		II
		112th CONGRESS
		1st Session
		S. 142
		IN THE SENATE OF THE UNITED STATES

			January 25
			 (legislative day, January 5), 2011
			Mr. Grassley (for
			 himself and Mr. Harkin) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To direct the Secretary of Agriculture to convey certain
		  federally owned land located in Story County, Iowa.

		1.Purposes and
			 definitions
			(a)PurposesThe purposes of this Act are—
				(1)to direct the
			 conveyance of approximately 44 acres, more or less, of federally owned land
			 administered by the Agricultural Research Service to the City of Ames, Iowa;
			 and
				(2)to authorize the
			 use of the funds derived from the conveyance to purchase replacement land and
			 for other purposes relating to the National Animal Disease Center.
				(b)DefinitionsIn this Act:
				(1)CityThe
			 term City means the City of Ames, Iowa, and its assigns.
				(2)PropertyThe
			 term Property means approximately 44 acres, more or less, of the
			 federally owned land comprising part of the National Animal Disease Center,
			 which—
					(A)was acquired by
			 the United States in 1951 within sec. 1, T. 83 N., R. 24 W., Fifth Principal
			 Meridian; and
					(B)is generally
			 located on 13th Street in the City.
					(3)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
				2.Property
			 conveyance
			(a)In
			 generalOn receipt of the consideration and cost reimbursement
			 provided in this Act, the Secretary shall convey and quitclaim to the City, all
			 rights, title, and interests of the United States in the Property subject to
			 easements and rights of record and such other reservations, terms, and
			 conditions as the Secretary may prescribe.
			(b)Consideration
				(1)In
			 generalAs consideration for the conveyance authorized by this
			 Act, the City shall pay to the Secretary an amount in cash equal to the market
			 value of the Property.
				(2)Appraisal
					(A)In
			 generalTo determine the market value of the Property, the
			 Secretary shall have the Property appraised for the highest and best use of the
			 Property in conformity with the Uniform Appraisal Standards for Federal Land
			 Acquisitions developed by the Interagency Land Acquisition Conference.
					(B)RequirementsThe
			 appraisal shall be subject to review and approval by the Secretary, and the
			 approved appraisal shall at all times be the Property of the United
			 States.
					(c)CorrectionsWith
			 the agreement of the City, the Secretary may make minor corrections or
			 modifications to the legal description of the Property or configure the
			 Property to facilitate conveyance.
			(d)Costs
				(1)In
			 generalExcept as provided in paragraph (2), the City shall at
			 closing pay or reimburse the Secretary, as appropriate, for the reasonable
			 transaction and administrative costs incurred by the Secretary associated with
			 the conveyance authorized by this Act, including personnel costs directly
			 attributable to the transaction, and the transactional costs of appraisal,
			 survey, title review, hazardous substances examination, and closing
			 costs.
				(2)Attorneys’
			 feesThe City and the Secretary shall each bear their own
			 attorneys’ fees.
				(e)Hazardous
			 materials
				(1)In
			 generalFor the conveyance authorized by this Act, the Secretary
			 shall meet disclosure requirements for hazardous substances, but shall
			 otherwise not be required to remediate or abate those substances or any other
			 hazardous pollutants, contaminants, or waste that might be present on the
			 Property at the time of closing.
				(2)Lead-based
			 paint or asbestos-containing building materials
					(A)In
			 generalNotwithstanding any provision of law relating to the
			 mitigation or abatement of lead-based paint or asbestos-containing building
			 materials and except as provided in subparagraph (B), the Secretary shall not
			 be required to mitigate or abate any lead-based paint or asbestos-containing
			 building materials present on the Property at the time of closing.
					(B)RequirementsIf
			 the Property has lead-based paint or asbestos-containing building materials,
			 the Secretary shall—
						(i)provide notice to
			 the City of the presence of the lead-based paint or asbestos-containing
			 building materials; and
						(ii)obtain written
			 assurance from the City that the City will comply with applicable Federal,
			 State, and local laws relating to the management of the lead-based paint and
			 asbestos-containing building materials.
						(f)Other
			 termsThe Secretary and the City may agree on such additional
			 terms as may be mutually acceptable and that are not inconsistent with the
			 provisions of this Act.
			3.Receipts
			(a)In
			 generalThe Secretary shall deposit all funds received from the
			 conveyance authorized under this Act, including the market value consideration
			 and the reimbursement for costs, into the Treasury of the United States to be
			 credited to the appropriation for the Agricultural Research Service.
			(b)Use of
			 fundsNotwithstanding any limitation in applicable appropriation
			 Acts for the Department of Agriculture or the Agricultural Research Service,
			 all funds deposited into the Treasury pursuant to subsection (a) shall—
				(1)be available to
			 the Secretary until expended, without further appropriation, for the
			 acquisition of land and interests in land and other related purposes of the
			 National Animal Disease Center; and
				(2)be considered to
			 authorize the acquisition of land for the purposes of section 11 of the Act of
			 August 3, 1956 (7 U.S.C. 428a).


115 S785 RS: Alaska Native Veterans Land Allotment Equity Act
U.S. Senate
2017-03-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 710115th CONGRESS2d SessionS. 785IN THE SENATE OF THE UNITED STATESMarch 30, 2017Mr. Sullivan (for himself and Ms. Murkowski) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesDecember 4, 2018Reported by Ms. Murkowski, with an amendment and an amendment to the titleStrike out all after the enacting clause and insert the part printed in italicA BILLTo amend the Alaska Native Claims Settlement Act to provide for equitable allotment of land to
			 Alaska Native veterans.

 1.Short titleThis Act may be cited as the Alaska Native Veterans Land Allotment Equity Act. 2.Open season for certain Alaska native veterans for allotmentsSection 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g) is amended—
 (1)in subsection (a)— (A)in the subsection heading, by striking In general and inserting Alaska Native veteran allotments;
 (B)by striking paragraphs (1) through (4) and inserting the following:  (1)Allotments (A)Eligible recipientsAny person described in paragraph (1) or (2) of subsection (b) shall be eligible to receive an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect before December 18, 1971), of not more than 2 parcels of Federal land, the total area of which shall not exceed 160 acres. Any person described in paragraphs (1) and (2) of subsection (b) who, prior to the date on which the Secretary promulgates regulations pursuant to section 3 of the Alaska Native Veterans Land Allotment Equity Act, received an allotment that has a total area of less than 160 acres shall be eligible to receive an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect before December 18, 1971), of not more than 1 parcel of Federal land, the total area of which shall not exceed the difference in acres between 160 acres and the total area of the allotment that the person previously received under the Act.
 (B)Rule of constructionThe civil action styled Shields v. United States (698 F.2d 987 (9th Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall not be construed to diminish or modify the eligibility of any person described in paragraph (1) or (2) of subsection (b).
 (C)Filing deadlineAn allotment shall be filed for an eligible recipient not later than 3 years after the date on which the Secretary promulgates regulations pursuant to section 3 of the Alaska Native Veterans Land Allotment Equity Act.
							(2)Land available for allotments
 (A)In generalSubject to subparagraph (C), an allotment under this section shall be selected from land that is— (i)(I)vacant; and
 (II)owned by the United States; (ii)selected by, or conveyed to, the State of Alaska, if the State voluntarily relinquishes or conveys to the United States the land for the allotment; or
 (iii)selected by, or conveyed to, a Native Corporation, if the Native Corporation voluntarily relinquishes or conveys to the United States the land for the allotment.
 (B)Relinquishment by Native CorporationIf a Native Corporation relinquishes land under subparagraph (A)(iii), the Native Corporation may select appropriate Federal land, as determined by the Secretary, the area of which is equal to the area of the land relinquished by the Native Corporation, to replace the relinquished land.
 (C)ExclusionsAn allotment under this section shall not be selected from land that is located within— (i)a right-of-way of the TransAlaska Pipeline;
 (ii)an inner or outer corridor of such a right-of-way; or (iii)a unit of the National Park System, a National Preserve, or a National Monument.
 (D)Rule of constructionThe civil action styled Shields v. United States (698 F.2d 987 (9th Cir. 1983), cert. denied (104 S. Ct. 73 (1983))) shall not be construed to limit the land that is eligible for allotment under this paragraph.
 (3)Alternative allotmentsA person described in paragraph (1) or (2) of subsection (b) who qualifies for an allotment under this section on land described in paragraph (2)(C) may select an alternative allotment from land that is—
 (A)located within the boundaries of land described in paragraph (2)(C); (B)(i)(I)withdrawn under section 11(a)(1)(C); and
 (II)not selected, or relinquished after selection, under section 11(a)(3); (ii)contiguous to an outer boundary of land withdrawn under section 11(a)(1)(C); or
 (iii)vacant, unappropriated, and unreserved; and (C)not a unit of the National Park System, a National Preserve, or a National Monument.; and
 (C)by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively; (2)in subsection (b)—
 (A)in paragraph (1), by striking subparagraph (B) and inserting the following:  (B)is a veteran who served during the period beginning on August 5, 1964, and ending on May 7, 1975.;
 (B)by striking paragraph (2) and inserting the following:  (2)Deceased personsIf an individual who would otherwise have been eligible for an allotment under this section dies before applying for an allotment, an heir of the person may apply for, and receive, an allotment under this section, on behalf of the estate of the person.; and
 (C)by striking paragraph (3) and inserting the following:  (3)LimitationsNo person who received an allotment or has a pending allotment under the Act of May 17, 1906, may receive an allotment under this section, other than—
 (A)an heir who applies for, and receives, an allotment on behalf of the estate of a deceased person under paragraph (2); and
 (B)a person who, prior to the date on which the Secretary promulgates regulations pursuant to section 3 of the Alaska Native Veterans Land Allotment Equity Act, received an allotment under the Act of May 17, 1906 (34 Stat. 197, chapter 2469), that has a total area of less than 160 acres.;
 (3)by redesignating subsections (d) and (e) as subsections (f) and (g), respectively; (4)by inserting after subsection (c) the following:

					(d)Approval of allotments
 (1)In generalSubject to any valid right in existence on the date of enactment of the Alaska Native Veterans Land Allotment Equity Act, and except as provided in paragraph (3), not later than 5 years after the date of the enactment of the Alaska Native Veterans Land Allotment Equity Act, the Secretary shall—
 (A)approve any application for an allotment filed in accordance with subsection (a); and (B)issue a certificate of allotment under such terms, conditions, and restrictions as the Secretary determines to be appropriate.
 (2)NotificationNot later than 2 years after the date of the enactment of the Alaska Native Veterans Land Allotment Equity Act, on receipt of an application for an allotment under this section, the Secretary shall provide to any person or entity that has an interest in land described in subsection (a)(2) that is potentially adverse to the interest of the applicant a notice of the right of the person or entity, by not later than 90 days after the date of receipt of the notice—
 (A)to initiate a private contest of the allotment; or (B)to file a protest against the allotment in accordance with procedures established by the Secretary.
 (3)Action by SecretaryIf a private contest or protest relating to an application for an allotment is initiated or filed under paragraph (2), the Secretary shall not issue a certificate for the allotment under paragraph (1)(B) until a final determination has been made with respect to the private contest or protest.
 (e)ReselectionA person that selected an allotment under this section may withdraw that selection and reselect land in accordance with this section after the date of enactment of the Alaska Native Veterans Land Allotment Equity Act, if the land originally selected—
 (1)was selected before the date of enactment of the Alaska Native Veterans Land Allotment Equity Act; and
 (2)as of the date of enactment of that Act, was not conveyed to the person.; and (5)by striking subsection (f), as designated by paragraph (3) and inserting:

 (f)DefinitionsFor the purposes of this section: (1)The term veteran means a person who served in the active military, naval, or air service, and who was discharged or released therefrom.
 (2)The term Vietnam era has the meaning given the term by paragraph (29) of section 101 of title 38.. 3.RegulationsNot later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall promulgate, after consultation with Alaska Native organizations, final regulations to carry out the amendments made by section 2. During the consultation process, the Secretary shall, in coordination with Alaska Native organizations and to the greatest extent possible, identify persons who are eligible to receive an allotment under the amendments made by section 2. Upon promulgation of the final regulations, the Secretary shall contact each of these persons directly to provide an explanation of the process by which the person may apply for an allotment under the amendments made by section 2.

 1.Short titleThis Act may be cited as the Alaska Native Vietnam Era Veterans Land Allotment Act. 2.PurposeThe purpose of this Act is to provide an opportunity for certain Alaska Native Vietnam era veterans to select and receive an allotment of Federal land in the State of Alaska.
 3.DefinitionsIn this Act: (1)Available federal land (A)In generalThe term available Federal land means Federal land in the State that—
 (i)is vacant, unappropriated, and unreserved; (ii)has been selected by, but not yet conveyed to—
 (I)the State, if the State agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual; or
 (II)a Regional Corporation or a Village Corporation, if the Regional Corporation or Village Corporation agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual; or
 (iii)is identified as available for selection under section 4(d)(1). (B)ExclusionsThe term available Federal land does not include any Federal land in the State that is—
 (i)(I)a right-of-way of the TransAlaska Pipeline; or (II)an inner or outer corridor of such a right-of-way;
 (ii)withdrawn or acquired for purposes of the Armed Forces; (iii)under review for a pending right-of-way for a natural gas corridor;
 (iv)within the Arctic National Wildlife Refuge; (v)within a unit of the National Forest System; or
 (vi)within a unit of the National Park System, a National Preserve, or a National Monument. (2)Eligible individualThe term eligible individual means an individual who, as determined by the Secretary in accordance with section 4(a)—
 (A)is— (i)a Native veteran who served during the period between August 5, 1964, and December 31, 1971; or
 (ii)a personal representative, acting for the benefit of the heirs, of the estate of a deceased Native veteran who served during the period between August 5, 1964, and December 31, 1971; and
 (B)has received fewer than 157.5 acres pursuant to— (i)the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect on December 17, 1971); and
 (ii)section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g). (3)Native; regional corporation; village corporationThe terms Native, Regional Corporation, and Village Corporation have the meanings given those terms in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
 (4)SecretaryThe term Secretary means the Secretary of the Interior. (5)StateThe term State means the State of Alaska.
 (6)VeteranThe term veteran has the meaning given the term in section 101 of title 38, United States Code. 4.Allotments for certain native veterans (a)Information to determine eligibility (1)In generalNot later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall provide to the Secretary a list of all members of the Armed Forces who served during the period between August 5, 1964, and December 31, 1971.
 (2)UseThe Secretary shall use the information provided under paragraph (1) to determine whether an individual meets the military service requirements under section 3(2)(A).
 (3)Outreach and assistanceThe Secretary, in coordination with the Secretary of Veterans Affairs, shall conduct outreach, and provide assistance in applying for allotments, to eligible individuals.
				(b)Selection by eligible individuals
 (1)In generalAn eligible individual— (A)subject to paragraphs (2) and (3), may select not more than 2 parcels of available Federal land totaling not more than 160 acres; and
 (B)on making a selection pursuant to subparagraph (A), shall submit to the Secretary an allotment selection application for the applicable parcels of available Federal land.
 (2)Minimum acreageA parcel of available Federal land selected pursuant to paragraph (1)(A) shall be not less than 2.5 acres.
 (3)Treatment of certain acresThe following acres held by an eligible individual shall be counted toward the 160-acre limitation under paragraph (1)(A):
 (A)Any acres received pursuant to the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect on December 17, 1971).
 (B)Any acres received pursuant to section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g).
 (c)Conflicting selectionsIf 2 or more eligible individuals submit to the Secretary an allotment selection application under subsection (b)(1)(B) for the same parcel of available Federal land, the Secretary shall—
 (1)give preference to the selection application received on the earliest date; and (2)provide to each eligible individual the selection application of whom is rejected under paragraph (1) an opportunity to select a substitute parcel of available Federal land.
				(d)Identification of available federal land for allotment selection
 (1)In generalNot later than 2 years after the date of enactment of this Act, subject to paragraphs (2) and (3), the Secretary, in consultation with the State, Regional Corporations, and Village Corporations, shall identify not more than 500,000 acres of Federal land as available Federal land for allotment selection to meet the purpose of this Act.
				(2)Limitation on wildlife refuge acreage
 (A)Yukon delta national wildlife refuge acreageOf the available Federal land identified under paragraph (1), not more than 42,000 acres shall be located in the Yukon Delta National Wildlife Refuge.
 (B)Togiak national wildlife refuge acreageOf the available Federal land identified under paragraph (1), not more than 10,000 acres shall be located in the Togiak National Wildlife Refuge.
 (3)Certification; surveyThe Secretary shall— (A)certify that the available Federal land identified under paragraph (1) is free of known contamination; and
 (B)survey the available Federal land under paragraph (1) into aliquot parts and lots, segregating all navigable and meanderable waters and land not available for allotment selection.
 (4)MapsAs soon as practicable after the date on which available Federal land is identified under paragraph (1), the Secretary shall submit to Congress, and publish in the Federal Register, 1 or more maps depicting the identified available Federal land.
 (e)ConveyancesAny available Federal land conveyed to an eligible individual under this section shall be subject to—
 (1)valid existing rights; (2)the reservation of minerals to the United States; and
 (3)if the available Federal land conveyed is within the boundaries of a unit of the National Wildlife Refuge System, the laws (including regulations) applicable to the use and development of the unit of the National Wildlife Refuge System.
 (f)Intent of congressIt is the intent of Congress that not later than 2 years after the date on which an eligible individual submits an allotment selection application under subsection (b)(1)(B) that meets the requirements of this Act, as determined by the Secretary, the Secretary shall issue to the eligible individual a certificate of allotment with respect to the available Federal land covered by the allotment selection application, subject to the requirements of subsection (e).Amend the title so as to read: A bill to provide an opportunity for certain Alaska Native Vietnam era veterans to select and
			 receive an allotment of Federal land in the State of Alaska..December 4, 2018Reported with an amendment and an amendment to the title


		II
		111th CONGRESS
		1st Session
		S. 2020
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mr. Menendez introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary duty suspension on certain capers
		  in immediate containers each holding more than 3.4 kilograms.

		1.Certain capers in immediate
			 containers each holding more than 3.4 kilograms
			(a)In
			 generalHeading 9902.10.28 of the Harmonized Tariff Schedule of
			 the United States (relating to capers prepared or preserved by vinegar in
			 immediate containers each holding more than 3.4 kilograms) is amended by
			 striking the date in the effective period column and inserting
			 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


116 HR 8613 IH: Carbon Cost Act of 2020
U.S. House of Representatives
2020-10-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8613IN THE HOUSE OF REPRESENTATIVESOctober 16, 2020Mr. Neguse (for himself, Mr. Huffman, Ms. Castor of Florida, Mr. Perlmutter, Mr. Levin of California, Mr. Crow, and Ms. DeGette) introduced the following bill; which was referred to the Committee on House AdministrationA BILLTo direct the Comptroller General of the United States, in coordination with the National Academy of Sciences, to study alternatives for a nonpartisan congressional office or agency to project the net greenhouse gas emissions likely to be caused by Federal legislation, and for other purposes.1.Short titleThis Act may be cited as the Carbon Cost Act of 2020.2.Study of alternatives for a congressional office to project the net greenhouse gas emissions likely to be caused by Federal legislation(a)In generalNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States, in coordination with the National Academy of Sciences, shall—(1)study alternatives for a nonpartisan congressional office or agency—(A)to make thorough, science-based projections on whether the enactment, full funding, and implementation of particular Federal legislation are likely to cause a net increase or decrease in global greenhouse gas emissions over a specified period; and(B)to quantify any such projected increase or decrease; and(2)submit a report to the Congress containing the results of such study, including recommendations.(b)ConsiderationsThe study under subsection (a) shall address each of the following:(1)Whether a new office or agency should be established for purposes of carrying out the functions described in subsection (a)(1), or whether such functions should be vested in one or more existing offices or agencies.(2)How to ensure the office or agency remains nonpartisan and science-focused.(3)How to involve governmental and private experts, including—(A)whether Federal officers and employees should be detailed to the office or agency carrying out the functions described in subsection (a)(1); and(B)how to involve appropriate experts in the analysis of projected greenhouse gas emissions from each of the following: electric power generation; transportation; residential, commercial, and industrial fuel use; natural gas and oil systems; coal mining and abandoned mines; agriculture; industrial processes; land use, land use change, and forestry; and waste management.(4)Lessons that can be learned from State legislatures that have successfully implemented carbon scoring for legislative proposals.


115 S3233 RS: Nicaragua Human Rights and Anticorruption Act of 2018
U.S. Senate
2018-10-03
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.

IICalendar No. 617115th CONGRESS2d SessionS. 3233IN THE SENATE OF THE UNITED STATESJuly 18, 2018Mr. Menendez (for himself, Mr. Cruz, Mr. Nelson, Mr. Rubio, Mr. Durbin, Mr. Perdue, Mr. Leahy, Mr. Kaine, Mr. Cardin, Mr. Cotton, Mr. Cornyn, Mr. Cassidy, Mr. Coons, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsOctober 3 (legislative day, September 28), 2018Reported by Mr. Corker, with an amendmentStrike out all after the enacting clause and insert the part printed in italicA BILLTo impose sanctions with respect to persons responsible for violence and human rights abuses in
			 Nicaragua, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Nicaragua Human Rights and Anticorruption Act of 2018. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Findings.Sec. 3. Sense of Congress on advancing a negotiated solution to Nicaragua's crisis.Sec. 4. Imposition of sanctions with respect to persons responsible for human rights violations and
			 corruption in Nicaragua.Sec. 5. Certification and waiver.Sec. 6. Report on human rights violations and corruption in Nicaragua.Sec. 7. Definitions.
 2.FindingsCongress makes the following findings: (1)On April 19, 2018, protests began in Managua, Nicaragua, as a result of changes made to the social security system by the Government of Nicaragua that would have raised workers’ contributions and cut retirees’ pensions.
 (2)The Government of Nicaragua has responded to antigovernment protests with excessive force and killings perpetrated by its public security forces and, as of July 17, 2018, more than 273 people have been killed in the context of those protests, according to the Inter-American Commission on Human Rights of the Organization of American States.
 (3)On May 21, 2018, the Inter-American Commission on Human Rights issued a statement that described the excessive use of force by Nicaraguan security forces and armed irregular groups that resulted in dozens of persons killed and hundreds wounded; illegal and arbitrary detentions; practices of torture, cruel, inhuman and degrading treatment; censorship and attacks on the press; and other forms of intimidation.
 (4)On May 29, 2018, Amnesty International released a report entitled Shoot to Kill: Nicaragua’s Strategy to Repress Protest, which documented the lethal use of weapons, specifically noting that gunshots fired by pro-government groups targeted specific individuals.
 (5)Transparency International's 2017 Corruption Perceptions Index ranks Nicaragua as tied for 151 of 180, the third worst ranking for a country in the Western Hemisphere, after Venezuela and Haiti.
 (6)The Country Reports on Human Rights Practices for 2017 of the Department of State notes, with respect to Nicaragua, that actions by the ruling Sandinista National Liberation Front party have resulted in the de facto concentration of power in a single party, with an authoritarian executive branch exercising significant control over the legislative, judicial, and electoral functions of the Government of Nicaragua.
 (7)The 2017 report of the Department of State also stated with respect to Nicaragua that the most significant human rights abuses included reports of arbitrary or unlawful killings; almost complete lack of judicial independence; unlawful interference with privacy; multiple obstacles to freedom of speech and the press, including government intimidation, and harassment of and threats against journalists and independent media; and partisan restrictions on freedom of peaceful assembly.
 (8)On July 5, 2018, pursuant to the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of Public Law 114–328; 22 U.S.C. 2656 note), the United States Government sanctioned 3 individuals from Nicaragua who have been involved in serious human rights abuses or engaged in corruption, including—
 (A)Francisco Javier Diaz, Commissioner of the National Police of Nicaragua; (B)Jose Francisco Lopez, Vice President of ALBANISA; and
 (C)Fidel Antonio Moreno, a member of the Sandinista National Liberation Front party. 3.Sense of Congress on advancing a negotiated solution to Nicaragua's crisisIt is the sense of Congress that—
 (1)credible negotiations between the Government of Nicaragua and representatives of the Catholic Church, civil society, student movement, private sector, and political opposition in Nicaragua represent the best opportunity to reach a peaceful solution to the crisis in Nicaragua that includes—
 (A)a commitment to hold early elections that meet democratic standards and permit credible international electoral observation;
 (B)the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and
 (C)independent investigations into the killings of more than 273 protesters; and (2)negotiations between the Government of Nicaragua and representatives of the Catholic Church, civil society, student movement, private sector, and political opposition in Nicaragua have not resulted in an agreement as of the date of the enactment of this Act because the Government of Nicaragua failed to credibly participate in the process.
			4.Imposition of sanctions with respect to persons responsible for human rights violations and
			 corruption
			 in
			 Nicaragua
 (a)In generalThe President shall impose the sanctions described in subsection (b) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines—
 (1)has perpetrated, or is responsible for ordering or otherwise directing, significant acts of violence or human rights violations in Nicaragua against persons associated with the protests in Nicaragua that began on April 18, 2018;
 (2)is responsible for or complicit in ordering, controlling, or otherwise directing significant actions or policies that undermine democratic processes or institutions in Nicaragua; or
 (3)is an official of the Government of Nicaragua, or a senior associate of such an official, that is responsible for or complicit in ordering, controlling, or otherwise directing acts of significant corruption, including the expropriation of private or public assets for personal gain, corruption related to government contracts, bribery, or the facilitation or transfer of the proceeds of corruption to foreign jurisdictions.
				(b)Sanctions described
 (1)In generalThe sanctions described in this subsection are the following: (A)Asset blockingThe exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
 (B)Exclusion from the United States and revocation of visa or other documentationIn the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien.
 (2)PenaltiesA person that violates, attempts to violate, conspires to violate, or causes a violation of paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
 (3)Exception relating to importation of goodsThe requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods (as that term is defined in section 16 of the Export Administration Act of 1979 (50 U.S.C. 4618) (as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.))).
 (4)Exception to comply with United Nations Headquarters AgreementSanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
 (c)Regulatory authorityThe President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
 (d)TerminationThis section shall terminate on December 31, 2021. 5.Certification and waiver (a)CertificationNot later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2021, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps—
 (1)to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council;
 (2)to combat corruption, including by investigating and prosecuting officials of that Government who are credibly alleged to be corrupt; and
 (3)to protect the right of political opposition parties, journalists, trade unionists, human rights defenders, and other civil society activists to operate without interference.
				(b)Waiver
 (1)Temporary general waiverIf the Secretary of State certifies to the appropriate congressional committees under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the imposition of additional sanctions under section 4 for a period of not more than one year beginning on the date of the certification.
 (2)Case-by-case waiverThe President may waive the application of sanctions under section 4 with respect to a person if the President—
 (A)determines that such a waiver is in the national interest of the United States; and (B)not later than the date on which the waiver takes effect, submits to the appropriate congressional committees a notice of and justification for the waiver.
 (c)Sense of CongressIt is the sense of Congress that the President should exercise the waiver authority provided under subsection (b)(1) if the Secretary of State certifies under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection.
			6.Report on human rights violations and corruption in Nicaragua
 (a)In generalNot later than 180 days after the date of the enactment of this Act, and annually thereafter until December 31, 2021, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the involvement of senior officials of the Government of Nicaragua, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in human rights violations and acts of significant corruption.
 (b)ElementsThe report required by subsection (a) shall include, to the extent feasible, the following: (1)For each senior official described in that subsection—
 (A)the estimated total amount of funds or other assets held in accounts at United States financial institutions or foreign financial institutions that are under the direct or indirect control of the senior official;
 (B)a description of such funds or assets; (C)an identification of any equity interest held by the senior official—
 (i)in an entity on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury; or
 (ii)in any other entity subject to sanctions imposed by the United States; (D)a description of how the senior official acquired such funds, assets, or equity interests; and
 (E)a description of how such funds, assets, or equity interests have been used. (2)A description of any new methods used by senior officials described in subsection (a) to evade anti-money laundering and related laws, including recommendations to improve techniques to combat the illicit use of the United States financial system by such senior officials.
 (c)FormThe report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
 (d)Public availabilityThe unclassified portion of the report required by subsection (a) shall be posted on a publicly available website of the Department of State.
 7.DefinitionsIn this Act: (1)Appropriate congressional committeesThe term appropriate congressional committees means—
 (A)the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and
 (B)the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.
 (2)United States personThe term United States person means— (A)a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
 (B)an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Nicaragua Human Rights and Anticorruption Act of 2018. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Sense of Congress on advancing a negotiated solution to Nicaragua's crisis.Sec. 3. Statement of policy.Sec. 4. Restrictions on international financial institutions relating to Nicaragua.Sec. 5. Imposition of targeted sanctions with respect to Nicaragua.Sec. 6. Annual certification and waiver.Sec. 7. Report on human rights violations and corruption in Nicaragua.Sec. 8. Civil society engagement strategy.Sec. 9. Reform of Western Hemisphere Drug Policy Commission.Sec. 10. Termination.Sec. 11. Definitions.
 2.Sense of Congress on advancing a negotiated solution to Nicaragua's crisisIt is the sense of Congress that— (1)credible negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, represent the best opportunity to reach a peaceful solution to the current political crisis that includes—
 (A)a commitment to hold early elections that meet democratic standards and permit credible international electoral observation;
 (B)the cessation of the violence perpetrated against civilians by the National Police of Nicaragua and by armed groups supported by the Government of Nicaragua; and
 (C)independent investigations into the killings of more than 277 protesters; and (2)negotiations between the Government of Nicaragua and representatives of Nicaragua’s civil society, student movement, private sector, and political opposition, mediated by the Catholic Church in Nicaragua, have not resulted in an agreement as of the date of the enactment of this Act because the Government of Nicaragua has failed to credibly participate in the process.
 3.Statement of policyIt is the policy of the United States to support— (1)the rule of law and an independent judiciary and electoral council in Nicaragua;
 (2)democratic governance in Nicaragua; (3)free and fair elections overseen by credible domestic and international observers in Nicaragua; and
 (4)anti-corruption and transparency efforts in Nicaragua. 4.Restrictions on international financial institutions relating to Nicaragua (a)RestrictionsThe Secretary of the Treasury shall—
 (1)instruct the United States Executive Director at each international financial institution of the World Bank Group to use the voice, vote, and influence of the United States to oppose the extension by the International Finance Corporation of any loan or financial or technical assistance to the Government of Nicaragua or to any entity for a project in Nicaragua;
 (2)instruct the United States Executive Director of the Inter-American Development Bank to use the voice, vote, and influence of the United States to oppose the extension by the Bank of any loan or financial or technical assistance to the Government of Nicaragua or to any entity for a project in Nicaragua; and
 (3)instruct the United States Executive Director of each other international financial institution, including the International Monetary Fund, to work with other key donor countries to develop a coherent policy approach to future engagements with and lending to the Government of Nicaragua, in a manner that will advance human rights, including the full restoration of the rights guaranteed to the people of Nicaragua through the commitments made by the Government of Nicaragua as a signatory of the International Covenant on Civil and Political Rights.
 (b)Exceptions for basic human needs and democracy promotionThe restrictions under paragraphs (1) and (2) of subsection (a) shall not apply with respect to any loan or financial or technical assistance provided to address basic human needs or to promote democracy in Nicaragua.
 (c)Briefing by the secretary of the treasuryNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of the Treasury shall brief the appropriate congressional committees on the effectiveness of international financial institutions in enforcing applicable program safeguards in Nicaragua.
			5.Imposition of targeted sanctions with respect to Nicaragua
 (a)In generalThe President shall impose the sanctions described in subsection (c) with respect to any foreign person, including any current or former official of the Government of Nicaragua or any person acting on behalf of that Government, that the President determines—
 (1)to be responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, or to have knowingly participated in, directly or indirectly, any activity described in subsection (b);
 (2)to be a leader of— (A)an entity that has, or whose members have, engaged in any activity described in subsection (b); or
 (B)an entity whose property and interests in property are blocked under subsection (c)(1)(A) as a result of activities related to the tenure of the leader;
 (3)to have knowingly materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of—
 (A)an activity described in subsection (b); or (B)a person whose property and interests in property are blocked under subsection (c)(1)(A); or
 (4)to be owned or controlled by, or to have knowingly acted or purported to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked under subsection (c)(1)(A).
 (b)Activities describedAn activity described in this subsection is any of the following in or in relation to Nicaragua on or after April 18, 2018:
 (1)Significant acts of violence or conduct that constitutes an abuse or violation of human rights against persons associated with the protests in Nicaragua that began on April 18, 2018.
 (2)Significant actions or policies that undermine democratic processes or institutions. (3)Acts of significant corruption by or on behalf of the Government of Nicaragua or a current or former official of the Government of Nicaragua, including—
 (A)the expropriation of private or public assets for personal gain or political purposes; (B)corruption related to government contracts;
 (C)bribery; or (D)the facilitation or transfer of the proceeds of corruption.
 (4)The arrest or prosecution of a person, including an individual or media outlet disseminating information to the public, primarily because of the legitimate exercise by such person of the freedom of speech, assembly, or the press.
				(c)Sanctions described
 (1)In generalThe sanctions described in this subsection are the following: (A)Asset blockingThe exercise of all powers granted to the President by the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the extent necessary to block and prohibit all transactions in all property and interests in property of a person determined by the President to be subject to subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
 (B)Exclusion from the United States and revocation of visa or other documentationIn the case of an alien determined by the President to be subject to subsection (a), denial of a visa to, and exclusion from the United States of, the alien, and revocation in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of any visa or other documentation of the alien.
 (2)PenaltiesA person that violates, attempts to violate, conspires to violate, or causes a violation of a measure imposed pursuant to paragraph (1)(A) or any regulation, license, or order issued to carry out paragraph (1)(A) shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
 (3)Exception relating to importation of goodsThe requirement to block and prohibit all transactions in all property and interests in property under paragraph (1)(A) shall not include the authority to impose sanctions on the importation of goods.
 (4)Exception to comply with United Nations Headquarters AgreementSanctions under paragraph (1)(B) shall not apply to an alien if admitting the alien into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
				(d)Implementation; regulatory authority
 (1)ImplementationThe President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
 (2)Regulatory authorityThe President shall issue such regulations, licenses, and orders as are necessary to carry out this section.
				6.Annual certification and waiver
 (a)CertificationNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report certifying whether the Government of Nicaragua is taking effective steps—
 (1)to strengthen the rule of law and democratic governance, including the independence of the judicial system and electoral council;
 (2)to combat corruption, including by investigating and prosecuting cases of public corruption; (3)to protect civil and political rights, including the rights of freedom of the press, speech, and association, for all people of Nicaragua, including political opposition parties, journalists, trade unionists, human rights defenders, indigenous peoples, and other civil society activists;
 (4)to investigate and hold accountable officials of the Government of Nicaragua and other persons responsible for the killings of more than 277 individuals associated with the protests in Nicaragua that began on April 18, 2018; and
 (5)to hold free and fair elections overseen by credible domestic and international observers (b)Waiver (1)Temporary general waiverIf the Secretary certifies to the appropriate congressional committees under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection, the President may waive the application of the restrictions under section 4 and sanctions under section 5 for a period of not more than one year beginning on the date of the certification.
 (2)National interest waiverThe President may waive the application of the restrictions under section 4 and sanctions under section 5 if the President—
 (A)determines that such a waiver is in the national interest of the United States; and (B)submits to the appropriate congressional committees a notice of and justification for the waiver.
 (3)Sense of congressIt is the sense of Congress that the President should exercise the waiver authority provided under paragraph (1) if the Secretary of State certifies under subsection (a) that the Government of Nicaragua is taking effective steps as described in that subsection.
 (c)ConsultationIn preparing a certification required by subsection (a), the Secretary shall consult with the appropriate congressional committees.
 (d)Annual briefingThe Secretary shall annually brief the appropriate congressional committees on whether the Government of Nicaragua is taking effective steps as described in subsection (a).
			7.Report on human rights violations and corruption in Nicaragua
 (a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Assistant Secretary of State for Intelligence and Research, and in coordination with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on—
 (1)the involvement of senior officials of the Government of Nicaragua, including members of the Supreme Electoral Council, the National Assembly, and the judicial system, in human rights violations, acts of significant corruption, and money laundering; and
 (2)persons that transfer, or facilitate the transfer of, goods or technologies for use in or with respect to Nicaragua, that are used by the Government of Nicaragua to commit serious human rights violations against the people of Nicaragua.
 (b)FormThe report required by subsection (a) may be classified. 8.Civil society engagement strategyNot later than 90 days after the date of the enactment of this Act, the President shall brief the appropriate congressional committees on a strategy—
 (1)for engaging relevant elements of civil society in Nicaragua, including independent media, human rights, and anti-corruption organizations, to strengthen rule of law and increase accountability for human rights abuses and corruption in Nicaragua; and
 (2)setting forth measures to support the protection of human rights and anti-corruption advocates in Nicaragua.
 9.Reform of Western Hemisphere Drug Policy CommissionSection 603(f)(1) of the Department of State Authorities Act, Fiscal Year 2017 (Public Law 114–323; 130 Stat. 1938) is amended by striking Not later than 60 days after the date of the enactment of this Act, the Commission shall hold an initial meeting to develop and implement and inserting At the initial meeting of the Commission, the Commission shall develop and implement.
 10.TerminationThe provisions of this Act (other than section 9) shall terminate on December 31, 2023. 11.DefinitionsIn this Act:
 (1)Appropriate congressional committeesThe term appropriate congressional committees means— (A)the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Appropriations of the Senate; and
 (B)the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Appropriations of the House of Representatives.
 (2)GoodThe term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
 (3)PersonThe term person means an individual or entity. (4)United States personThe term United States person means any United States citizen, permanent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity), or any person in the United States.October 3 (legislative day, September 28), 2018Reported with an amendment


114 HR 2773 IH: 21st Century STEM for Girls and Underrepresented Minorities Act
U.S. House of Representatives
2015-06-15
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.

		I
		114th CONGRESS
		1st Session
		H. R. 2773
		IN THE HOUSE OF REPRESENTATIVES

			June 15, 2015
			Mrs. Beatty (for herself, Ms. Castor of Florida, Mr. Grijalva, Mr. Cicilline, Mr. Conyers, Ms. Clarke of New York, Ms. Plaskett, Mr. Butterfield, Mr. Rangel, Ms. Lee, Mrs. Kirkpatrick, Ms. Brown of Florida, Ms. Esty, Mr. Hinojosa, Ms. McCollum, Mr. Meeks, Ms. Jackson Lee, Ms. Norton, Mr. Thompson of California, Mrs. Bustos, Mrs. Watson Coleman, Mr. Thompson of Mississippi, Mr. Sean Patrick Maloney of New York, Mr. David Scott of Georgia, Ms. Wilson of Florida, Mr. Honda, and Mr. Van Hollen) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To amend the Elementary and Secondary Education Act of 1965 to provide grants to local educational
			 agencies to encourage girls and underrepresented minorities to pursue
			 studies and careers in science, mathematics, engineering, and technology.

 1.Short titleThis Act may be cited as the 21st Century STEM for Girls and Underrepresented Minorities Act. 2.Grants to prepare girls and underrepresented minoritiesTitle V of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6001 et seq.) is amended by adding at the end the following:

				EPreparing girls and underrepresented minorities for the 21st century
					5701.Program authority
 (a)In GeneralFrom funds provided under section 5702, the Secretary is authorized to provide grants to local educational agencies on behalf of elementary and secondary schools to establish and implement a program to encourage the ongoing development of programs and curriculum for girls and underrepresented minorities in science, mathematics, engineering, and technology and to prepare girls and underrepresented minorities to pursue undergraduate and graduate degrees and careers in science, mathematics, engineering, or technology.
						(b)Application
 (1)In generalTo be eligible to receive a grant, or enter into a contract or cooperative agreement, under this part, a local educational agency shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require.
 (2)ContentsThe application shall contain, at a minimum, the following: (A)A program description, including the content of the program and the research and models used to design the program.
 (B)A description of the collaboration between elementary and secondary schools to fulfill goals of the program and how the applicant will ensure that there is a comprehensive plan to improve science, mathematics, engineering, and technology education for girls and underrepresented minorities in grades kindergarten through 12.
 (C)A description of the process for recruitment and selection of participants. (D)A description of the planned instructional and motivational activities.
 (E)A description of any collaboration among local, regional, or national institutions and organizations that will occur in order to fulfill the goals of the program.
 (3)PriorityIn selecting among applications, the Secretary shall give priority to applicants that partner or coordinate, to the extent possible, with local, regional, or national institutions and organizations who have extensive experience, expertise and research on increasing the participation of girls or underrepresented minorities in science, mathematics, engineering and technology.
 (c)Use of fundsFunds provided under this section shall be used for the following: (1)Preparing girls and underrepresented minorities with careers in science, mathematics, engineering, and technology, and the advantages of pursuing careers in these areas.
 (2)Educating the parents of girls and underrepresented minorities about the opportunities and advantages of science, mathematics, engineering, and technology careers.
 (3)Enlisting the help of the parents of girls and underrepresented minorities in overcoming the obstacles these groups face and encouraging their child’s continued interest and involvement in science, mathematics, engineering, and technology.
 (4)Providing tutoring and mentoring programs in science, mathematics, engineering, and technology. (5)Establishing partnerships and other opportunities that expose girls and underrepresented minorities to role models in the fields of science, mathematics, engineering and technology.
 (6)Enabling female and underrepresented minority students and their teachers to attend events and academic programs in science, mathematics, engineering, and technology.
 (7)Providing after-school activities designed to encourage interest, and develop skills of girls and underrepresented minorities, in science, mathematics, engineering, and technology.
 (8)Summer programs designed in order that girls and underrepresented minorities develop an interest in, develop skills in, and understand the relevance and significance of, science, mathematics, engineering, and technology.
 (9)Purchasing— (A)educational instructional materials or software designed to encourage interest of girls and underrepresented minorities in science, mathematics, engineering, and technology; or
 (B)equipment, instrumentation, or hardware used for teaching and to encourage interest of girls and underrepresented minorities in science, mathematics, engineering, and technology.
 (10)Field trips to locations, including institutions of higher education, to educate and encourage girls’ and underrepresented minorities’ interest in science, mathematics, engineering, and technology and acquaint them with careers in these fields.
 (11)Providing academic advice and assistance in high school course selection that encourages girls and underrepresented minorities to take advanced courses in areas of science, technology, engineering, and mathematics.
 (12)Paying up to 50 percent of the cost of an internship in science, mathematics, engineering, or technology for female and underrepresented minority students.
 (13)Providing professional development for teachers and other school personnel, including— (A)how to eliminate gender and racial bias in the classroom;
 (B)how to be sensitive to gender and racial differences; (C)how to engage students in the face of gender-based and racial peer pressure and parental expectations;
 (D)how to create and maintain a positive environment; and (E)how to encourage girls and underserved minorities through academic advice and assistance to pursue advanced classes and careers in science, mathematics, engineering, and technology fields.
 (d)Supplement, not supplantThe Secretary shall require each local educational agency to use the assistance provided under this section only to supplement, and not to supplant, any other assistance or funds made available from non-Federal sources for the activities assisted under this section.
 (e)EvaluationsEach local educational agency that receives funds under this section shall provide the Secretary, at the conclusion of every school year during which the funds are received, with an evaluation, in a form prescribed by the Secretary. This evaluation shall include—
 (1)a description of the programs and activities conducted by the local educational agency using the funds;
 (2)data on curriculum and partnerships developed using the funds; (3)data on the amount of time spent on subjects allowed for under the grant; and
 (4)such other information as may be required by the Secretary. 5702.Authorization of appropriationsThere are authorized to be appropriated to carry out this part $5,000,000 for fiscal year 2016 and such sums as may be necessary for each of the 4 succeeding fiscal years..


IV
111th CONGRESS
1st Session
H. RES. 87
In the House of Representatives, U. S.,

January 27, 2009

RESOLUTION
Providing for consideration of the bill (S. 181) to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes.

That upon the adoption of this resolution it shall be in order to consider in the House the bill (S. 181) to amend title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act of 1967, and to modify the operation of the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973, to clarify that a discriminatory compensation decision or other practice that is unlawful under such Acts occurs each time compensation is paid pursuant to the discriminatory compensation decision or other practice, and for other purposes. All points of order against consideration of the bill are waived except those arising under clause 10 of rule XXI. The bill shall be considered as read. All points of order against the bill are waived. The previous question shall be considered as ordered on the bill to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chair and ranking minority member of the Committee on Education and Labor; and (2) one motion to commit.

Lorraine C. Miller,Clerk.


		II
		111th CONGRESS
		2d Session
		S. 3548
		IN THE SENATE OF THE UNITED
		  STATES

			June 29, 2010
			Mr. Casey (for himself,
			 Mr. Brown of Ohio,
			 Mr. Kerry, Mr.
			 Levin, Mr. Whitehouse,
			 Ms. Stabenow, Mr. Leahy, Mr.
			 Dodd, Mr. Franken,
			 Mr. Burris, and Mr. Akaka) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Finance

		A BILL
		To provide for the extension of premium
		  assistance for COBRA benefits.

		1.Short titleThis Act may be cited as the
			 Extend COBRA Premium Assistance
			 Program Act of 2010.
		2.Extension and improvement of premium
			 assistance for COBRA benefits
			(a)In general
				(1)Extension of eligibility
			 periodSubsection (a)(3)(A)
			 of section 3001 of division B of the American Recovery and Reinvestment Act of
			 2009 (Public Law 111–5), as amended by section 3(a) of the Continuing Extension
			 Act of 2010 (Public Law 111–157), is amended by striking May 31,
			 2010 and inserting November 30, 2010.
				(2)Rules relating to 2010
			 extensionSubsection (a) of
			 section 3001 of division B of the American Recovery and Reinvestment Act of
			 2009 (Public Law 111–5), as amended by section 3(b) of the Continuing Extension
			 Act of 2010 (Public Law 111–157), is amended by adding at the end the
			 following:

						(19)Additional rules related to 2010
				extensionIn the case of an
				individual who, with regard to coverage described in paragraph (10)(B),
				experiences a qualifying event related to a termination of employment on or
				after June 1, 2010, and prior to the date of the enactment of this
				paragraph—
							(A)paragraph (2)(A)(ii)(I) shall be applied by
				substituting 6 months for 15 months; and
							(B)rules similar to those in paragraphs (4)(A)
				and (7)(C) shall apply with respect to all continuation coverage, including
				State continuation coverage
				programs.
							.
				(3)Effective
			 dateThe amendment made by
			 this subsection shall take effect as if included in the provisions of section
			 3001 of division B of the American Recovery and Reinvestment Act of
			 2009.
				(b)Required minimum 10-Year term, etc., for
			 grantor retained annuity trusts
				(1)In generalSubsection (b) of
			 section
			 2702 of the Internal Revenue Code of 1986 is amended—
					(A)by redesignating paragraphs (1), (2), and
			 (3) as subparagraphs (A), (B), and (C), respectively, and by moving such
			 subparagraphs (as so redesignated) 2 ems to the right;
					(B)by striking For purposes of
			 and inserting the following:

							(1)In generalFor purposes
				of
							;
					(C)by striking paragraph (1) or
			 (2) in paragraph (1)(C) (as so redesignated) and inserting
			 subparagraph (A) or (B); and
					(D)by adding at the end the following new
			 paragraph:

							(2)Additional requirements with respect to
				grantor retained annuitiesFor purposes of subsection (a), in the case
				of an interest described in paragraph (1)(A) (determined without regard to this
				paragraph) which is retained by the transferor, such interest shall be treated
				as described in such paragraph only if—
								(A)the right to receive the fixed amounts
				referred to in such paragraph is for a term of not less than 10 years,
								(B)such fixed amounts, when determined on an
				annual basis, do not decrease relative to any prior year during the first 10
				years of the term referred to in subparagraph (A), and
								(C)the remainder interest has a value greater
				than zero determined as of the time of the
				transfer.
								.
					(2)Effective
			 dateThe amendments made by
			 this subsection shall apply to transfers made after December 31, 2010.


		II

		109th CONGRESS

		1st Session

		S. 1189

		IN THE SENATE OF THE UNITED

		  STATES

			June 7, 2005

			Mr. Salazar introduced

			 the following bill; which was read twice and referred to the

			 Committee on Veterans'

			 Affairs

		A BILL

		To require the Secretary of Veterans

		  Affairs to publish a strategic plan for long-term care, and for other

		  purposes.

		1.FindingsCongress makes the following

			 findings:

			(1)The number of aging veterans in the United

			 States is increasing rapidly, with the number of veterans 85 years old and

			 older expected to increase from approximately 870,000 to 1,300,000 during the

			 next 10 years.

			(2)This group of veterans will have a

			 significant need for nursing home care and will require a variety of

			 noninstitutional long-term care services.

			(3)The Department of Veterans Affairs is

			 struggling to meet its current obligations and is ill prepared to meet the

			 long-term care needs of America’s aging veteran population.

			(4)Long-term care was not included in the

			 Capital Asset Realignment for Enhanced Services (CARES) process because of a

			 lack of forecasts and policies needed to project and plan to meet future

			 demands for long-term care.

			(5)The Department of Veterans Affairs has

			 failed to comply with the CARES Commission's 2003 recommendation to develop a

			 long-term care strategic plan, which failure has had a detrimental effect on

			 the welfare of veterans in need of such care.

			2.Strategic plan for

			 long-term care

			(a)PublicationNot later than 180 days after the date of

			 enactment of this Act, the Secretary of Veterans Affairs shall publish a

			 strategic plan for long-term care.

			(b)ContentsThe plan published under subsection (a)

			 shall—

				(1)comply with the recommendations of the

			 CARES Commission;

				(2)contain policies and strategies for—

					(A)the delivery of care in domiciliaries,

			 residential treatment facilities, and nursing homes, and for seriously mentally

			 ill veterans;

					(B)maximizing the use of State veterans

			 homes;

					(C)locating domiciliary units as close to

			 patient populations as feasible; and

					(D)identifying freestanding nursing homes as

			 an acceptable care model;

					(3)include data on—

					(A)the care of catastrophically disabled

			 veterans; and

					(B)the geographic distribution of

			 catastrophically disabled veterans;

					(4)address the spectrum of noninstitutional

			 long-term care options, including—

					(A)respite care;

					(B)home based primary care;

					(C)geriatric evaluation;

					(D)adult day health care;

					(E)skilled home health care; and

					(F)community residential care; and

					(5)provide—

					(A)cost and quality comparison analyses of all

			 the different levels of care;

					(B)detailed information about geographic

			 distribution of services and gaps in care; and

					(C)specific plans for working with Medicare,

			 Medicaid, and private insurance companies to expand care.


116 HR 9009 IH: Literature Selection Technical Review Committee Reform Act of 2020
U.S. House of Representatives
2020-12-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 9009IN THE HOUSE OF REPRESENTATIVESDecember 17, 2020Mr. Gosar introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to increase the transparency of the process of the National Library of Medicine in listing and delisting journals in MEDLINE (or any other current or successor databases or indices), and for other purposes.1.Short titleThis Act may be cited as the Literature Selection Technical Review Committee Reform Act of 2020.2.Journal collection of National Library of MedicineTitle IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by inserting after section 467 of such Act (42 U.S.C. 286a–1) the following new section:468.Journal collection(a)In generalIn acquiring, preserving, organizing, publishing, and disseminating journals through the National Library of Medicine, including through the Literature Selection Technical Review Committee (or any successor committee) and MEDLINE (or any other current or successor databases or indices), the Secretary shall comply with the requirements of this section.(b)Scoring rubric(1)Specification of metricsThe Secretary shall specify and make publicly available the metrics pursuant to which the Library lists and delists journals in the Library’s collections, including—(A)the quality and importance metrics used;(B)the ethics policies metrics; and(C)the methodology for calculating a journal’s overall rating.(2)Initial specificationThe Secretary shall comply with paragraph (1) beginning not later than 60 days after the date of enactment of this section.(c)Ensuring independent advice and expertiseRegarding the members of the Literature Selection Technical Review Committee (and any successor committee):(1)IndependenceThe Secretary shall appoint the members without regard to political affiliation or political campaign activity. (2)ProcessThe Secretary shall—(A)not less than annually, solicit nominations for potential members; and(B)before making an appointment—(i)provide a publicly accessible mechanism for interested persons to comment on the potential member; and(ii)take such comments into consideration.(d)Delisting process(1)NotificationBefore delisting a journal from MEDLINE (or any other current or successor databases or indices), the Secretary shall—(A)notify the journal of the Secretary’s intention to refer the journal to the Literature Selection Technical Review Committee (or any successor committee) for review; and(B)give the journal a period of 60 days, beginning on the date of such notification, to respond to the concerns forming the basis for the referral to the Literature Selection Technical Review Committee (or any successor committee) for review.(2)Concerns not resolved(A)ProcessIf a journal fails during the 60-day period described in paragraph (1)(B) to resolve to the Secretary’s satisfaction the concerns forming the basis for the referral to the Literature Selection Technical Review Committee (or any successor committee) for review, the Secretary shall—(i)provide a detailed explanation to the journal of the initial concerns and why the journal has not satisfactorily resolved these concerns; and(ii)after providing such explanation, issue a decision referring the journal to the Literature Selection Technical Review Committee (or a successor committee) for review.(B)Right to be presentA journal being reviewed pursuant to subparagraph (A)(ii)(II) shall have the right to be present at such review.(3)Period for appeal(A)In generalIf, upon review pursuant to paragraph (2)(A)(ii), the Literature Selection Technical Review Committee (or any successor committee) recommends that a journal be delisted from MEDLINE (or any other current or successor databases or indices), and the Secretary agrees with such recommendation and issues a decision to delist the journal, the journal shall have a period of 60 days to appeal the Secretary’s decision pursuant to paragraph (4).(B)No change to status during appealDuring the 60-day period under subparagraph (A) and during an appeal under paragraph (4), the Secretary shall not make any change in the journal’s status with MEDLINE (or any other current or successor databases or indices).(4)Appeals(A)In generalThe Secretary shall establish and make publicly available a standardized process for journals to appeal a decision described in paragraph (3)(A).(B)MeetingUnder the process under subparagraph (A), the Literature Selection Technical Review Committee (or any successor committee) shall determine, at the Committee’s next meeting that takes place at least 30 days after an appeal is filed, whether to recommend that the Secretary’s decision to delist the journal involved should be reversed. Prior to the Committee making such a determination, the journal shall be afforded an opportunity to—(i)attend such meeting; and(ii)present its appeal in person or, if it so chooses, in writing.(C)Final recommendationAfter meeting pursuant to subparagraph (B) with respect to a decision to delist a journal, the Literature Selection Technical Review Committee (or any successor committee) shall—(i)make a final recommendation with respect such delisting; and(ii)concurrently with the transmission of such final recommendation to the Secretary, notify the journal of such final recommendation.(D)Final decisionNot later than 30 days after receiving a final recommendation pursuant to subparagraph (C), the Secretary shall—(i)make a final decision as to whether the journal should be delisted from MEDLINE (or any other current or successor databases or indices); and(ii)notify the journal of such decision, including by providing a detailed explanation of such decision.(E)Post-decision periodIf the Secretary decides pursuant to subparagraph (D) to delist a journal, the Secretary shall—(i)give the journal a period of 30 days to inform its authors, subscribers, and other relevant parties that the journal will no longer be listed; and(ii)refrain from delisting the journal until the conclusion of such 30-day period.(F)Right to reapplyAny journal that is delisted pursuant to this section from MEDLINE (or any other current or successor databases or indices) shall, beginning on the date that is one year after the date of its delisting, have the right to reapply, but not more than once each year, to be re-listed in MEDLINE (or any successor databases or indices).(5)Previously delisted journalsAny journal that was delisted from MEDLINE on or after January 1, 2016, and before the date of enactment of this section, shall be given an opportunity during the 60-day period following such date of enactment to appeal the delisting. Any such appeal shall be resolved pursuant to the process described in paragraph (4)..


113 S2451 IS: Local School Board Governance and Flexibility Act
U.S. Senate

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
		2d Session
		S. 2451
		IN THE SENATE OF THE UNITED STATES

			June 10, 2014
			Mr. Inhofe introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

		A BILL
		To support the local decisionmaking functions of local educational agencies by limiting the
			 authority of the Secretary of Education to issue regulations, rules, grant
			 conditions, and guidance materials, and for other purposes.

			1.
			Short title
			This Act may be cited as the
			 Local School Board Governance and
			 Flexibility Act.

			2.
			Sense of
			 Congress
			It is the sense of
			 Congress that—

				(1)
				the responsibility
			 for education resides with the States, which have delegated to local
			 school
			 boards the power and authority to adopt policies, establish priorities,
			 and
			 provide accountability to direct the operation of neighborhood schools;

				(2)
				local school boards are held accountable by
			 local voters to represent the interests of students, parents, local
			 businesses,
			 civic organizations, taxpayers, and the community at large in determining,
			 subject to State laws and policies, the direction, values, climate, and
			 financial support of the schools in their community;

				(3)
				the vital national
			 interest in local self-governance of local educational agencies has been
			 weakened through Department of Education requirements that are either
			 unnecessary to achieve the specific direction of legislation enacted by
			 Congress, or that impose unnecessary limits on the flexibility needed by
			 local
			 educational agencies in order to meet local, State, and Federal goals in
			 education; and

				(4)
				to support the
			 local decisionmaking function of local educational agencies, the Secretary
			 of
			 Education should engage only in issuing regulations, rules, grant
			 conditions,
			 guidance materials, and other requirements under the jurisdiction of the
			 Department that are—

					(A)
					specifically
			 required to implement Federal legislation; and

					(B)
					demonstrated to be
			 educationally, operationally, and financially within the capacity of local
			 educational agencies to implement.

			3.
			Authority of the
			 Secretary
			Unless specifically
			 authorized by Federal law, the Secretary may not issue a Federal
			 regulation,
			 rule, grant condition, guidance material, or other requirement pertaining
			 to a
			 State educational agency or a local educational agency that—

				(1)
				conflicts with the
			 power and authority of the local educational agency delegated by the State
			 regarding the operation of the schools (including the school system’s
			 mission
			 and goals, organization, local budget and budget priorities, education
			 program,
			 curriculum, or extra-curricular activities), student health services and
			 safety, transportation and school boundaries, procurement policies,
			 staffing
			 and personnel policies, capital construction, authority to levy taxes,
			 issue
			 bonds, and acquire land, and other functions essential to the daily
			 operation
			 of
			 the schools within the jurisdiction of the local educational agency;

				(2)
				results in
			 additional costs to the local educational agency for reporting, grant
			 administration, and general operations, unless fully funded from Federal
			 funds;

				(3)
				conflicts with the
			 power and authority of the local educational agency to determine how to
			 engage
			 or act upon community participation and advice;

				(4)
				imposes
			 requirements on a local educational agency or State educational agency
			 that would limit or adversely
			 affect
			 the authority of the local educational agency or State educational agency
			 to function as a legislative, executive, or
			 quasi-judicial
			 agency;

				(5)
				conflicts with the
			 authority of—(A)a State to determine the appropriate governance structure of—(i)the State educational agency; or(ii)the State's
			 local educational agencies; or(B)a State educational agency or  local educational agency
			 to
			 determine the appropriate governance and management of the schools that
			 the State educational agency or local educational agency serve;

				(6)
				establishes
			 reporting requirements for State educational agencies or  local
			 educational agencies that duplicate
			 existing
			 Federal requirements or that are issued without first conducting a fiscal
			 impact statement related to the costs to State educational agencies or
			 local educational agencies, as the case may be,
			 including
			 requests for data and recommendations from State educational agencies or
			 local educational agencies and
			 national education organizations consistent with the provisions of section
			 4(a); or

				(7)
				places conditions
			 or requirements on a grant to a State or local educational agency that are
			 not
			 directly related to, or that do not directly support, the intent of the
			 specific purpose of the
			 grant
			 or the legislation authorizing such grant.

			4.
			Opportunity for
			 comment regarding local impact

				(a)
				In
			 general
				During each fiscal year (beginning with the fiscal year
			 following the fiscal year in which this Act is enacted), the Secretary of
			 Education shall provide local educational agencies and the major national
			 education organizations, including those representing local school boards,
			 local school superintendents, principals, and teachers, a minimum of 60
			 days in
			 order to provide written comments regarding the local impact of
			 implementing
			 Federal regulations, rules, grant conditions, guidance materials, or other
			 requirements for any applicable program or activity of the Secretary.

				(b)
				Report
				The Secretary of Education shall prepare
			 and publish a report based on the comments received pursuant to subsection
			 (a),
			 which shall be forwarded to the chairs and ranking members of the
			 Education and
			 the Workforce Committee of the House of Representatives and the Health,
			 Education,
			 Labor, and Pensions Committee of the Senate not later than July 1 of each
			 year
			 and shall be simultaneously posted on the Department of Education’s
			 website.

			5.
			Efficiency in
			 implementing Federal programs

				(a)
				Eliminating
			 reporting duplications
				Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall
			 conduct a
			 review of
			 existing reporting requirements applicable to local educational agencies
			 resulting from programs and activities under the jurisdiction of the
			 Department
			 of Education to determine duplications and make modifications as necessary
			 to
			 eliminate such reporting duplications.

				(b)
				Prohibition
				The
			 Secretary may not promulgate any regulation, rule, guidance material,
			 grant
			 condition, or other requirement pertaining to a State educational agency
			 or a
			 local educational agency, without first taking the following actions:

					(1)
					Requesting data
			 and recommendations from State educational agencies, local educational
			 agencies, and the major national
			 education organizations representing chief State school officers, local
			 school boards, local school
			 superintendents, principals, and teachers regarding the educational,
			 financial,
			 and operational costs involved for implementation, and publishing the data
			 and
			 recommendations provided upon issuance of such regulation, rule, guidance
			 material, grant condition, or other requirement and posting that
			 information on
			 the Department of Education’s website.

					(2)
					Verifying, based
			 on the data set forth in paragraph (1), that local educational agencies
			 will
			 have the financial resources and the technical assistance such agencies
			 may need to
			 successfully implement the regulation, rule, guidance material, grant
			 condition, or other requirement, including any Federal requirement that
			 would
			 extend beyond the time that Federal assistance is available for that
			 purpose.

					(3)
					Providing State educational agencies, local
			 educational agencies, and the national education organizations identified
			 in
			 paragraph (1) with not less than 60 days notice following the Secretary’s
			 publication of a notice of intent to issue any regulation, rule, guidance
			 material, grant condition, or other requirement to respond, unless a
			 shorter
			 time period is needed to meet an emergency such as a declared natural
			 disaster.

					(4)
					Ensuring that
			 maximum flexibility is provided to State educational agencies and  local
			 educational agencies in
			 implementing
			 any regulation, rule, guidance material, grant condition, or other
			 requirement.

				(c)
				Review and
			 response
				If a local educational agency or an organization
			 identified in subsection (b) provides the Secretary of Education with a
			 written
			 statement demonstrating that a regulation, rule, guidance material, grant
			 condition, or other requirement does not meet the substantive or
			 procedural
			 requirements of this Act, the Secretary, or the Secretary’s designee,
			 shall
			 review the merits of that statement, provide a written response within 60
			 days,
			 and post that response on the Department of Education’s website, including
			 a description of
			 what
			 action, if any, the Secretary will take to correct any deficiency that the
			 Secretary determines exists.


		I
		112th CONGRESS
		1st Session
		H. R. 3077
		IN THE HOUSE OF REPRESENTATIVES

			October 3, 2011
			Mr. Miller of North
			 Carolina introduced the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To amend the Federal Deposit Insurance Act to ensure that
		  customers have the right to immediately close any account at any insured
		  depository institutions on demand, without cost to the consumer, that consumers
		  receive any balance in their account immediately, and for other
		  purposes.

		1.Short titleThis Act may be cited as the Freedom
			 and Mobility in Consumer Banking Act.
		2.Federal Deposit
			 Insurance Act amendmentsThe
			 Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) is amended by adding at
			 the end the following new section:

				51.Right to close
				personal checking and savings accounts
					(a)In
				generalAn insured depository
				institution may not—
						(1)prohibit any person from closing a checking
				or savings account, regardless of whether the balance in the account is
				positive, zero, or negative; or
						(2)charge any fee to
				close any such account.
						(b)Time
				limitAn account at any
				insured depository institution shall be closed by the institution not later
				than 48 hours after receiving a request from the customer to close the
				account.
					(c)Methods of
				requesting closure of an account
						(1)In
				generalAny accountholder of an account at an insured depository
				institution may request that the account be closed in person, over the phone,
				or by other electronic or remote means, as may be prescribed by
				regulation.
						(2)Exception for
				large accountsNotwithstanding paragraph (1), any insured
				depository institution may require an accountholder of an account which has an
				outstanding balance of $25,000 or more on deposit at the depository institution
				to close the account in person, to the extent the depository institution has
				provided written notice of such requirement to the account holder at any time
				prior to receiving a request from the accountholder to close the
				account.
						(d)Repayment of
				balances
						(1)In
				generalAny balance in an
				account at an insured depository institution that is closed by the institution
				pursuant to a request by the accountholder shall repaid to the accountholder in
				accordance with the following requirements:
							(A)In
				personIf the request is made
				in person, the total amount of funds on deposit in the account shall be paid to
				the accountholder at the time the request is made at the consumer’s option and
				without a fee, by certified check provided to the consumer at the time of the
				request, by electronic fund transfer executed on that business day to an
				account designated by the consumer, or by any other means offered by the
				financial institution if requested by the consumer.
							(B)Request made by
				other meansIf the request is
				made over the phone, or by other electronic or remote means, the total amount
				of funds on deposit in the account shall promptly be remitted by the
				institution to the accountholder at the consumer’s option and without a fee, by
				certified check issued on the business day on which the request is received, by
				electronic fund transfer executed on that business day to an account designated
				by the consumer, or by any other means offered by the financial institution if
				requested by the consumer.
							(2)Time
				limitIn any case, the
				payment by an insured depository institution of the total amount of funds on
				deposit in an account at the institution which the accountholder has requested
				be closed shall be remitted to the accountholder before the end of the 3
				business day period beginning when the accountholder submits such
				request.
						(e)Prohibition on
				any fees or charges after request To closeNo insured depository institution may
				impose any fees or charges on any deposit account at such institution after
				receiving a request in accordance with subsection (c) to close the
				account.
					(f)Prohibition on
				reopening account To make subsequent paymentNo insured depository institution may
				reopen an account that the consumer has requested be closed in accordance with
				subsection (c) to apply subsequent debits, whether preauthorized or otherwise,
				or for any other reason, unless the consumer expressly requests that such
				account be reopened.
					(g)Notice of
				subsequent preauthorized recurring debitsDuring the 30-day period beginning on the
				date an account at an insured depository institution is closed pursuant to a
				request by the accountholder, the insured depository institution shall promptly
				notify the customer if a preauthorized recurring debit is directed to the
				account.
					(h)Limitation on
				reporting
						(1)Negative balance
				resulting from feesIf, at
				the time any account at an insured depository institution is closed, the
				account has a negative balance resulting solely from any fee assessed by the
				depository institution, the insured depository institution may not report the
				fact of the outstanding balance or any other adverse information with respect
				to such account to any consumer reporting agency described in section 603(f) of
				the Fair Credit Reporting Act if such information could be used to adversely
				affect the consumer’s ability to open a transaction account at another
				depository institution.
						(2)Treatment of
				negative balance resulting from overdraftsIf such information could be used to
				adversely affect the consumer’s ability to open a transaction account at
				another depository institution, an insured depository institution shall not
				report to any consumer reporting agency (as defined in section 603 of the Fair
				Credit Reporting Act) that an account had a negative balance at the time of the
				closure of the account unless all of the following conditions are met:
							(A)Only if the
				negative balance is the result of funds actually paid by the depository
				institution to a third party.
							(B)Only for the
				amount it actually paid to the third party and not for any fees associated with
				the transaction.
							(C)Only to the extent the negative balance is
				the result of credit extended through an overdraft line of credit program where
				the fee or charge incurred in connection with the overdraft is considered a
				finance charge under the Truth In Lending Act.
							(3)Notice and
				opportunity for repayment of overdraftIf an account of an accountholder at an
				insured depository institution has a negative balance at the time the account
				is closed, the insured depository institution—
							(A)shall promptly notify the accountholder of
				the fact of the negative balance and the amount due; and
							(B)may, after the end of the 30-day period
				beginning on the date notice is provided to an accountholder under subparagraph
				(A)—
								(i)report the fact of the outstanding balance
				or any other adverse information with respect to such account to any consumer
				reporting agency, subject to the limitations in paragraph (2); and
								(ii)take any other
				collection activity with respect to such outstanding balance.
								(i)Transfer of
				direct deposit received after notice of closure and
				paymentIf—
						(1)during the 30-day period beginning after
				any balance in an account at an insured depository institution that is closed
				by the institution pursuant to a request by the accountholder has been repaid
				to the accountholder, a previously scheduled amount intended for direct deposit
				into such account is received by such institution, and
						(2)before the time
				such amount is received, the consumer provides the insured depository
				institution with an account number and insured depository institution routing
				number for a successor transaction or savings account at another insured
				depository institution,
						the
				insured depository institution which receives such amount shall transfer such
				amount, without a fee and by electronic fund transfer, to the insured
				depository institution identified by the former accountholder for deposit in
				the transaction or savings account identified by such former
				accountholder.(j)RegulationsThe
				Federal banking agencies shall jointly prescribe regulations to carry out the
				purposes of this
				section.
					.


114 HR 5320 : Social Security Must Avert Identity Loss (MAIL) Act of 2016
U.S. House of Representatives
2016-09-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		114th CONGRESS
		2d Session
		H. R. 5320
		IN THE SENATE OF THE UNITED STATES
		September 26, 2016Received; read twice and referred to the Committee on FinanceAN ACT
		To restrict the inclusion of social security account numbers on documents sent by mail by the
			 Social Security Administration, and for other purposes.

 1.Short titleThis Act may be cited as the Social Security Must Avert Identity Loss (MAIL) Act of 2016. 2.Restriction on social security account numbers in documents sent by mail (a)In generalSection 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)) is amended by adding at the end the following:

					(xiv)
 (I)The Commissioner of Social Security shall ensure that no document sent by mail by the Social Security Administration includes a complete social security account number unless the Commissioner determines that inclusion of such complete number is necessary.
 (II)Not later than 30 days after the date of the enactment of this clause and not later than each of March 31 and September 30 of each of the first 6 years following the year in which such date of enactment occurs, the Commissioner of Social Security shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the implementation of subclause (I). Such report shall include—
 (aa)the title and identification number of each document used by the Social Security Administration during the previous year on which is printed an individual’s complete social security account number;
 (bb)the most recent date on which each such document was updated; and (cc)the projected date on which complete social security account numbers will be removed from each such document, or if the Commissioner determines that inclusion of such complete number is necessary, the rationale for such determination..
 (b)Effective dateThe Commissioner of Social Security shall implement the amendments made under subsection (a) as soon as practicable after the date of the enactment of this Act.

	Passed the House of Representatives September 22, 2016.Karen L. Haas,Clerk