Notwithstanding section 155, a case under chapter 14 of title 11 shall be heard under section 157 by a bankruptcy judge designated under subsection (a), who shall be assigned to hear such case by the chief judge of the court of appeals for the circuit embracing the district in which the case is pending.
 (2)If the bankruptcy judge assigned to hear a case under paragraph (1) is not assigned to the district in which the case is pending, the bankruptcy judge shall be temporarily assigned to the district. To the greatest extent practicable, the approvals required under section 155(a) shall be obtained.
 (c)A case under chapter 14 of title 11, and all proceedings in the case, shall take place in the district in which the case is pending.
						.
 (b)Amendment to section 1334Section 1334 of title 28, United States Code, is amended by adding at the end the following:  (f)This section does not grant jurisdiction to the district court after a transfer pursuant to an order under section 1405 of title 11 of any proceeding related to a special trustee appointed, or to a bridge company formed to accomplish a transfer, under section 1405 of title 11..
 (c)Technical and conforming amendmentThe table of sections for chapter 13 of title 28, United States Code, is amended by adding at the end the following:
				298. Judge for a case under chapter 14 of title 11..
 5.Limitation on use of Federal fundsNotwithstanding any other provision of law, no funds appropriated to the Federal Government may be paid to a covered financial corporation (as defined in section 101(9A) of title 11, United States Code, as amended by section 2(a) of this Act), or to a creditor of any covered financial corporation, to satisfy a claim in a case under chapter 14 of title 11, United States Code.


I
108th CONGRESS
2d Session
H. R. 4088
IN THE HOUSE OF REPRESENTATIVES

March 31, 2004
Mr. Baker introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To suspend temporarily the duty on 4,11-Triphenodioxazinedisulfonic acid,6, 13-dichloro-3, 10-bis[[2-[[-[[4-fluoro-6-[(2-sulfophenyl) amino} - 1,3,5-trizin-2-yl] amino] propyl] amino]- lithium sodium salt.

1.Suspension of duty on 4,11-Triphenodioxazinedisulfonic acid,6, 13-dichloro-3, 10-bis[[2-[[-[[4-fluoro-6-[(2-sulfophenyl) amino} - 1,3,5-trizin-2-yl] amino] propyl] amino]- lithium sodium salt
(a)In generalSubchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by striking heading 9902.32.88 and inserting the following:

9902.32.88 4,11-Triphenodioxazinedisulfonic acid,6, 13-dichloro-3, 10-bis[[2-[[-[[4-fluoro-6-[(2-sulfophenyl) amino} - 1,3,5-trizin-2-yl] amino] propyl] amino]- lithium sodium salt (CAS No. 163062-28-0) (provided for in subheading 3204.16.30)FreeNo changeNo changeOn or before 12/31/2007 .
(b)Effective dateThe amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.


116 HR 3525 : U.S. Border Patrol Medical Screening Standards 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.

		IIB
		116th CONGRESS1st Session
		H. R. 3525
		IN THE SENATE OF THE UNITED STATES
		October 15, 2019Received; read twice and referred to the Committee on the JudiciaryAN ACT
		To amend the Homeland Security Act of 2002 to direct the Commissioner of U.S. Customs and Border
			 Protection to establish uniform processes for medical screening of
			 individuals interdicted between ports of entry, and for other purposes.

 1.Short titleThis Act may be cited as the U.S. Border Patrol Medical Screening Standards Act . 2.Research regarding provision of medical screening of individuals interdicted by U.S. Customs and Border Protection between ports of entry (a)In generalNot later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, in coordination with the Commissioner of U.S. Customs and Border Protection and the Chief Medical Officer of the Department, shall research innovative approaches to address capability gaps regarding the provision of comprehensive medical screening of individuals, particularly children, pregnant women, the elderly, and other vulnerable populations, interdicted by U.S. Customs and Border Protection between ports of entry and issue to the Secretary recommendations for any necessary corrective actions.
 (b)ConsultationIn carrying out the research required under subsection (a), the Under Secretary for Science and Technology of the Department of Homeland Security shall consult with appropriate national professional associations with expertise and non-governmental experts in emergency, nursing, and other medical care, including pediatric care.
 (c)ReportThe Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing the recommendations referred to in subsection (a), together with information relating to what actions, if any, the Secretary plans to take in response to such recommendations.
			3.Electronic health records implementation
 (a)In generalNot later than 90 days after the date of the enactment of this Act, the Chief Information Officer of the Department of Homeland Security, in coordination with the Chief Medical Officer of the Department, shall establish within the Department an electronic health record system that can be accessed by all departmental components operating along the borders of the United States for individuals in the custody of such components.
 (b)AssessmentNot later than 120 days after the implementation of the electronic health records system, the Chief Information Officer, in coordination with the Chief Medical Officer, shall conduct an assessment of such system to determine system capacity for improvement and interoperability.

	Passed the House of Representatives September 26, 2019.Cheryl L. Johnson,Clerk


115 HR 6037 IH: Nonprofits Support Act
U.S. House of Representatives
2018-06-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6037IN THE HOUSE OF REPRESENTATIVESJune 7, 2018Mr. Conaway introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to repeal certain rules related to the determination of
			 unrelated business taxable income.

 1.Short titleThis Act may be cited as the Nonprofits Support Act. 2.Repeal of requirement that unrelated business taxable income be computed separately for each trade or business activity (a)In generalSection 512(a) of the Internal Revenue Code of 1986 is amended by striking paragraph (6).
 (b)Effective dateThe amendment made by this section shall take effect as if included in section 13702 of Public Law 115–97.
			3.Repeal of increase of unrelated business taxable income by certain disallowed fringe benefits
 (a)In generalSection 512(a) of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (b)Effective dateThe amendment made by this section shall take effect as if included in section 13703 of Public Law 115–97.


		III
		112th CONGRESS
		1st Session
		S. RES. 68
		IN THE SENATE OF THE UNITED STATES

			February 17, 2011
			Mr. Akaka, from the
			 Committee on Indian
			 Affairs, reported the following original resolution; which was
			 referred to the Committee on Rules and
			 Administration

		RESOLUTION
		Authorizing expenditures by the Senate Committee on
		  Indian Affairs.

		That, in carrying out its powers, duties,
			 and functions imposed by section 105 of S. Res. 4, agreed to February 4, 1977
			 (95th Congress), and in exercising the authority conferred on it by that
			 section, the Committee on Indian
			 Affairs is authorized from March 1, 2011, through September
			 30, 2011; October 1, 2011, through September 30, 2012; and October 1, 2012,
			 through February 28, 2013, in its discretion (1) to make expenditures from the
			 contingent fund of the Senate, (2) to employ personnel, and (3) with the prior
			 consent of the Government department or agency concerned and the
			 Committee on Rules and
			 Administration, to use on a reimbursable, or non-reimbursable,
			 basis the services of personnel of any such department or agency.
		2.(a)The expenses of the committee for the
			 period March 1, 2011, through September 30, 2011, under this resolution shall
			 not exceed $1,482,609, of which amount (1) not to exceed $20,000 may be
			 expended for the procurement of the services of individual consultants, or
			 organizations thereof (as authorized by section 202(i) of the Legislative
			 Reorganization Act of 1946, as amended), and (2) not to exceed $20,000 may be
			 expended for the training of professional staff of such committee (under
			 procedures specified by section 202(j) of the Legislative Reorganization Act of
			 1946).
			(b)For the period
			 October 1, 2011, through September 30, 2012, expenses of the committee under
			 this resolution shall not exceed $2,541,614, of which amount (1) not to exceed
			 $20,000 may be expended for the procurement of the services of individual
			 consultants, or organizations thereof (as authorized by section 202(i) of the
			 Legislative Reorganization Act of 1946, as amended), and (2) not to exceed
			 $20,000 may be expended for the training of professional staff of such
			 committee (under procedures specified by section 202(j) of the Legislative
			 Reorganization Act of 1946).
			(c)For the period
			 October 1, 2012, through February 28, 2013, expenses of the committee under
			 this resolution shall not exceed $1,059,007, of which amount (1) not to exceed
			 $20,000 may be expended for the procurement of the services of individual
			 consultants, or organizations thereof (as authorized by section 202(i) of the
			 Legislative Reorganization Act of 1946, as amended), and (2) not to exceed
			 $20,000 may be expended for the training of professional staff of such
			 committee (under procedures specified by section 202(j) of the Legislative
			 Reorganization Act of 1946).
			3.The committee shall report its findings,
			 together with such recommendations for legislation as it deems advisable, to
			 the Senate at the earliest practicable date, but not later than February 28,
			 2013.
		4.Expenses of the committee under this
			 resolution shall be paid from the contingent fund of the Senate upon vouchers
			 approved by the chairman of the committee, except that vouchers shall not be
			 required (1) for the disbursement of the salaries of employees paid at an
			 annual rate, or (2) for the payment of telecommunications provided by the
			 Office of the Sergeant at Arms and Doorkeeper, United States Senate, or (3) for
			 the payment of stationery supplies purchased through the Keeper of the
			 Stationery, United States Senate, or (4) for payments to the Postmaster, United
			 States Senate, or (5) for the payment of metered charges on copying equipment
			 provided by the Office of the Sergeant at Arms and Doorkeeper, United States
			 Senate, or (6) for the payment of Senate Recording and Photographic Services,
			 or (7) for payment of franked and mass mail costs by the Sergeant at Arms and
			 Doorkeeper, United States Senate.
		5.There are authorized such sums as may be
			 necessary for agency contributions related to the compensation of employees of
			 the committee from March 1, 2011, through September 30, 2011; October 1, 2011,
			 through September 30, 2012; and October 1, 2012, through February 28, 2013, to
			 be paid from the Appropriations account for Expenses of Inquiries and
			 Investigations.


116 S3849 IS: Emergency Limitation Periods Extensions for Workers Act
U.S. Senate
2020-06-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3849IN THE SENATE OF THE UNITED STATESJune 1, 2020Ms. Warren (for herself, Mrs. Murray, Ms. Smith, Ms. Baldwin, Mr. Blumenthal, Mr. Brown, Mr. Cardin, Ms. Harris, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo extend limitation periods for labor and employment laws, and for other purposes.1.Short titleThis Act may be cited as the Emergency Limitation Periods Extensions for Workers Act.2.Extending limitation periods for labor and employment laws(a)DefinitionsIn this section:(1)COVID–19 public health emergency periodThe term COVID–19 public health emergency period means the period—(A)beginning on the first date of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19; and (B)ending on the date on which the declaration (including any renewal) terminates. (2)Labor or employment lawThe term labor or employment law means—(A)the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.);(B)subchapter IV of chapter 31 of title 40, United States Code (commonly known as the Davis-Bacon Act);(C)the Portal-to-Portal Act of 1974 (29 U.S.C. 251 et seq.), for violations of the Fair Labor Standards Act of 1938 or subchapter IV of chapter 31 of title 40, United States Code;(D)the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.);(E)the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.);(F)the National Labor Relations Act (29 U.S.C. 151 et seq.);(G)chapter 67 of title 41, United States Code (commonly known as the Service Contract Act of 1965);(H)section 2415 of title 28, United States Code, for violations of chapter 67 of title 41, United States Code; (I)title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.);(J)the Age Discrimination in Employment Act of 1967 (29 U.S.C. 621 et seq.);(K)title I and section 503, for violations with respect to that title, of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq., 12203);(L)title V of the Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.), for violations with respect to sections 501 and 503 of that title (29 U.S.C. 791, 793);(M)title II of the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.); (N)sections 1977 and 1979 of the Revised Statutes (42 U.S.C. 1981, 1983);(O)chapter 43 of title 38, United States Code, for violations with respect to sections 4311, 4312, 4313, 4316, 4317, and 4318 of that title;(P)title I of the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) and the Emergency Family and Medical Leave Expansion Act (29 U.S.C. 2612, 2620 note);(Q)title 5, United States Code, for violations with respect to subchapter V of chapter 63 of that title; (R)the Emergency Paid Sick Leave Act (29 U.S.C. 2601 note);(S)the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16a et seq.);(T)the Congressional Accountability Act of 1995 (2 U.S.C. 1301 et seq.), for violations described in sections 201, 202, 203, 206, 208, 215, and 220, and the Genetic Information Nondiscrimination Act of 2008; and (U)chapter 5 of title 3, United States Code, for violations described in sections 411, 412, 413, 416, 417, 425, and 431 and the Genetic Information Nondiscrimination Act of 2008.(b)In general(1)Overlap intervalIn this subsection, the term overlap interval means the interval of an overlap between—(A)any limitations period for filing a claim, charge, filing, or other request for a Federal agency proceeding or complaint for a civil action under a labor or employment law; and (B)a COVID–19 public health emergency period.(2)Extensions of limitations periodNotwithstanding any provision of an Act or title described in subsection (a)(2), or any other provision of law, if there is an overlap described in paragraph (1)(A) involving a limitations period described in that paragraph, the limitations period shall be—(A)extended to run through the 90th day after the last day of the COVID–19 public health emergency period; and(B)extended again by the length of the overlap interval.


113 S346 IS: To amend title 10, United States Code, to permit veterans who have a service-connected, permanent disability rated as total to travel on military aircraft in the same manner and to the same extent as retired members of the Armed Forces entitled to such travel.
U.S. Senate
2013-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 346
		IN THE SENATE OF THE UNITED STATES

			February 14, 2013
			Mr. Tester (for himself,
			 Mr. Heller, and Mr. Baucus) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Armed Services

		A BILL
		To amend title 10, United States Code, to permit veterans
		  who have a service-connected, permanent disability rated as total to travel on
		  military aircraft in the same manner and to the same extent as retired members
		  of the Armed Forces entitled to such travel.

		1.Transportation on military
			 aircraft on a space-available basis for disabled veterans with a
			 service-connected, permanent disability rated as total
			(a)Availability of
			 transportationSection 2641b
			 of title 10, United States Code, as amended by section 622 of National Defense
			 Authorization Act for Fiscal Year 2013, is further amended—
				(1)by redesignating
			 subsection (f) as subsection (g); and
				(2)by inserting after
			 subsection (e) the following new subsection (f):

						(f)Special priority
				for certain disabled veterans(1)The Secretary of Defense shall provide
				transportation on scheduled and unscheduled military flights within the
				continental United States and on scheduled overseas flights operated by the Air
				Mobility Command on a space-available basis for any veteran with a
				service-connected, permanent disability rated as total.
							(2)Notwithstanding subsection (d)(1), in
				establishing space-available transportation priorities under the travel
				program, the Secretary shall provide transportation under paragraph (1) on the
				same basis as such transportation is provided to members of the armed forces
				entitled to retired or retainer pay.
							(3)The requirement to provide transportation
				on Department of Defense aircraft on a space-available basis on the priority
				basis described in paragraph (2) to veterans covered by this subsection applies
				whether or not the travel program is established under this section.
							(4)In this subsection, the terms
				veteran and service-connected have the meanings given
				those terms in section 101 of title
				38.
							.
				(b)Effective
			 dateSubsection (f) of section 2641b of title 10, United States
			 Code, as added by subsection (a), shall take effect at the end of the 90-day
			 period beginning on the date of the enactment of this Act.


113 S1193 IS: Data Security and Breach Notification Act of 2013
U.S. Senate
2013-06-20
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.

		II
		113th CONGRESS
		1st Session
		S. 1193
		IN THE SENATE OF THE UNITED STATES

			June 20, 2013
			Mr. Toomey (for himself,
			 Mr. King, Mr.
			 Thune, Mr. Heller,
			 Mr. Blunt, Mr.
			 Rubio, Mr. Coats, and
			 Mr. Roberts) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To require certain entities that collect and maintain
		  personal information of individuals to secure such information and to provide
		  notice to such individuals in the case of a breach of security involving such
		  information, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Data Security and Breach
			 Notification Act of 2013.
		2.Requirements for
			 information securityEach
			 covered entity shall take reasonable measures to protect and secure data in
			 electronic form containing personal information.
		3.Notification of
			 information security breach
			(a)Notification
				(1)In
			 generalA covered entity that owns or licenses data in electronic
			 form containing personal information shall give notice of any breach of
			 security following discovery by the covered entity of the breach of security to
			 each individual who is a citizen or resident of the United States whose
			 personal information was or that the covered entity reasonably believes to have
			 been accessed and acquired by an unauthorized person and that the covered
			 entity reasonably believes has caused or will cause identity theft or other
			 actual financial harm.
				(2)Law
			 enforcementA covered entity shall notify the Secret Service or
			 the Federal Bureau of Investigation of the fact that a breach of security has
			 occurred if the number of individuals whose personal information the covered
			 entity reasonably believes to have been accessed and acquired by an
			 unauthorized person exceeds 10,000.
				(b)Special
			 notification requirements
				(1)Third-party
			 agents
					(A)In
			 generalIn the event of a breach of security of a system
			 maintained by a third-party entity that has been contracted to maintain, store,
			 or process data in electronic form containing personal information on behalf of
			 a covered entity who owns or possesses such data, such third-party entity shall
			 notify such covered entity of the breach of security.
					(B)Covered
			 entities who receive notice from third partiesUpon receiving
			 notification from a third party under subparagraph (A), a covered entity shall
			 provide notification as required under subsection (a).
					(C)Exception for
			 service providersA service provider shall not be considered a
			 third-party agent for purposes of this paragraph.
					(2)Service
			 providers
					(A)In
			 generalIf a service provider becomes aware of a breach of
			 security involving data in electronic form containing personal information that
			 is owned or possessed by a covered entity that connects to or uses a system or
			 network provided by the service provider for the purpose of transmitting,
			 routing, or providing intermediate or transient storage of such data, such
			 service provider shall notify the covered entity who initiated such connection,
			 transmission, routing, or storage if such covered entity can be reasonably
			 identified.
					(B)Covered
			 entities who receive notice from service providersUpon receiving
			 notification from a service provider under subparagraph (A), a covered entity
			 shall provide notification as required under subsection (a).
					(c)Timeliness of
			 notification
				(1)In
			 generalUnless subject to a delay authorized under paragraph (3),
			 a notification required under subsection (a) with respect to a breach of
			 security shall be made as expeditiously as practicable and without unreasonable
			 delay.
				(2)Reasonable
			 delayFor purposes of paragraph (1), a delay for the purpose of
			 allowing the covered entity time to determine the scope of the breach of
			 security, to identify individuals affected by the breach of security, and to
			 restore the reasonable integrity of the data system that was breached, shall be
			 considered reasonable.
				(3)Delay of
			 notification authorized for law enforcement or national security
			 purposes
					(A)Law
			 enforcementIf a Federal law enforcement agency determines that
			 the notification required under subsection (a) would interfere with a civil or
			 criminal investigation, such notification shall be delayed upon the written
			 request of the law enforcement agency for any period which the law enforcement
			 agency determines is reasonably necessary. A law enforcement agency may, by a
			 subsequent written request, revoke such delay or extend the period set forth in
			 the original request made under this subparagraph by a subsequent request if
			 further delay is necessary.
					(B)National
			 securityIf a Federal national security agency or homeland
			 security agency determines that the notification required under this section
			 would threaten national or homeland security, such notification may be delayed
			 upon the written request of the national security agency or homeland security
			 agency for any period which the national security agency or homeland security
			 agency determines is reasonably necessary. A Federal national security agency
			 or homeland security agency may revoke such delay or extend the period set
			 forth in the original request made under this subparagraph by a subsequent
			 written request if further delay is necessary.
					(d)Method and
			 content of notification
				(1)Direct
			 notification
					(A)Method of
			 notificationA covered entity required to provide notification to
			 an individual under subsection (a) shall be in compliance with such requirement
			 if the covered entity provides such notice by one of the following
			 methods:
						(i)Written
			 notification, sent to the postal address of the individual in the records of
			 the covered entity.
						(ii)Telephone.
						(iii)Email or other
			 electronic means.
						(B)Content of
			 notificationRegardless of the method by which notification is
			 provided to an individual under subparagraph (A) with respect to a breach of
			 security, such notification, to the extent practicable, shall include—
						(i)the
			 date, estimated date, or estimated date range of the breach of security;
						(ii)a
			 description of the personal information that was accessed and acquired, or
			 reasonably believed to have been accessed and acquired, by an unauthorized
			 person as a part of the breach of security; and
						(iii)information
			 that the individual can use to contact the covered entity to inquire
			 about—
							(I)the breach of
			 security; or
							(II)the personal
			 information the covered entity maintained about that individual.
							(2)Substitute
			 notification
					(A)Circumstances
			 giving rise to substitute notificationA covered entity required
			 to provide notification to an individual under subsection (a) may provide
			 substitute notification in lieu of the direct notification required by
			 paragraph (1) if such direct notification is not feasible due to—
						(i)excessive cost to
			 the covered entity required to provide such notification relative to the
			 resources of such covered entity; or
						(ii)lack of
			 sufficient contact information for the individual required to be
			 notified.
						(B)Form of
			 substitute notificationSuch substitute notification shall
			 include at least one of the following:
						(i)A
			 conspicuous notice on the Internet website of the covered entity (if such
			 covered entity maintains such a website).
						(ii)Notification in
			 print and to broadcast media, including major media in metropolitan and rural
			 areas where the individuals whose personal information was acquired
			 reside.
						(e)Treatment of
			 persons governed by other Federal lawExcept as provided in
			 section 4(b), a covered entity who is in compliance with any other Federal law
			 that requires such covered entity to provide notification to individuals
			 following a breach of security shall be deemed to be in compliance with this
			 section.
			4.Application and
			 enforcement
			(a)General
			 applicationThe requirements of sections 2 and 3 apply to—
				(1)those persons,
			 partnerships, or corporations over which the Commission has authority pursuant
			 to section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2));
			 and
				(2)notwithstanding
			 section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)),
			 common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et
			 seq.).
				(b)Application to
			 cable operators, satellite operators, and telecommunications
			 carriersSections 222, 338, and 631 of the Communications Act of
			 1934 (47 U.S.C. 222, 338, and 551), and any regulations promulgated thereunder,
			 shall not apply with respect to the information security practices, including
			 practices relating to the notification of unauthorized access to data in
			 electronic form, of any covered entity otherwise subject to those
			 sections.
			(c)Enforcement by
			 Federal Trade Commission
				(1)Unfair or
			 deceptive acts or practicesA violation of section 2 or 3 shall
			 be treated as an unfair or deceptive act or practice in violation of a
			 regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15
			 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
				(2)Powers of
			 commission
					(A)In
			 generalExcept as provided in subsection (a), the Commission
			 shall enforce this Act in the same manner, by the same means, and with the same
			 jurisdiction, powers, and duties as though all applicable terms and provisions
			 of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
			 into and made a part of this Act.
					(B)Privileges and
			 immunitiesAny person who violates section 2 or 3 shall be
			 subject to the penalties and entitled to the privileges and immunities provided
			 in such Act.
					(3)Maximum total
			 liabilityNotwithstanding the number of actions which may be
			 brought against a covered entity under this subsection, the maximum civil
			 penalty for which any covered entity may be liable under this subsection for
			 all actions shall not exceed—
					(A)$500,000 for all
			 violations of section 2 resulting from the same related act or omission;
			 and
					(B)$500,000 for all
			 violations of section 3 resulting from a single breach of security.
					(d)No private
			 cause of actionNothing in this Act shall be construed to
			 establish a private cause of action against a person for a violation of this
			 Act.
			5.DefinitionsIn this Act:
			(1)Breach of
			 securityThe term breach of security means
			 unauthorized access and acquisition of data in electronic form containing
			 personal information.
			(2)CommissionThe
			 term Commission means the Federal Trade Commission.
			(3)Covered
			 entity
				(A)In
			 generalThe term covered entity means a sole
			 proprietorship, partnership, corporation, trust, estate, cooperative,
			 association, or other commercial entity that acquires, maintains, stores, or
			 utilizes personal information.
				(B)ExemptionsThe
			 term covered entity does not include the following:
					(i)Financial
			 institutions subject to title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801
			 et seq.).
					(ii)An
			 entity covered by the regulations issued under section 264(c) of the Health
			 Insurance Portability and Accountability Act of 1996 (Public Law 104–191) to
			 the extent that such entity is subject to the requirements of such regulations
			 with respect to protected health information.
					(4)Data in
			 electronic formThe term data in electronic form
			 means any data stored electronically or digitally on any computer system or
			 other database and includes recordable tapes and other mass storage
			 devices.
			(5)Personal
			 information
				(A)In
			 generalThe term personal information means an
			 individual's first name or first initial and last name in combination with any
			 1 or more of the following data elements for that individual:
					(i)Social Security
			 number.
					(ii)Driver’s license
			 number, passport number, military identification number, or other similar
			 number issued on a government document used to verify identity.
					(iii)Financial
			 account number or credit or debit card number, in combination with any required
			 security code, access code, or password that is necessary to permit access to
			 an individual’s financial account.
					(B)Exclusions
					(i)public record
			 informationPersonal information does not include information
			 obtained about an individual which has been lawfully made publicly available by
			 a Federal, State, or local government entity or widely distributed by
			 media.
					(ii)Encrypted,
			 redacted, or secured dataPersonal information does not include
			 information that is encrypted, redacted, or secured by any other method or
			 technology that removes elements that personally identify an individual or that
			 otherwise renders the information unusable.
					(6)Service
			 providerThe term service provider means an entity
			 that provides electronic data transmission, routing, intermediate, and
			 transient storage, or connections to its system or network, where such entity
			 providing such services does not select or modify the content of the electronic
			 data, is not the sender or the intended recipient of the data, and does not
			 differentiate personal information from other information that such entity
			 transmits, routes, stores, or for which such entity provides connections. Any
			 such entity shall be treated as a service provider under this Act only to the
			 extent that it is engaged in the provision of such transmission, routing,
			 intermediate and transient storage, or connections.
			6.Effect on other
			 lawsThis Act preempts any
			 law, rule, regulation, requirement, standard, or other provision having the
			 force and effect of law of any State, or political subdivision of a State,
			 relating to the protection or security of data in electronic form containing
			 personal information or the notification of a breach of security.
		7.Effective
			 dateThis Act shall take
			 effect on the date that is 1 year after the date of enactment of this
			 Act.


IV
110th CONGRESS
2d Session
S. CON. RES. 77
IN THE HOUSE OF REPRESENTATIVES

April 24, 2008
Referred to the Committee on the Judiciary

CONCURRENT RESOLUTION
Supporting the goals and ideals of National Sexual Assault Awareness and Prevention Month 2008.

Whereas on average, a person is sexually assaulted in the United States every 21/2 minutes;
Whereas the Department of Justice reports that 191,670 people in the United States were sexually assaulted in 2005;
Whereas 1 in 6 women and 1 in 33 men have been victims of rape or attempted rape;
Whereas the Department of Defense received 2,688 reports of sexual assault involving members of the Armed Forces in fiscal year 2007;
Whereas children and young adults are most at risk of sexual assault, as 44 percent of sexual assault victims are under the age of 18, and 80 percent are under the age of 30;
Whereas sexual assault affects women, men, and children of all racial, social, religious, age, ethnic, and economic groups in the United States;
Whereas only 41 percent of sexual assault victims pursue prosecution by reporting their attacks to law enforcement agencies;
Whereas 2/3 of sexual crimes are committed by persons who are not strangers to the victims;
Whereas sexual assault survivors suffer emotional scars long after the physical scars have healed;
Whereas prevention education programs carried out by rape crisis and women’s health centers have the potential to reduce the prevalence of sexual assault in their communities;
Whereas because of recent advances in DNA technology, law enforcement agencies now have the potential to identify the rapists in tens of thousands of unsolved rape cases;
Whereas aggressive prosecution can incarcerate rapists and therefore prevent them from committing further crimes;
Whereas free, confidential help is available to all survivors of sexual assault through the National Sexual Assault Hotline, more than 1,000 rape crisis centers across the United States, and other organizations that provide services to assist survivors of sexual assault; and
Whereas April is recognized as National Sexual Assault Awareness and Prevention Month: Now, therefore, be it

That—
(1)it is the sense of Congress that—
(A)National Sexual Assault Awareness and Prevention Month provides a special opportunity to educate the people of the United States about sexual violence and to encourage the prevention of sexual assault, the improved treatment of its survivors, and the prosecution of its perpetrators;
(B)it is appropriate to properly acknowledge the more than 20,000,000 men and women who have survived sexual assault in the United States and salute the efforts of survivors, volunteers, and professionals who combat sexual assault;
(C)national and community organizations and private sector supporters should be recognized and applauded for their work in promoting awareness about sexual assault, providing information and treatment to its survivors, and increasing the number of successful prosecutions of its perpetrators; and
(D)public safety, law enforcement, and health professionals should be recognized and applauded for their hard work and innovative strategies to increase the percentage of sexual assault cases that result in the prosecution and incarceration of the offenders;
(2)Congress strongly recommends that national and community organizations, businesses in the private sector, colleges and universities, and the media promote, through National Sexual Assault Awareness and Prevention Month, awareness of sexual violence and strategies to decrease the incidence of sexual assault; and
(3)Congress supports the goals and ideals of National Sexual Assault Awareness and Prevention Month 2008.

  Passed the Senate April 23, 2008. Nancy Erickson, Secretary


114 HR 4634 IH: To direct the United States Postal Service to designate a single, unique ZIP Code for Eastvale, California.
U.S. House of Representatives
2016-02-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4634
		IN THE HOUSE OF REPRESENTATIVES

			February 26, 2016
			Mr. Calvert introduced the following bill; which was referred to the Committee on Oversight and Government Reform

		A BILL
		To direct the United States Postal Service to designate a single, unique ZIP Code for Eastvale,
			 California.

 1.Single, unique ZIP Code for Eastvale, CaliforniaNot later than 180 days after the date of the enactment of this section, the United States Postal Service shall designate a single, unique ZIP Code applicable to the area encompassing only Eastvale, California.


116 HRES 178 IH: Directing the Fine Arts Board to accept the gift of a portrait of Alice Paul for placement in the House of Representatives wing of the United States Capitol or an office building of the House, and directing the Architect of the Capitol to place the portrait in a suitable permanent location.
U.S. House of Representatives
2019-03-05
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.

IV116th CONGRESS1st SessionH. RES. 178IN THE HOUSE OF REPRESENTATIVESMarch 5, 2019Mr. Norcross submitted the following resolution; which was referred to the Committee on House AdministrationRESOLUTIONDirecting the Fine Arts Board to accept the gift of a portrait of Alice Paul for placement in the
			 House of Representatives wing of the United States Capitol or an office
			 building of the House, and directing the Architect of the Capitol to place
			 the portrait in a suitable permanent location.

 Whereas Alice Paul was a leader in the women’s suffrage movement in the United States, worked for two years with the National American Woman Suffrage Association, cofounded the Congressional Union seeking a Federal constitutional amendment for women’s suffrage, and in 1916, formed the National Woman’s Party;
 Whereas, in 1920, Alice Paul was instrumental in the passage and ratification of the 19th Amendment, which prohibited denying any citizen the right to vote on the basis of sex;
 Whereas, in 1923, Alice Paul penned the Equal Rights Amendment, which was introduced in every congressional term between 1923 and 1972;
 Whereas Alice Paul continued to advocate on behalf of women until her death on July 9, 1977; and Whereas Alice Paul was a driving force behind the attainment of women’s suffrage and the national movement toward equality for women: Now, therefore, be it

 That the House of Representatives— (1)directs the Fine Arts Board to accept the gift of a portrait of Alice Paul for placement in the House of Representatives wing of the United States Capitol or an office building of the House; and
 (2)directs the Architect of the Capitol to place the portrait in a suitable permanent location.


		I
		112th CONGRESS
		2d Session
		H. R. 6401
		IN THE HOUSE OF REPRESENTATIVES

			September 13, 2012
			Mr. Meehan (for
			 himself, Mr. Loebsack,
			 Mr. Bucshon, and
			 Mr. Bilirakis) introduced the
			 following bill; which was referred to the Committee on Veterans’
			 Affairs

		A BILL
		To require the Secretary of Labor to carry out a pilot
		  program on providing veterans with access at One-Stop Centers to Internet
		  websites to facilitate online job searches, and for other
		  purposes.

		1.Pilot program on providing
			 veterans with access at One-Stop Centers to Internet websites to facilitate
			 online job searches
			(a)In
			 generalNot later than 90 days after the date of the enactment of
			 this Act, the Secretary of Labor shall commence a pilot program to assess the
			 feasibility and advisability of providing veterans seeking employment with
			 access to computing facilities to facilitate the access of such veterans to
			 Internet websites that—
				(1)match such
			 veterans with available jobs based on the skills the veterans acquired as
			 members of the Armed Forces; and
				(2)allow employers to
			 post information about available jobs.
				(b)DurationThe
			 pilot program required by subsection (a) shall be carried out during the
			 one-year period beginning on the date on which the Secretary commences the
			 pilot program.
			(c)LocationsThe
			 pilot program shall be carried out at such one-stop centers and such other
			 locations as the Secretary of Labor considers appropriate for purposes of the
			 pilot program.
			(d)Assistance with
			 use of Internet websites
				(1)In
			 generalUnder the pilot program, the Secretary of Labor shall
			 provide each veteran using computing facilities made available under the pilot
			 program with assistance in using such facilities to find employment via
			 Internet websites described in subsection (a).
				(2)Disabled
			 veterans' outreach program specialists and local veterans' employment
			 representativesEach State that employs a disabled veterans'
			 outreach program specialist under section 4103A of title 38, United States
			 Code, or a local veterans' employment representative under section 4104 of such
			 title shall make such employees available to the Secretary of Labor for
			 purposes of providing assistance under paragraph (1).
				(e)ReportNot
			 later than 455 days after the date of the enactment of this Act, the Secretary
			 of Labor shall submit to the Committee on Veterans’ Affairs and the Committee
			 on Health, Education, Labor, and Pensions of the Senate and the Committee on
			 Veterans’ Affairs and the Committee on Education and the Workforce of the House
			 of Representatives a report on the pilot program that includes the findings of
			 the Secretary with respect to the feasibility and advisability of providing
			 computing facilities as described in subsection (a) with assistance as
			 described in subsection (d) at all one-stop centers.
			(f)FundingAmounts
			 made available to the Secretary of Labor to make grants or contracts under
			 section 4102A(b)(5) of title 38, United States Code, shall be available to the
			 Secretary to carry out the pilot program required by subsection (a).
			(g)One-Stop center
			 definedIn this section, the term one-stop center
			 means a center described in section 134(c) of the Workforce Investment Act of
			 1998 (29 U.S.C. 2864(c)).
			2.Repeal of
			 requirement for annual report by Secretary of Veterans Affairs on use of
			 authorities to enhance retention of experienced nurses
			(a)In
			 generalSection 7324 of title 38, United States Code, is hereby
			 repealed.
			(b)Clerical
			 amendmentThe table of sections at the beginning of chapter 73 of
			 such title is amended by striking the item relating to section 7324.


117 S2636 IS: AuGmenting Research and Educational Sites to Ensure Agriculture Remains Cutting-edge and Helpful Act
U.S. Senate
2021-08-05
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.

II117th CONGRESS1st SessionS. 2636IN THE SENATE OF THE UNITED STATESAugust 5, 2021Ms. Hirono (for herself, Ms. Klobuchar, Mr. King, Ms. Smith, Mr. Merkley, and Mr. Van Hollen) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo amend the Research Facilities Act and the Agricultural Research, Extension, and Education Reform Act of 1998 to address deferred maintenance at agricultural research facilities, and for other purposes.1.Short titleThis Act may be cited as the AuGmenting Research and Educational Sites to Ensure Agriculture Remains Cutting-edge and Helpful Act or the AG RESEARCH Act.2.Agricultural research facilities(a)FindingsCongress finds that—(1)in 2019, agriculture and related industries—(A)contributed $1,109,000,000,000 to the gross domestic product of the United States (5.2 percent of the total gross domestic product of the United States); and(B)provided 22,200,000 jobs domestically (10.9 percent of total employment in the United States);(2)the Department of Agriculture funds more than $1,600,000,000 in research funding each year to schools of agriculture;(3)a study published in 2015 found that deferred maintenance needs at 91 schools of agriculture across the United States totaled $8,400,000,000, with a total replacement cost of $29,000,000,000; (4)a study published in 2021 found that deferred maintenance needs at schools of agriculture across the United States had increased to $11,500,000,000, with a total replacement cost of $38,100,000,000; and(5)infrastructure investments must be made at schools of agriculture to ensure that United States agricultural research remains globally competitive.(b)Evaluation of proposalsSection 3(d) of the Research Facilities Act (7 U.S.C. 390a(d)) is amended—(1)by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and(2)by inserting before paragraph (2) (as so redesignated) the following:(1)review the proposal in consultation with representatives of National Institute of Food and Agriculture peer review panels;.(c)Grants for agricultural research facilitiesSection 4 of the Research Facilities Act (7 U.S.C. 390b) is amended to read as follows:4.Grants for agricultural research facilities(a)PurposeThe purpose of this section is to assist agricultural research facilities in efforts to alter or repair those facilities or equipment of the facilities necessary for conducting agricultural research.(b)Grant program(1)In generalThe Secretary shall establish in the National Institute of Food and Agriculture a competitive grant program to provide to agricultural research facilities the Federal share of the cost of the construction, alteration, acquisition, modernization, renovation, or remodeling of—(A)the agricultural research facilities; or(B)equipment of the agricultural research facilities necessary for conducting agricultural research.(2)Secretarial waiverNotwithstanding section 3(c)(2)(A), the Secretary may provide that the Federal share described in paragraph (1) is up to 100 percent of the costs described in that paragraph on a case-by-case basis, as the Secretary determines to be appropriate.(c)Requirements(1)Amount; terms and conditionsGrants awarded under this section shall be in such amounts and under such terms and conditions as the Secretary determines are necessary to carry out the purpose of this section.(2)Equitable distributionTo the maximum extent practicable, grants shall be awarded under this section to ensure—(A)an equitable geographic distribution of funds;(B)an equitable distribution of funds to diverse institutions; and(C)an equitable distribution of funds to agricultural research facilities of various sizes.(3)LimitationNot greater than 20 percent of amounts made available to carry out this section shall be awarded to projects in any 1 State.(4)AdministrationIn carrying out this section, the Secretary shall establish procedures for—(A)the submission of proposals for competitive grants; and(B)in consultation with representatives of National Institute of Food and Agriculture peer review panels, the review and selection of proposals submitted under subparagraph (A)..(d)Authorization of appropriationsSection 6 of the Research Facilities Act (7 U.S.C. 390d) is amended—(1)in subsection (a), in the first sentence, by striking 2023 and inserting 2026; and(2)in subsection (b), by inserting Federal before administration.3.Agricultural research centers(a)FindingCongress finds that the Agricultural Research Service Capital Investment Strategy dated April 2012 indicates that research facilities of the Agricultural Research Services have more than $1,000,000,000 in deferred maintenance.(b)Direct funding for deferred maintenance at ARS research facilitiesTitle IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 (7 U.S.C. 7624) the following:401.Direct funding for deferred maintenance at ARS research facilities(a)In generalUsing amounts made available under subsection (c), the Secretary shall provide direct payments to research facilities of the Agricultural Research Service for the purpose of addressing deferred maintenance.(b)PriorityIn providing direct payments under subsection (a), the Secretary shall give priority to the most critical structures in accordance with the Agricultural Research Service Capital Investment Strategy dated April 2012.(c)FundingOf the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $200,000,000 for each of fiscal years 2022 through 2026..


114 HR 2449 IH: Every Child Deserves a Family Act
U.S. House of Representatives
2015-05-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 2449
		IN THE HOUSE OF REPRESENTATIVES

			May 19, 2015
			Mr. Lewis (for himself, Ms. Ros-Lehtinen, Mr. Becerra, Mr. Blumenauer, Mrs. Capps, Mr. Cárdenas, Mr. Cicilline, Ms. Clark of Massachusetts, Mr. Conyers, Mr. Crowley, Mrs. Davis of California, Ms. DeGette, Mr. Delaney, Ms. DelBene, Mr. Deutch, Mr. Doggett, Mr. Michael F. Doyle of Pennsylvania, Ms. Duckworth, Ms. Edwards, Ms. Kuster, Mr. Levin, Mr. Ted Lieu of California, Mr. Sean Patrick Maloney of New York, Ms. McCollum, Mr. McDermott, Mr. Meeks, Mr. Murphy of Florida, Mr. Nadler, Ms. Norton, Mr. Pascrell, Mr. Peters, Ms. Pingree, Mr. Polis, Mr. Rangel, Ms. Schakowsky, Mr. Schiff, Mr. Swalwell of California, Mr. Thompson of California, Ms. Titus, Ms. Tsongas, Mr. Van Hollen, Mr. Vargas, Mrs. Watson Coleman, Mr. Yarmuth, Ms. Bass, Ms. Jackson Lee, Mr. Cartwright, and Mr. Lowenthal) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To prohibit discrimination in adoption or foster care placements based on the sexual orientation,
			 gender identity, or marital status of any prospective adoptive or foster
			 parent, or the sexual orientation or gender identity of the child
			 involved.

 1.Short titleThis Act may be cited as the Every Child Deserves a Family Act. 2.Congressional findings and purposes (a)FindingsCongress finds the following:
 (1)There is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system. As a result, thousands of foster children lack a permanent and safe home.
 (2)In order to open more homes to foster children, child welfare agencies should work to eliminate sexual orientation, gender identity, and marital status discrimination and bias in adoption and foster care recruitment, selection, and placement procedures.
 (3)Of the estimated 400,000 children in the United States foster care system, more than 101,000 cannot return to their original families and are legally free for adoption.
 (A)50,608 children were adopted in 2013, while 23,090 youth aged out of the foster care system. (B)Research shows that youth who age out of the foster care system are at a high risk for poverty, homelessness, incarceration, and early parenthood.
 (C)Increasing adoption rates, in addition to establishing permanency and decreasing risk factors for foster youth, can yield annual national cost savings between $3,300,000,000 and $6,300,000,000.
 (4)Experts agree that in many States, lesbian, gay, bisexual, and transgender youth experience discrimination, harassment, and violence in the foster care system because of their sexual orientation or gender identity.
 (5)Approximately 60 percent of homeless lesbian, gay, bisexual, and transgender youth were previously in foster care. According to the Urban Justice Center, many of these young people reported that living on the streets felt safer than living in their group or foster home.
 (6)According to the Williams Institute, an estimated 19 percent of same-sex couple households include children under 18 years of age.
 (7)The Williams Institute estimates that 3,000,000 lesbian, gay, bisexual, and transgender people have had a child and as many as 6,000,000 American adults and children have a lesbian, gay, bisexual, or transgender parent. Among adults under 50 years of age living alone or with a spouse or partner, 48 percent of lesbian, bisexual, or transgender women are raising a child under 18 years of age, and 20 percent of gay, bisexual, or transgender men are doing so.
 (8)As of 2013, same-sex couples are raising 1.4 percent of adopted children with 2 parents and are fostering 1.7 percent of foster children living with 2 parents. A 2007 report from the Williams Institute found that an additional 2,000,000 gay, lesbian, and bisexual individuals are interested in adoption.
 (9)According to the Williams Institute/Urban Institute, same-sex couples raising adopted children tend to be older than, just as educated as, and have access to the same economic resources as other adoptive parents. Studies confirm that children with same-sex parents have the same advantages and same expectations for health, social, and psychological adjustment, and development as children whose parents are heterosexual.
 (10)An Evan B. Donaldson Adoption Institute study found that 1/3 of child welfare agencies in the United States reject gay, lesbian, and bisexual applicants. (A)The practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay, lesbian, bisexual, and unmarried relatives the opportunity to become foster parents for their own kin, including grandchildren, or to adopt their own kin, including grandchildren, from foster care.
 (B)According to the Williams Institute, more than 3,400 children are currently in foster placements with same-sex couples. Another 22,000 children are being raised by same-sex adoptive couples. If other States followed the minority of States and discriminated against qualified individuals because of their sexual orientation or marital status, foster care expenditures would increase between $87,000,000 and $130,000,000 per year in order to pay for additional institutional and group care, as well as to recruit and train new foster and adoptive parents.
 (11)Some States allow 1 member of a same-sex couple to adopt, but do not recognize both members of the couple as the child’s legal parents. Recognition of joint adoption provides children with the same rights and security that children of heterosexual parents enjoy. These protections include access to both parents’ health benefits, survivor’s, Social Security, and child support entitlements, legal grounds for either parent to provide consent for medical care, education, and other important decisions, as well as the establishment of permanency for parents and child.
 (12)Professional organizations in the fields of medicine, psychology, law, and child welfare have taken official positions in support of the ability of qualified gay, lesbian, bisexual, and unmarried couples to foster and adopt a child, as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success.
 (13)Discrimination against potential foster or adoptive parents based on sexual orientation, gender identity, or marital status is not in the best interests of children in the foster care system.
 (b)PurposesThe purposes of this Act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation, gender identity, or marital status.
			3.Every child deserves a family
			(a)Activities
 (1)ProhibitionAn entity that receives Federal assistance or contracts with an entity that receives Federal assistance, and is involved in adoption or foster care placements may not—
 (A)deny to any person the opportunity to become an adoptive or a foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved;
 (B)delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; or
 (C)require different or additional screenings, processes, or procedures for adoptive or foster placement decisions on the basis of the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved.
 (2)Definition of placement decisionIn this section, the term placement decision means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement.
 (b)Equitable reliefAny individual who is aggrieved by an action in violation of subsection (a) may bring an action seeking relief in a United States district court of appropriate jurisdiction.
 (c)Federal guidanceNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned entities with respect to compliance with this section.
 (d)Technical assistanceIn order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by, this Act in making foster care and adoption placement decisions, the Secretary shall provide technical assistance to all entities covered by this Act, including—
 (1)identifying laws and regulations inconsistent with this Act and providing guidance and training to ensure the laws and regulations are brought into compliance within the prescribed period of time;
 (2)identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance within the prescribed period of time;
 (3)providing guidance in expansion of recruitment efforts to ensure consideration of all interested and qualified prospective adoptive and foster parents regardless of the sexual orientation, gender identity, or marital status of the prospective parent;
 (4)comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and
 (5)training judges and attorneys involved in foster care and adoption cases on the findings and purposes of this Act.
				(e)Deadline for compliance
 (1)In generalExcept as provided in paragraph (2), an entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of enactment of this Act, whichever occurs first.
 (2)Authority to extend deadlineIf a State demonstrates to the satisfaction of the Secretary of Health and Human Services that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this section, the Secretary may extend the compliance date for the State and any entities in the State that are involved with adoption or foster care placements a reasonable number of days after the close of the 1st State legislative session beginning after the date the guidance referred to in subsection (c) is published.
 (3)Authority to withhold fundsIf a State fails to comply with this section, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), to the extent the Secretary deems the withholding necessary to induce the State into compliance with this section.
				(f)GAO study
 (1)In generalNot later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have—
 (A)eliminated policies, practices, or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved;
 (B)removed all program, policy, or statutory barriers that delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any qualified, prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; and
 (C)eliminated all different or additional screenings, processes, or procedures for adoptive or foster placement decisions based on the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved.
 (2)Report to the congressNot later than 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to Congress a written report that contains the results of the study.