114 HR 401 IH: Detaining Terrorists to Protect America Act of 2015
U.S. House of Representatives
2015-01-16
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.

		I
		114th CONGRESS
		1st Session
		H. R. 401
		IN THE HOUSE OF REPRESENTATIVES

			January 16, 2015
			Mrs. Walorski (for herself and Mr. Wenstrup) introduced the following bill; which was referred to the Committee on Armed Services

		A BILL
		To extend and enhance prohibitions and limitations with respect to the transfer or release of
			 individuals detained at United States Naval Station, Guantanamo Bay, Cuba,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Detaining Terrorists to Protect America Act of 2015.2.Prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba(a)ProhibitionNo amounts appropriated or otherwise available for any department or agency of the United States Government may be used, during the period beginning on the date of the enactment of this Act and ending on the date that is two years after the date of the enactment of this Act, to construct or modify any facility in the United States, its territories, or possessions to house an individual detained at Guantanamo for the purpose of detention or imprisonment in the custody or control of the United States Government unless authorized by Congress.(b)ExceptionThe prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.(c)Individual detained at Guantanamo definedIn this section, the term individual detained at Guantanamo means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who—(1)is not a citizen of the United States or a member of the Armed Forces of the United States; and(2)is—(A)in the custody or under the control of the Department of Defense; or(B)otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.(d)Repeal of superseded prohibitionSection 1033 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 850), as amended by section 1032 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), is repealed.3.Prohibition on use of funds for transfer or release to the United States of individuals
			 detained at United
 States Naval Station, Guantanamo Bay, Cuba(a)ProhibitionNo amounts appropriated or otherwise available for any department or agency of the United States Government may be used, during the period beginning on the date of the enactment of this Act and ending on the date that is two years after the date of the enactment of this Act, to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions of Khalid Sheikh Mohammed or any other detainee who—(1)is not a United States citizen or a member of the Armed Forces of the United States; and(2)was held on January 20, 2009, at United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.(b)Repeal of superseded prohibitionSection 1034 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 851), as amended by section 1033 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291), is repealed.4.Prohibition on use of funds for transfer or release abroad of individuals detained at United States
			 Naval
			 Station, Guantanamo Bay, Cuba, determined or assessed to be high-risk or
			 medium-risk
 threats(a)Prohibition(1)In generalNotwithstanding any other provision of law, no amounts appropriated or otherwise available for any department or agency of the United States Government may be used, during the period beginning on the date of the enactment of this Act and ending on the date that is two years after the date of the enactment of this Act, to transfer, release, or assist in the transfer or release of any individual described in paragraph (2) to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity.(2)Covered individualsAn individual described in this paragraph is any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, who is currently or ever has been determined or assessed by Joint Task Force Guantanamo to be a high-risk or medium-risk threat to the United States, its interests, or its allies.(b)ExceptionSubsection (a) shall not apply to any action taken by the head of a department or agency of the United States Government to transfer, release, or assist in the transfer or release of any individual described in that subsection to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify the appropriate committees of Congress promptly after issuance).(c)Appropriate committees of Congress definedIn this section, the term appropriate committees of Congress means—(1)the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and(2)the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.5.Prohibition on use of funds for transfer or release to Yemen of individuals detained at United
			 States Naval
			 Station,
 Guantanamo Bay, CubaNotwithstanding any other provision of law, no amounts appropriated or otherwise available for any department or agency of the United States Government may be used, during the period beginning on the date of the enactment of this Act and ending on the date that is two years after the date of the enactment of this Act, to transfer, release, or assist in the transfer or release of any individual detained in the custody or under the control of the Department of Defense at United States Naval Station, Guantanamo Bay, Cuba, to the custody or control of the Republic of Yemen or any entity within Yemen.6.Reenactment and modification of certain prior requirements for certifications relating to transfer
			 of detainees at United
			 States
			 Naval Station, Guantanamo Bay, Cuba, to foreign countries and other
 foreign entities(a)Certification required prior to transfer(1)In generalExcept as provided in paragraph (3) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity unless the Secretary submits to the appropriate committees of Congress the certification described in subsection (b) not later than 30 days before the transfer of the individual.(2)Scope of requirementThe requirement in paragraph (1) applies to any authorized transfer or release of an individual described in that paragraph after the date of the enactment of this Act, including a transfer or release of such an individual who is also described in paragraph (2) of section 4(a) after the prohibition in section 4(a) ceases to be in effect.(3)ExceptionParagraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify the appropriate committees of Congress of promptly after issuance).(b)CertificationA certification described in this subsection is a written certification made by the Secretary of Defense, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, that—(1)the government of the foreign country or the recognized leadership of the foreign entity to which the individual detained at Guantanamo is to be transferred—(A)is not a designated state sponsor of terrorism or a designated foreign terrorist organization;(B)maintains control over each detention facility in which the individual is to be detained if the individual is to be housed in a detention facility;(C)is not, as of the date of the certification, facing a threat that is likely to substantially affect its ability to exercise control over the individual;(D)has taken or agreed to take effective actions to ensure that the individual cannot take action to threaten the United States, its citizens, or its allies in the future;(E)has taken or agreed to take such actions as the Secretary of Defense determines are necessary to ensure that the individual cannot engage or reengage in any terrorist activity; and(F)has agreed to share with the United States any information that—(i)is related to the individual or any associates of the individual; and(ii)could affect the security of the United States, its citizens, or its allies; and(2)includes an assessment, in classified or unclassified form, of the capacity, willingness, and past practices (if applicable) of the foreign country or entity in relation to the Secretary's certifications.(c)Prohibition in cases of prior confirmed recidivism(1)ProhibitionExcept as provided in paragraph (2) and subsection (d), the Secretary of Defense may not use any amounts authorized to be appropriated or otherwise made available to the Department of Defense to transfer any individual detained at Guantanamo to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity if there is a confirmed case of any individual who was detained at United States Naval Station, Guantanamo Bay, Cuba, at any time after September 11, 2001, who was transferred to such foreign country or entity and subsequently engaged in any terrorist activity.(2)ExceptionSubject to subsection (e), paragraph (1) shall not apply to any action taken by the Secretary to transfer any individual detained at Guantanamo to effectuate an order affecting the disposition of the individual that is issued by a court or competent tribunal of the United States having lawful jurisdiction (which the Secretary shall notify the appropriate committees of Congress of promptly after issuance).(d)National security waiver(1)In generalSubject to subsection (e), the Secretary of Defense may waive the applicability to a detainee transfer of a certification requirement specified in subparagraph (D) or (E) of subsection (b)(1) or the prohibition in subsection (c), if the Secretary certifies the rest of the criteria required by subsection (b) for transfers prohibited by subsection (c) and, with the concurrence of the Secretary of State and in consultation with the Director of National Intelligence, determines that—(A)alternative actions will be taken to address the underlying purpose of the requirement or requirements to be waived;(B)in the case of a waiver of subparagraph (D) or (E) of subsection (b)(1), it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated, but the actions to be taken under subparagraph (A) will substantially mitigate such risks with regard to the individual to be transferred;(C)in the case of a waiver of subsection (c), the Secretary has considered any confirmed case in which an individual who was transferred to the country subsequently engaged in terrorist activity, and the actions to be taken under subparagraph (A) will substantially mitigate the risk of recidivism with regard to the individual to be transferred; and(D)the transfer is in the national security interests of the United States.(2)ReportsWhenever the Secretary makes a determination under paragraph (1), the Secretary shall submit to the appropriate committees of Congress, not later than 30 days before the transfer of the individual concerned, the following:(A)A copy of the determination and the waiver concerned.(B)A statement of the basis for the determination, including—(i)an explanation why the transfer is in the national security interests of the United States;(ii)in the case of a waiver of paragraph (D) or (E) of subsection (b)(1), an explanation why it is not possible to certify that the risks addressed in the paragraph to be waived have been completely eliminated; and(iii)a classified summary of—(I)the individual's record of cooperation while in the custody of or under the effective control of the Department of Defense; and(II)the agreements and mechanisms in place to provide for continuing cooperation.(C)A summary of the alternative actions to be taken to address the underlying purpose of, and to mitigate the risks addressed in, the paragraph or subsection to be waived.(D)The assessment required by subsection (b)(2).(e)Coordination with prohibition on transfer to YemenWhile the prohibition in section 5 is in effect, the exception in subsection (c)(2) and the waiver authority in subsection (d) shall not apply to authorize the transfer of an individual detained at Guantanamo to Yemen.(f)Record of cooperationIn assessing the risk that an individual detained at Guantanamo will engage in terrorist activity or other actions that could affect the security of the United States if released for the purpose of making a certification under subsection (b) or a waiver under subsection (d), the Secretary of Defense may give favorable consideration to any such individual—(1)who has substantially cooperated with United States intelligence and law enforcement authorities, pursuant to a pre-trial agreement, while in the custody of or under the effective control of the Department of Defense; and(2)for whom agreements and effective mechanisms are in place, to the extent relevant and necessary, to provide for continued cooperation with United States intelligence and law enforcement authorities.(g)DefinitionsIn this section:(1)The term appropriate committees of Congress means—(A)the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and(B)the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.(2)The term individual detained at Guantanamo means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who—(A)is not a citizen of the United States or a member of the Armed Forces of the United States; and(B)is—(i)in the custody or under the control of the Department of Defense; or(ii)otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.(3)The term foreign terrorist organization means any organization so designated by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189).(h)Repeal of superseded requirements and limitationsSection 1035 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 127 Stat. 851; 10 U.S.C. 801 note) is repealed.7.Report on current detainees at United States Naval Station, Guantanamo Bay, Cuba, determined or
			 assessed to be
 high-risk or medium risk(a)Report requiredNot later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report, in unclassified form, setting forth a list of the individuals detained at Guantanamo as of the date of the enactment of this Act who have been determined or assessed by Joint Task Force Guantanamo, at any time before the date of the report, to be a high-risk or medium-risk threat to the United States, its interests, or its allies.(b)ElementsThe report under subsection (a) shall set forth, for each individual covered by the report, the following:(1)The name and country of origin.(2)The date on which first designated or assessed as a high-risk or medium-risk threat to the United States, its interests, or its allies.(3)Whether, as of the date of the report, currently designated or assessed as a high-risk or medium-risk threat to the United States, its interests, or its allies.(4)If the designation or assessment changed between the date specified pursuant to paragraph (2) and the date of the report, the year and month in which the designation or assessment changed and the designation or assessment to which changed.(5)To the extent practicable, without jeopardizing intelligence sources and methods—(A)prior actions in support of terrorism, hostile actions against the United States or its allies, gross violations of human rights, and other violations of international law; and(B)any affiliations with al Qaeda, al Qaeda affiliates, or other terrorist groups.(c)DefinitionsIn this section:(1)The term appropriate committees of Congress means—(A)the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and(B)the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.(2)The term individual detained at Guantanamo means any individual located at United States Naval Station, Guantanamo Bay, Cuba, as of October 1, 2009, who—(A)is not a citizen of the United States or a member of the Armed Forces of the United States; and(B)is—(i)in the custody or under the control of the Department of Defense; or(ii)otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.


109 HR 6146 IH: To revise the boundaries of John H. Chafee Coastal

U.S. House of Representatives
2006-09-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 6146
		IN THE HOUSE OF REPRESENTATIVES

			September 21, 2006
			Mr. Feeney introduced
			 the following bill; which was referred to the
			 Committee on
			 Resources

		A BILL
		To revise the boundaries of John H. Chafee Coastal
		  Barrier Resources System Ponce Inlet Unit P08.

		1.Replacement of certain John
			 H. Chafee Coastal Barrier Resources System map
			(a)In
			 generalThe map subtitled P08, relating to the
			 John H. Chafee Coastal Barrier Resources System unit designated as Coastal
			 Barrier Resources System Ponce Inlet Unit P08, that is included in the set of
			 maps entitled John H. Chafee Coastal Barrier Resources System
			 and referred to in section 4(a) of the Coastal Barrier Resources Act (16 U.S.C.
			 3503(a)), is hereby replaced by another map relating to the unit entitled
			 John H. Chafee Coastal Barrier Resources System Ponce Inlet Unit
			 P08 and dated _____.
			(b)AvailabilityThe
			 Secretary of the Interior shall keep the replacement map referred to in
			 subsection (a) on file and available for inspection in accordance with the
			 provisions of section 4(b) of the Coastal Barrier Resources Act (16 U.S.C.
			 3503(b)).


114 HR 2655 IH: Open Our Democracy Act of 2015
U.S. House of Representatives
2015-06-04
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. 2655
		IN THE HOUSE OF REPRESENTATIVES

			June 4, 2015
			Mr. Delaney (for himself, Mr. Polis, and Mr. Peters) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Oversight and Government Reform, the Judiciary, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To require all candidates for election for the office of Senator or Member of the House of
			 Representatives to run in an open primary regardless of political party
			 preference or lack thereof, to limit the ensuing general election for such
			 office to the two candidates receiving the greatest number of votes in
			 such open primary, and for other purposes.

 1.Short titleThis Act may be cited as the Open Our Democracy Act of 2015. 2.Election of Members of Congress Through Open Primaries (a)Rules for Election of MembersA candidate for election for the office of Senator or Member of the House of Representatives shall be elected to such office pursuant to the following elections held by the State in which the candidate seeks election:
 (1)An open primary election for such office held in accordance with subsection (b). (2)A general election for such office held in accordance with subsection (c).
 (b)Open PrimariesEach State shall hold an open primary election for each office of Senator or Member of the House of Representatives in the State under which—
 (1)each candidate for such office, regardless of the candidate’s political party preference or lack thereof, shall appear on a single ballot; and
 (2)each voter in the State who is eligible to vote in elections for Federal office in the State (in the case of an election for the office of Senator) or in the Congressional district involved (in the case of an election for the office of Member of the House of Representatives) may cast a ballot in the election, regardless of the voter’s political party preference or lack thereof.
 (c)General ElectionEach State shall hold a general election for each office of Senator or Member of the House of Representatives in the State under which the 2 candidates receiving the greatest number of votes in the open primary election for such office (as described in subsection (b)), without regard to the political party preference or lack thereof of such candidates, shall be the only candidates appearing on the ballot.
			3.Ability of candidates to disclose political party preferences
 (a)Option of Candidates To Declare Political Party PreferenceAt the time a candidate for the office of Senator or Member of the House of Representatives files to run for such office, the candidate shall have the option of declaring a political party preference, and the preference chosen (if any) shall accompany the candidate’s name on the ballot for the election for such office.
 (b)Designation for Candidates Not Declaring PreferenceIf a candidate does not declare a political party preference under subsection (a), the designation No Party Preference shall accompany the candidate’s name on the ballot for the election for such office. (c)No Party Endorsement ImpliedThe selection of a party preference by a candidate under subsection (a) shall not constitute or imply endorsement of the candidate by the party designated, and no candidate in a general election shall be deemed the official candidate of any party by virtue of his or her selection in the primary.
 4.Protection of Rights of Political PartiesNothing in this Act shall restrict the right of individuals to join or organize into political parties or in any way restrict the right of private association of political parties. Nothing in this Act shall restrict a party’s right to contribute to, endorse, or otherwise support a candidate for the office of Senator or Member of the House of Representatives. Nothing in this Act may be construed to prevent a political party from establishing such procedures as it sees fit to endorse or support candidates or otherwise participate in all elections, or from informally designating candidates for election to such an office at a party convention or by whatever lawful mechanism the party may choose, other than pursuant to a primary election held by a State. Nothing in this Act may be construed to prevent a political party from adopting such rules as it sees fit for the selection of party officials (including central committee members, presidential electors, and party officers), including rules restricting participation in elections for party officials to those who disclose a preference for that party at the time of registering to vote.
		5.Treatment of Election Day in same manner as legal public holiday for purposes of Federal employment
 (a)In GeneralFor purposes of any law relating to Federal employment, the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter shall be treated in the same manner as a legal public holiday described in section 6103 of title 5, United States Code.
 (b)Sense of Congress regarding treatment of day by private employersIt is the sense of Congress that private employers in the United States should give their employees a day off on the Tuesday next after the first Monday in November in 2016 and each even-numbered year thereafter to enable the employees to cast votes in the elections held on that day.
 (c)No Effect on Early or Absentee VotingNothing in this section shall be construed to affect the authority of States to permit individuals to cast ballots in elections for Federal office prior to the date of the election (including the casting of ballots by mail) or to cast absentee ballots in the election.
			6.Study of State Congressional redistricting processes; recommendations for establishment of
			 independent redistricting commissions by States
 (a)StudyThe Comptroller General shall conduct a study of the procedures used by States to conduct Congressional redistricting, and shall include in the study the following:
 (1)An analysis of the impact that different procedures for redistricting have had on the ability of minority voters to participate in the political process and to elect representatives of their choice.
 (2)An analysis of the impact that different procedures for redistricting have had on the ability of local communities, represented within the political boundaries of counties, cities, towns, and wards, to participate in the political process and to elect representatives of their choice.
 (3)An analysis of the benefits of requiring each State to conduct Congressional redistricting through the use of an independent redistricting commission and the best practices for the administration of independent redistricting commissions.
				(b)Report to Congress
 (1)ReportNot later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under subsection (a), and shall include in the report recommendations for proposed legislation or other measures to require States to conduct Congressional redistricting through independent commissions, on the basis of national standards enacted by Congress.
 (2)Legislation to carry out recommendationsFor recommendations for proposed legislation in the report submitted under paragraph (1), the Comptroller General shall include the text of such proposed legislation in the report.
				(c)Congressional Consideration of Legislation Included in Report
 (1)Legislation describedA bill described in this paragraph is a bill meeting the following requirements: (A)The bill is introduced not later than 90 days after the date on which the Comptroller General submits the report to Congress under subsection (b).
 (B)The text of the bill consists of the text of the proposed legislation included in the report submitted by the Comptroller General under subsection (b).
 (C)The title of the bill is as follows: A bill to implement the recommendations of the Comptroller General to require States to conduct Congressional redistricting through independent commissions, as submitted to Congress under section 6(b) of the Open Our Democracy Act of 2015..
 (2)ReferralA bill described in paragraph (1) that is introduced in the House of Representatives shall be referred to the Committee on the Judiciary of the House of Representatives. A bill described in paragraph (1) introduced in the Senate shall be referred to the Committee on the Judiciary of the Senate.
 (3)DischargeIf the committee to which a bill described in paragraph (1) is referred has not reported such bill (or an identical bill) by the end of the 60-day period beginning on the date on which the bill is introduced, such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved.
				(4)Consideration
 (A)On or after the third day after the date on which the committee to which such a bill is referred has reported or has been discharged (under paragraph (3)) from further consideration of such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. All points of order against the bill (and against consideration of the bill) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the bill is agreed to, the respective House shall immediately proceed to consideration of the joint bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of.
 (B)Debate on the bill, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the bill. An amendment to the bill is not in order, except that a single amendment which is entirely clerical in nature may be offered by a Member favoring the bill. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order.
 (C)Immediately following the conclusion of the debate on a bill described in paragraph (1) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur.
 (D)Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a bill described in paragraph (1) shall be decided without debate.
					(5)Consideration by other House
 (A)If, before the passage by one House of a bill of that House described in paragraph (1), that House receives from the other House a bill described in paragraph (1), then the following procedures shall apply:
 (i)The bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in clause (ii)(II).
 (ii)With respect to a bill described in paragraph (1) of the House receiving the bill— (I)the procedure in that House shall be the same as if no bill had been received from the other House; but
 (II)the vote on final passage shall be on the bill of the other House. (B)Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House.
 (6)Exercise of rulemaking authorityThis subsection is enacted by Congress— (A)as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in paragraph (1), and it supersedes other rules only to the extent that it is inconsistent with such rules; and
 (B)with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
 7.Member of the House definedIn this Act, the term Member of the House of Representatives included a Delegate or Resident Commissioner to the Congress. 8.Effective dateExcept as provided in sections 5(a) and 6, this Act shall apply with respect to elections occurring during 2016 or any succeeding year.


113 HR 2670 IH: Openness in Political Expenditures Now Act
U.S. House of Representatives
2013-07-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2670
		IN THE HOUSE OF REPRESENTATIVES

			July 11, 2013
			Mr. Cartwright (for
			 himself, Mr. Grayson,
			 Mr. Brady of Pennsylvania,
			 Mr. Fattah,
			 Mr. Sires,
			 Mr. Enyart,
			 Mr. Yarmuth,
			 Mr. O’Rourke,
			 Ms. Loretta Sanchez of California,
			 Mr. Andrews,
			 Mr. Clyburn,
			 Mr. Vargas,
			 Mr. Ellison,
			 Mr. DeFazio,
			 Mr. Cohen,
			 Mr. Cicilline,
			 Mr. Engel,
			 Mr. Grijalva,
			 Mr. Tonko,
			 Mr. Gene Green of Texas, and
			 Ms. Linda T. Sánchez of California)
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 House Administration, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend the Federal Election Campaign Act of 1971 to
		  require corporations and labor organizations to disclose to their shareholders
		  or members the amounts disbursed for certain political activity, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Openness in Political Expenditures Now
			 Act or the OPEN
			 Act.
		2.Disclosure by
			 corporations and labor organizations to shareholders and members of
			 disbursements for political activity
			(a)Disclosure
			 requiredTitle III of the
			 Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by
			 adding at the end the following new section:

					325.Disclosures by
				Corporations and Labor Organizations to Shareholders and Members of Information
				on Disbursements for Certain Political Activity
						(a)Including
				information in regular periodic reports
							(1)In
				generalA corporation which
				submits regular, periodic reports to its shareholders and a labor organization
				which submits regular, periodic reports to its members shall include in each
				such report, in a clear and conspicuous manner, the information described in
				paragraph (2) with respect to the disbursements made by the corporation or
				labor organization for covered political activity during the period covered by
				the report, but only if the amount of the disbursement made for such activity
				during the period covered by the report equals or exceeds the applicable
				threshold for the activity described in paragraph (3).
							(2)Information
				describedThe information described in this paragraph is, for
				each disbursement for covered political activity—
								(A)the date of the
				disbursement;
								(B)the amount of the
				disbursement;
								(C)in the case of a disbursement consisting of
				an independent expenditure or an electioneering communication, or in the case
				of a covered political activity described in subsection (c)(3), the name of the
				candidate identified in the independent expenditure or electioneering
				communication involved, the Commission ID assigned to the candidate, and the
				office sought by the candidate; and
								(D)in the case of a
				covered political activity described in subsection (c)(4), the identification
				of the association or organization to whom the disbursement was made, and the
				Commission ID (if any) assigned to the association or organization.
								(3)Applicable
				threshold for disclosureFor purposes of paragraph (1), the
				applicable threshold with respect to a disbursement for covered
				political activity during a period covered by a report is as follows:
								(A)In the case of covered political activity
				consisting of an independent expenditure, $250.
								(B)In the case of
				covered political activity consisting of an electioneering communication or a
				communication described in subsection (c)(3), $10,000.
								(C)In the case of
				covered political activity consisting of a payment described in subsection
				(c)(4), the amount of the limitation on contributions which is in effect under
				section 315(a)(1)(C) as of the last day of the period.
								(b)Submission of
				Statement to Commission
							(1)Submission of
				statementIf a corporation or labor organization includes
				information in a report pursuant to this section, at the time the corporation
				or labor organization submits the report to its shareholders or members, the
				corporation or labor organization shall file a statement with the Commission
				consisting of the information included in the report pursuant to this
				section.
							(2)Hyperlink to
				information
								(A)Requiring
				posting of hyperlinkIf a
				corporation or labor organization maintains an Internet site, the corporation
				or labor organization shall post on such Internet site a hyperlink from its
				homepage to the location on the Internet site of the Commission which contains
				the statement filed by the corporation or labor organization under paragraph
				(1).
								(B)Deadline;
				duration of postingThe corporation or labor organization shall
				post the hyperlink described in subparagraph (A) not later than 24 hours after
				the Commission posts the statement filed by the corporation or labor
				organization under paragraph (1) on the Internet site of the Commission, and
				shall ensure that the hyperlink remains on the Internet site of the corporation
				or labor organization until the expiration of the 1-year period which begins on
				the date of the election with respect to which the disbursements included in
				the statement are made.
								(c)Covered
				Political Activity DefinedIn this section, the term
				covered political activity means each of the following:
							(1)An independent
				expenditure (as defined in section 301(17)).
							(2)An electioneering
				communication (as defined in section 304(f)(3)).
							(3)A communication
				which would be treated as an electioneering communication under section
				304(f)(3) if the communication had been a broadcast, cable, or satellite
				communication.
							(4)The payment of
				dues or other amounts to a trade association or to a section 501(c)(4)
				organization.
							(d)Other
				DefinitionsIn this section, the following definitions
				apply:
							(1)The term corporation means any
				corporation which is subject to section 316(a).
							(2)The term
				labor organization has the meaning given such term in section
				316.
							(3)The term section 501(c)(4)
				organization means any organization described in paragraph (4) of
				section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under
				section 501(a) of such
				Code.
							.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply with
			 respect to reports described in section 325(a)(1) of the Federal Election
			 Campaign Act of 1971 (as added by subsection (a)) which are filed after the
			 expiration of the 90-day period which begins on the date of the enactment of
			 this Act.
			3.Limitation on engaging
			 in covered political activities by social welfare organizations
			(a)In
			 generalSection 501(c)(4) of
			 the Internal Revenue Code of 1986 is amended by adding at the end the
			 following:

					(C)(i)Subparagraph (A) shall
				not apply to an entity for a taxable year if the total expenditures of such
				entity for the taxable year for covered political activity exceed the lesser
				of—
							(I)10
				percent of the total expenditures of such entity for the taxable year,
				or
							(II)$10,000,000.
							(ii)Subparagraph (A) shall not apply to an
				entity for a taxable year unless its governing instrument includes provisions
				the effects of which are to prohibit the expenditures of the entity for a
				covered political activity from exceeding the threshold specified in clause
				(i).
						(iii)For purposes of this subparagraph, the term
				covered political activity means—
							(I)any activity described in paragraphs (1)
				through (3) of section 325(c) of the Federal Election Campaign Act of 1971;
				and
							(II)any
				payment by the entity to any other entity described in this paragraph or to an
				organization described in paragraph (6) which the payor entity knows, or has
				reason to know, will be used directly or indirectly by the payee entity or
				organization for any activity referred to in subclause (I).
							(iv)Clause (i) shall not apply for a taxable
				year for which the 10 percent threshold specified in clause (i)(I) is exceeded
				by not more than a de minimis amount if the Secretary determines that the
				reason for exceeding the threshold was not willful and is due to reasonable
				cause.
						(v)The Secretary shall prescribe such
				regulations as may be necessary or appropriate to prevent the avoidance of
				clause (i), including regulations relating to a direct or indirect transfer of
				all or part of the assets of an entity to an entity controlled (directly or
				indirectly) by the same person or persons who control the transferor
				entity.
						.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to taxable
			 years beginning after the date of the enactment of this Act.
			4.SeverabilityIf any provision of this Act or amendment
			 made by this Act, or the application of a provision or amendment to any person
			 or circumstance, is held to be unconstitutional, the remainder of this Act and
			 amendments made by this Act, and the application of the provisions and
			 amendment to any person or circumstance, shall not be affected by the
			 holding.


		III
		111th CONGRESS
		2d Session
		S. RES. 690
		IN THE SENATE OF THE UNITED STATES

			November 30, 2010
			Mrs. McCaskill (for
			 herself and Mr. Bond) submitted the
			 following resolution; which was considered and agreed to

		RESOLUTION
		Commemorating the 175th anniversary of the
		  birth of Mark Twain.

		Whereas Mark Twain was born with the name Samuel Langhorne
			 Clemens on November 30, 1835, in Florida, Missouri, the 6th child of John
			 Marshall and Jane Lampton Clemens;
		Whereas in 1839, the Clemens family moved to Hannibal,
			 Missouri, the inspiration for the fictional town of St. Petersburg depicted in
			 the novels The Adventures of Tom Sawyer and Adventures of
			 Huckleberry Finn, where the Clemens family lived until 1853, including
			 several years of residence at 206 Hill Street, known as the boyhood home of
			 Mark Twain;
		Whereas in 1848, Samuel Clemens left school to become a
			 printer’s apprentice at the Missouri Courier newspaper, his first in a series
			 of occupations that include, most notably, author, but also, printer,
			 typesetter, steamboat pilot, journalist, lecturer, publisher, editor,
			 prospector, and political activist;
		Whereas while working at the Virginia City newspaper, the
			 Territorial Enterprise, Clemens first used the pen name “Mark Twain” in
			 1863;
		Whereas with the publication of the short story “Jim
			 Smiley and His Jumping Frog” in The Saturday Press in 1865, Mark Twain
			 experienced his first significant success as an author;
		Whereas in 1869, Twain's first book, The Innocents
			 Abroad, was published, detailing Twain's adventures through Europe and
			 the Middle East;
		Whereas Samuel Clemens, known for the love and affection
			 he demonstrated for his wife and family and to whom the quote, “What is a home
			 without a child?”, is attributed, in 1870 married Olivia Langdon, with whom he
			 had 4 children, Langdon, Olivia Susan, Clara Langdon, and Jane Lampton;
		Whereas the book Roughing It, part
			 autobiography and part tall tale, chronicling Twain's adventures in the early
			 American West and critiquing society's treatment of Chinese Americans, was
			 published in 1872;
		Whereas The Gilded Age: A Tale of Today, a
			 novel Twain wrote in collaboration with Charles Dudley Warner satirizing
			 political corruption and greed in American life, was published in 1873;
		Whereas Twain's novel, The Adventures of Tom
			 Sawyer, through which he sought “to pleasantly remind adults of what
			 they once were themselves, and of how they felt and thought and talked, and
			 what queer enterprises they sometimes engaged in”, was published in
			 1876;
		Whereas in 1881, Twain addressed class issues and attacked
			 injustice and hypocrisy in English society with the publication of his novel,
			 The Prince and the Pauper;
		Whereas in 1883, Life on the Mississippi,
			 Twain’s book exploring the history and lore of the Mississippi River and
			 detailing his time spent as a Mississippi River steamboat pilot, was
			 published;
		Whereas Mark Twain's most famous work, Adventures
			 of Huckleberry Finn, which attacked the institution of slavery, the
			 failures of Reconstruction, and the continued mistreatment of African Americans
			 in American society, and which is considered a masterpiece of American fiction
			 and is widely known as one of the Great American Novels, was published in
			 1884;
		Whereas Twain's powerful social critique, A
			 Connecticut Yankee in King Arthur’s Court, was published in
			 1889;
		Whereas The Tragedy of Pudd’nhead Wilson,
			 Twain’s strongest critique of racism and the institution of slavery, was
			 published in 1894;
		Whereas on April 21, 1910, Samuel Clemens died at the age
			 of 74; and
		Whereas the 175th anniversary of the birth of Mark Twain
			 is an historic occasion: Now, therefore, be it

		That the Senate commemorates the
			 175th anniversary of the birth of Mark Twain on November 30, 2010, and his
			 enduring legacy as one of our Nation's greatest authors and humorists.


113 HR 1928 IH: Proprietary Institution of Higher Education Accountability Act
U.S. House of Representatives
2013-05-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1928
		IN THE HOUSE OF REPRESENTATIVES

			May 9, 2013
			Ms. DeLauro (for
			 herself, Mr. Grijalva,
			 Ms. Schwartz, and
			 Mr. Takano) introduced the following
			 bill; which was referred to the Committee
			 on Education and the Workforce

		A BILL
		To clarify the calculation of cohort default rates for
		  proprietary institutions of higher education under the Higher Education Act of
		  1965.

		1.Short titleThis Act may be cited as the
			 Proprietary Institution of Higher
			 Education Accountability Act .
		2.Clarification of
			 cohort default rateSection
			 435(m)(1) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)(1)) is
			 amended—
			(1)in subparagraph
			 (B), by inserting after the first sentence the following: In calculating
			 the cohort default rate for a proprietary institution of higher education, the
			 Secretary shall treat current and former students at the institution who have
			 been granted, on loans made under part D and received for attendance at the
			 institution, a forbearance or deferment described in subparagraph (D) for any
			 period exceeding 6-months after entering repayment on such loans and before the
			 end of the second fiscal year following the fiscal year in which such students
			 entered such repayment, as students who have defaulted on such loans before the
			 end of such second fiscal year.; and
			(2)by adding at the
			 end the following new subparagraph:

					(D)For purposes of subparagraph (B)—
						(i)the term
				forbearance means a forbearance granted for a reason described
				in subparagraph (A)(i)(II) or subparagraph (B) of section 428(c)(3); and
						(ii)the term
				deferment means a deferment granted for a reason described in
				subparagraph (B) or (D) of section
				455(f)(2).
						.


		I
		112th CONGRESS
		1st Session
		H. R. 2270
		IN THE HOUSE OF REPRESENTATIVES

			June 22, 2011
			Ms. Ros-Lehtinen
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend section 1605A of title 28, United States Code,
		  to provide that the statute of limitations must be raised as an affirmative
		  defense.

		1.Statute of limitations in
			 certain civil actionsSection
			 1605A(b) of title 28, United States Code, is amended by adding at the end the
			 following flush sentence:

				The
				limitations period provided in this subsection is an affirmative defense that
				is waived if it is not timely raised in a responsive
				pleading..
		2.Effective
			 dateThe amendment made by
			 section 1 applies to any case that is pending on, or is brought on or after,
			 the date of the enactment of this Act.


		IV
		111th CONGRESS
		1st Session
		H. RES. 992
		IN THE HOUSE OF REPRESENTATIVES

			December 16, 2009
			Mr. Poe of Texas (for
			 himself and Mr. Rohrabacher) submitted
			 the following resolution; which was referred to the
			 Committee on Foreign
			 Affairs

		RESOLUTION
		Expressing the sense of the House that the
		  Government of the Islamic Republic of Iran should halt the widespread and
		  brutal repression of the peaceful reformist protestors, opposition supporters,
		  human rights defenders, students, and journalists following the disputed
		  Iranian presidential election of June 12, 2009.

		Whereas the international community has witnessed through
			 thousands of mobile phone videos broadcast worldwide the widespread, unprovoked
			 violence and acts of murder perpetrated by Iranian authorities against unarmed,
			 peaceful protestors in response to the disputed June 12, 2009, presidential
			 election;
		Whereas according to Human Rights Watch reports, Iranian
			 authorities have blocked or interrupted Internet-based communications,
			 disrupted mobile phone and text messaging networks, and imposed severe
			 censorship on websites and the domestic press;
		Whereas article 3 of the Constitution of Iran obliges the
			 government to eliminate all forms of despotism and autocracy and all attempts
			 to monopolize power, to ensure political and social freedoms within the
			 framework of the law, secure the rights of all citizens, both women and men,
			 and provide legal protection for all, as well as the equality of all before the
			 law;
		Whereas article 20 of the Constitution of the Islamic
			 Republic of Iran protects the rights of all citizens of the country, both men
			 and women, to equal protection under the law and provides all human, political,
			 economic, social, and cultural rights;
		Whereas Iran, a signatory (April 1968) of the
			 International Covenant on Civil and Political Rights (ICCPR) which it ratified
			 in June 1975, is bound by international human rights law to recognize and
			 protect human rights, including peaceful assembly and freedom of
			 association;
		Whereas the Government of Iran, in violation of its own
			 constitution and the International Covenant on Civil and Political Rights, as
			 reported by Human Rights Watch, continues to employ violence repeatedly to
			 prevent its citizens from peacefully assembling and conducting demonstrations,
			 and continues to arrest and detain reformist politicians and clerics, students,
			 journalists, reformist party officials, and human rights activists;
		Whereas the Government of Iran still has taken no steps to
			 bring to justice the murderers of Neda Agha-Soltan and others who were shot
			 dead as a result of clashes between Iranian security forces and unarmed,
			 peaceful protestors;
		Whereas peaceful Iranian protestors, at great personal
			 risk, continue to call on the United States by name to support them;
		Whereas the United States has a longstanding commitment to
			 human rights and justice; and
		Whereas the people of the United States do not believe in
			 supporting repressive dictatorships: Now, therefore, be it

		That the House of
			 Representatives—
			(1)condemns in the strongest terms the gross
			 abuses of the rights of the citizens of Iran by the Government of Islamic
			 Republic of Iran and calls on the government immediately to honor its
			 obligations under its own constitution and International Human Rights
			 Laws;
			(2)supports without
			 reservation the rights of Iranian citizens to peacefully protest and petition
			 their government to address their legitimate grievances; and
			(3)urges the
			 Government of Iran to release immediately all those peaceful protestors and
			 opposition supporters it has detained, stop the harassment and violent acts
			 against these Iranian citizens committed by security forces and the Basij
			 militias, and bring to justice the government authorities responsible for
			 perpetrating the unlawful acts of violence.


		III
		112th CONGRESS
		1st Session
		S. RES. 253
		IN THE SENATE OF THE UNITED STATES

			August 2, 2011
			Mr. Hoeven submitted the
			 following resolution; which was referred to the
			 Committee on the
			 Judiciary

		RESOLUTION
		Designating October 26, 2011, as Day
		  of the Deployed.

		Whereas more than 2,250,000 people serve as members of the
			 United States Armed Forces;
		Whereas several hundred thousand members of the Armed
			 Forces rotate each year through deployments to 150 countries in every region of
			 the world;
		Whereas more than 2,200,000 members of the Armed Forces
			 have deployed to Afghanistan and Iraq since the September 11, 2001, terrorist
			 attacks;
		Whereas the United States is kept strong and free by the
			 loyal people who protect our precious heritage through their positive
			 declaration and actions;
		Whereas the deployed members of the Armed Forces serving
			 at home and abroad have courageously answered the call to duty to defend the
			 ideals of the United States and to preserve peace and freedom around the
			 world;
		Whereas members of the Armed Forces and veterans personify
			 the virtues of patriotism, service, duty, courage, and sacrifice;
		Whereas the families of members of the Armed Forces make
			 important and significant sacrifices for the United States;
		Whereas North Dakota began honoring the members of the
			 Armed Forces and their families by designating October 26 as Day of the
			 Deployed in 2006; and
		Whereas 40 States designated October 26, 2010, as
			 Day of the Deployed: Now, therefore, be it

		That the Senate—
			(1)honors the
			 members of the United States Armed Forces who are deployed at home and
			 abroad;
			(2)calls on the
			 people of the United States to reflect on the service of those members of the
			 United States Armed Forces, wherever they serve, both now and in the
			 future;
			(3)designates
			 October 26, 2011, as Day of the Deployed; and
			(4)encourages the
			 people of the United States to observe Day of the Deployed with
			 appropriate ceremonies and activities.


		I
		112th CONGRESS
		1st Session
		H. R. 3651
		IN THE HOUSE OF REPRESENTATIVES

			December 13, 2011
			Mr. Barrow introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To amend the Truth in Lending Act to exempt certain
		  creditors from the escrow account requirement for higher-priced mortgage loans,
		  and for other purposes.

		1.Exemption for certain
			 creditors
			(a)In
			 generalSection 129D of the
			 Truth in Lending Act, as added by section 1461 of the Dodd-Frank Wall Street
			 Reform and Consumer Protection Act, is amended by adding at the end the
			 following new subsection:

					(k)Exemption for
				certain creditorsA creditor
				with less than $1,000,000,000 in assets shall be exempt from—
						(1)the requirements
				of subsection (a) with respect to a consumer credit transaction secured by a
				first lien on the consumer’s principal dwelling with an annual percentage rate
				that exceeds the average prime offer rate for a comparable transaction as of
				the date the interest rate is set by 1.5 or more percentage points; and
						(2)any other
				provision of this Act, to the extent such provision requires the creditor to
				establish an escrow or impound account described under subsection (a) with
				respect to a consumer credit transaction described under paragraph
				(1).
						.
			(b)Effective
			 dateNotwithstanding the date on which the other provisions of
			 section 129D of the Truth in Lending Act take effect, section 129D(k) of the
			 Truth in Lending Act, as added by this Act, shall take effect on the date of
			 the enactment of this Act.


		IIB
		111th CONGRESS
		1st Session
		H. R. 2651
		IN THE SENATE OF THE UNITED
		  STATES

			October 15, 2009
			Received; read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		AN ACT
		To amend title 46, United States Code, to
		  direct the Secretary of Transportation to establish a maritime career training
		  loan program, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Maritime Workforce Development
			 Act.
		2.Maritime
			 education loan program
			(a)In
			 generalChapter 517 of title
			 46, United States Code, is amended by adding at the end the following:

					51705.Maritime
				career training loan program
						(a)EstablishmentThe Secretary of Transportation shall
				establish a maritime career training loan program (in this section referred to
				as the program) in accordance with the requirements of this
				section.
						(b)PurposeThe
				purpose of the program shall be to make maritime career training loans
				available to eligible students to provide for the training of United States
				mariners.
						(c)AdministrationThe program shall be carried out by the
				Secretary, acting through the Administrator of the Maritime
				Administration.
						(d)DutiesThe
				Secretary shall—
							(1)allocate, on an
				annual basis, the award of loans under the program based on the needs of
				students;
							(2)develop an application process and
				eligibility criteria for the award of loans under the program;
							(3)approve
				applications for loans under the program based on the eligibility criteria and
				allocations made under paragraph (1); and
							(4)designate maritime
				training institutions at which loans made under the program may be used.
							(e)Designation of
				maritime training institutions
							(1)In
				generalIn designating maritime training institutions under
				subsection (d)(4), the Secretary—
								(A)may include
				Federal, State, and commercial training institutions and nonprofit training
				organizations, except that undergraduate students at the United States Merchant
				Marine Academy shall not be eligible for loans under the program;
								(B)shall designate
				institutions based on geographic diversity and scope of classes offered;
								(C)shall ensure that
				designated institutions have the ability to administer the program; and
								(D)shall ensure that
				designated institutions meet requirements to provide training instruction for
				appropriate Coast Guard-approved training instruction.
								(2)ExclusionsThe
				Secretary—
								(A)may exclude from
				participation in the program a maritime training institution that has had
				severe performance deficiencies, including deficiencies demonstrated by audits
				or program reviews conducted during the 5 calendar years immediately preceding
				the present year;
								(B)shall exclude from
				participation in the program a maritime training institution that has
				delinquent or outstanding debts to the United States, unless such debts are
				being repaid under or in accordance with a repayment arrangement satisfactory
				to the United States, or the Secretary in the Secretary’s discretion determines
				that the existence or amount of any such debts has not been finally determined
				by the appropriate Federal agency;
								(C)may exclude from
				participation in the program a maritime training institution that has failed to
				comply with quality standards established by the Department of Labor, the Coast
				Guard, or a State; and
								(D)may establish such
				other criteria as the Secretary determines will protect the financial interest
				of the United States and promote the purposes of this section.
								(f)State maritime
				academies
							(1)Use of funds for
				loans to students attending State maritime academiesThe
				Secretary may obligate not more than 50 percent of the amounts appropriated to
				carry out this section for a fiscal year for loans to undergraduate students
				attending State maritime academies receiving assistance under chapter 515 of
				this title.
							(2)Academic
				standards for studentsStudents at State maritime academies
				receiving loans under the program shall maintain satisfactory progress toward
				the completion of their course of study as evidenced by the maintenance of a
				cumulative C average, or its equivalent, or academic standing consistent with
				the requirements for graduation, as determined by the institution.
							(g)Loan amounts and
				use
							(1)Maximum
				amountsThe Secretary may not make loans to a student under the
				program in an amount that exceeds $15,000 in a calendar year or $60,000 in the
				aggregate.
							(2)Use of loan
				proceedsA student who receives a loan under the program may use
				the proceeds of the loan only for postsecondary expenses incurred at an
				institution designated by the Secretary under subsection (d)(4) for books,
				tuition, required fees, travel to and from training facilities, and room and
				board.
							(h)Student
				eligibilityTo be eligible to receive a loan under the program, a
				student shall—
							(1)be eligible to
				hold a license or merchant mariner document issued by the Coast Guard;
							(2)provide to the
				Secretary such information as the Secretary may require, including all current
				Coast Guard documents, certifications, proof of United States citizenship or
				permanent legal status, and a statement of intent to enter a maritime
				career;
							(3)meet the
				enrollment requirements of a maritime training institution designated by the
				Secretary under subsection (d)(4); and
							(4)sign an agreement
				to—
								(A)complete a course
				of instruction at such a maritime training institution; and
								(B)maintain a license or document and work
				under the authority of the license or document and any associated endorsements
				for at least 18 months following the date of graduation from the maritime
				program for which the loan proceeds will be used.
								(i)Administration
				of loans
							(1)Contents of loan
				agreementsAny agreement
				between the Secretary and a student borrower for a loan under the program
				shall—
								(A)be evidenced by a
				note or other written instrument that provides for the repayment of the
				principal amount of the loan and any origination fee, together with interest
				thereon, in equal installments (or, if the student borrower so requests, in
				graduated periodic installments determined in accordance with such schedules as
				may be approved by the Secretary) payable quarterly, bimonthly, or monthly, at
				the option of the student borrower, over a period beginning 9 months from the
				date on which the student borrower completes study or discontinues attendance
				at the maritime program for which the loans are used at the institution
				approved by the Secretary and not exceeding 10 years;
								(B)include provision
				for acceleration of repayment of the whole, or any part, of such loan, at the
				option of the student borrower;
								(C)provide the loan
				without security and without endorsement;
								(D)provide that the
				liability to repay the loan shall be canceled upon the death of the student
				borrower, or if the student borrower becomes permanently and totally disabled,
				as determined in accordance with regulations to be issued by the
				Secretary;
								(E)contain a notice
				of the system of disclosure of information concerning default on such loan to
				credit bureau organizations; and
								(F)include provisions
				for deferral of repayment, as determined by the Secretary.
								(2)Rate of
				interestA student borrower who receives a loan under the program
				on or after January 1, 2010, and before October 1, 2015, shall be obligated to
				repay the loan amount to the Secretary, together with interest beginning in the
				period referred to in paragraph (1)(A), at a rate to be determined as
				follows:
								(A)For a loan for
				which the first disbursement is made on or after January 1, 2010, and before
				October 1, 2011, 5.6 percent on the unpaid principal balance of the
				loan.
								(B)For a loan for
				which the first disbursement is made on or after October 1, 2011, and before
				October 1, 2012, 4.5 percent on the unpaid principal balance of the
				loan.
								(C)For a loan for
				which the first disbursement is made on or after October 1, 2012, 3.4 percent
				on the unpaid principal balance of the loan.
								(3)Disclosure
				required prior to disbursement
								(A)In
				generalThe Secretary shall at or prior to the time the Secretary
				makes a loan to a student borrower under the program, provide thorough and
				adequate loan information on such loan to the student borrower. The disclosures
				required by this paragraph may be made as part of the written application
				material provided to the student borrower, as part of the promissory note
				evidencing the loan, or on a separate written form provided to the student
				borrower.
								(B)ContentsThe
				disclosures shall include—
									(i)the address to
				which communications and payments should be sent;
									(ii)the principal
				amount of the loan;
									(iii)the amount of
				any charges collected at or prior to the disbursal of the loan and whether such
				charges are to be deducted from the proceeds of the loan or paid separately by
				the student borrower;
									(iv)the stated
				interest rate on the loan;
									(v)the yearly and
				cumulative maximum amounts that may be borrowed;
									(vi)an explanation of
				when repayment of the loan will be required and when the student borrower will
				be obligated to pay interest that accrues on the loan;
									(vii)a statement as
				to the minimum and maximum repayment term that the Secretary may impose, and
				the minimum monthly payment required by law and a description of any penalty
				imposed as a consequence of default, such as liability for expenses reasonably
				incurred in attempts by the Secretary to collect on a loan;
									(viii)a statement of
				the total cumulative balance, including the loan applied for, owed by the
				student borrower to the Secretary, and an estimate of the projected monthly
				payment, given such cumulative balance;
									(ix)an explanation of
				any special options the student borrower may have for loan consolidation or
				other refinancing of the loan;
									(x)a
				statement that the student borrower has the right to prepay all or part of the
				loan, at any time, without penalty;
									(xi)a
				statement summarizing circumstances in which repayment of the loan or interest
				that accrues on the loan may be deferred, and a brief notice of the program for
				repayment of loans, on the basis of military service, pursuant to the
				Department of Defense educational loan repayment program (10 U.S.C.
				16302);
									(xii)a definition of
				default and the consequences to the student borrower if the student borrower
				defaults, together with a statement that the disbursement of, and the default
				on, a loan under this part shall be reported to a credit bureau or credit
				reporting agency;
									(xiii)to the extent
				practicable, the effect of accepting the loan on the eligibility of the student
				borrower for other forms of student assistance; and
									(xiv)an explanation
				of any cost the student borrower may incur in the making or collection of the
				loan.
									(C)Information to
				be provided without costThe information provided under this
				paragraph shall be available to the Secretary without cost to the student
				borrower.
								(4)Repayment after
				defaultThe Secretary may require any student borrower who has
				defaulted on a loan made under the program to—
								(A)pay all reasonable
				collection costs associated with such loan; and
								(B)repay the loan
				pursuant to an income contingent repayment plan.
								(5)Authorization to
				reduce rates and feesNotwithstanding any other provision of this
				section, the Secretary may prescribe by regulation any reductions in the
				interest rate or origination fee paid by a student borrower of a loan made
				under the program as the Secretary determines appropriate to encourage ontime
				repayment of the loan. Such reductions may be offered only if the Secretary
				determines the reductions are cost neutral and in the best financial interest
				of the United States.
							(6)Collection of
				repaymentsThe Secretary shall collect repayments made under the
				program and exercise due diligence in such collection, including maintenance of
				all necessary records to ensure that maximum repayments are made. Collection
				and servicing of repayments under the program shall be pursued to the full
				extent of the law, including wage garnishment if necessary. The Secretary of
				the Department in which the Coast Guard is operating shall provide the
				Secretary of Transportation with any information regarding a mariner that may
				aid in the collection of repayments under this section.
							(7)Repayment
				scheduleA student borrower
				who receives a loan under the program shall repay the loan quarterly,
				bimonthly, or monthly, at the option of the student borrower, over a period
				beginning 9 months from the date the student borrower completes study or
				discontinues attendance at the maritime program for which the loan proceeds are
				used and ending not more than 10 years after the date repayment begins.
				Provisions for deferral of repayment shall be determined by the
				Secretary.
							(8)Contracts for
				servicing and collection of loansThe Secretary may—
								(A)enter into a
				contract or other arrangement with State or nonprofit agencies and, on a
				competitive basis, with collection agencies for servicing and collection of
				loans under this section; and
								(B)conduct litigation
				necessary to carry out this section.
								(j)Revolving loan
				fund
							(1)EstablishmentThe
				Secretary shall establish a revolving loan fund consisting of amounts deposited
				in the fund under paragraph (2).
							(2)DepositsThe
				Secretary shall deposit in the fund—
								(A)receipts from the
				payment of principal and interest on loans made under the program; and
								(B)any other monies paid to the Secretary by
				or on behalf of individuals under the program.
								(3)Availability of
				amountsAmounts in the fund shall be available to the Secretary,
				without further appropriation—
								(A)to cover the
				administrative costs of the program, including the maintenance of records and
				making collections under this section; and
								(B)to the extent that
				amounts remain available after paying such administrative costs, to make loans
				under the program.
								(4)Maintenance of
				recordsThe Secretary shall maintain accurate records of the
				administrative costs referred to in paragraph (3)(A).
							(k)Annual
				reportThe Secretary, on an
				annual basis, shall submit to the Committee on Transportation and
				Infrastructure of the House of Representatives and the Committee on Commerce,
				Science, and Transportation of the Senate a report on the program,
				including—
							(1)the total amount
				of loans made under the program in the preceding year;
							(2)the number of
				students receiving loans under the program in the preceding year; and
							(3)the total amount
				of loans made under program that are in default as of the date of the
				report.
							(l)Authorization of
				appropriationsThere are authorized to be appropriated for each
				of fiscal years 2010 through 2015—
							(1)$10,000,000 for
				making loans under the program; and
							(2)$1,000,000 for
				administrative expenses of the Secretary in carrying out the program.
							51706.Maritime
				recruitment, training, and retention grant program
						(a)Strategic
				plan
							(1)In
				generalNot later than one year after the date of enactment of
				this section, and at least once every 3 years thereafter, the Secretary of
				Transportation, acting through the Administrator of the Maritime
				Administration, shall publish in the Federal Register a plan that describes the
				demonstration, research, and multistate project priorities of the Department of
				Transportation concerning merchant mariner recruitment, training, and retention
				for the 3-year period following the date of publication of the plan.
							(2)ContentsA plan published under paragraph (1) shall
				contain strategies and identify potential projects to address merchant mariner
				recruitment, training, and retention issues in the United States.
							(3)FactorsIn
				developing a plan under paragraph (1), the Secretary shall take into account,
				at a minimum—
								(A)the availability
				of existing research (as of the date of publication of the plan);
								(B)the need to ensure
				results that have broad applicability;
								(C)the benefits of
				economies of scale and the efficiency of potential projects; and
								(D)the likelihood
				that the results of potential projects will be useful to policymakers and
				stakeholders in addressing merchant mariner recruitment, training, and
				retention issues.
								(4)ConsultationIn
				developing a plan under paragraph (1), the Secretary shall consult with
				representatives of the maritime industry, labor organizations, and other
				governmental entities and parties with an interest in the maritime
				industry.
							(5)Transmittal to
				CongressThe Secretary shall transmit copies of a plan published
				under paragraph (1) to the Committee on Transportation and Infrastructure of
				the House of Representatives and the Committee on Commerce, Science, and
				Transportation of the Senate.
							(b)Demonstration
				projects
							(1)In
				generalThe Secretary may award grants to a maritime training
				institution to carry out demonstration projects that implement the priorities
				identified in the plan prepared under subsection (a)(1), for the purpose of
				developing and implementing methods to address merchant mariner recruitment,
				training, and retention issues.
							(2)Grant
				awardsGrants shall be awarded under this subsection on a
				competitive basis under guidelines and requirements to be established by the
				Secretary.
							(3)ApplicationsTo
				be eligible to receive a grant for a project under this subsection, a maritime
				training institution shall submit to the Secretary a grant proposal that
				includes, at a minimum—
								(A)information
				demonstrating the estimated effectiveness of the project; and
								(B)a method for
				evaluating the effectiveness of the project.
								(4)Eligible
				projectsProjects eligible for grants under this subsection may
				include—
								(A)the establishment
				of maritime technology skill centers developed through local partnerships of
				industry, labor, education, community-based organizations, economic development
				organizations, or Federal, State, and local government agencies to meet unmet
				skills needs of the maritime industry;
								(B)projects that
				provide training to upgrade the skills of workers who are employed in the
				maritime industry;
								(C)projects that
				promote the use of distance learning, enabling students to take courses through
				the use of media technology, such as videos, teleconferencing, and the
				Internet;
								(D)projects that
				assist in providing services to address maritime recruitment and training of
				youth residing in targeted high poverty areas within empowerment zones and
				enterprise communities;
								(E)the establishment
				of partnerships with national and regional organizations with special expertise
				in developing, organizing, and administering merchant mariner recruitment and
				training services; and
								(F)the establishment
				of maritime training programs that foster technical skills and operational
				productivity in communities in which economies are related to or dependent upon
				the maritime industry.
								(c)Projects
				authorized
							(1)ProjectsThe Secretary may award grants to carry out
				projects identified in a plan published under subsection (a)(1) under which the
				project sponsor will—
								(A)design, develop,
				and test an array of approaches to providing recruitment, training, or
				retention services to one or more targeted populations;
								(B)in conjunction
				with employers, organized labor, other groups (such as community coalitions),
				and Federal, State, or local agencies, design, develop, and test various
				training approaches in order to determine effective practices; or
								(C)assist in the
				development and replication of effective service delivery strategies for the
				national maritime industry as a whole.
								(2)Research
				projectsThe Secretary may
				award grants to carry out research projects identified in a plan published
				under subsection (a)(1) that will contribute to the solution of maritime
				industry recruitment, training, and retention issues in the United
				States.
							(3)Multistate or
				regional projectsThe Secretary may award grants to carry out
				multistate or regional projects identified in a plan published under subsection
				(a)(1) to effectively disseminate best practices and models for implementing
				maritime recruitment, training, and retention services designed to address
				industry-wide skill shortages.
							(4)Grant
				awardsGrants shall be awarded under this subsection on a
				competitive basis under guidelines and requirements to be established by the
				Secretary.
							(d)Authorization of
				appropriationsThere are authorized to be appropriated for each
				of fiscal years 2010 through 2015—
							(1)$10,000,000 for
				making grants under this section; and
							(2)$1,000,000 for
				administrative expenses of the Secretary in carrying out this
				section.
							.
			(b)Conforming
			 amendmentThe analysis for such chapter is amended by adding at
			 the end the following:

						51705. Maritime career training loan program.
						51706. Maritime recruitment, training, and retention grant
				program.

					.

			Passed the House of
			 Representatives October 14, 2009.
			Lorraine C. Miller,
			Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 1720
		IN THE HOUSE OF REPRESENTATIVES

			May 4, 2011
			Mr. Owens (for
			 himself and Mr. Welch) introduced the
			 following bill; which was referred to the Committee on the Judiciary

		A BILL
		To improve the H–2A agricultural worker program for use
		  by dairy workers, sheepherders, and goat herders, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 H–2A Improvement
			 Act.
		2.Nonimmigrant
			 status for dairy workers, sheepherders, and goat herdersSection 101(a)(15)(H)(ii)(a) of the
			 Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by
			 inserting who is coming temporarily to the United States to perform
			 agricultural labor or services as a dairy worker, sheepherder, or goat herder,
			 or after abandoning.
		3.Special rules for
			 aliens employed as dairy workers, sheepherders, or goat herdersSection 218 of the Immigration and
			 Nationality Act (8 U.S.C. 1188) is amended—
			(1)by redesignating
			 subsections (h) and (i) as subsections (i) and (j), respectively; and
			(2)by inserting after
			 subsection (g) the following:

					(h)Special rules
				for aliens employed as dairy workers, sheepherders, or goat herders
						(1)In
				generalNotwithstanding any other provision of this Act, an alien
				admitted as a nonimmigrant under section 101(a)(15)(H)(ii)(a) for employment as
				a dairy worker, sheepherder, or goat herder—
							(A)may be admitted
				for an initial period of 3 years; and
							(B)subject to
				paragraph (3)(E), may have such initial period of admission extended for an
				additional period of up to 3 years.
							(2)Exemption from
				temporary or seasonal requirementNot withstanding section
				101(a)(15)(H)(ii)(a), an employer filing a petition to employ H–2A workers in
				positions as dairy workers, sheepherders, or goat herders shall not be required
				to show that such positions are of a seasonal or temporary nature.
						(3)Adjustment to
				lawful permanent resident status
							(A)Eligible
				alienIn this paragraph, the term eligible alien
				means an alien who—
								(i)has H–2A worker
				status based on employment as a dairy worker, sheepherder, or goat
				herder;
								(ii)has maintained
				such status in the United States for not fewer than 33 of the preceding 36
				months; and
								(iii)is seeking to
				receive an immigrant visa under section 203(b)(3)(A)(iii).
								(B)Classification
				petitionA petition under section 204 for classification of an
				eligible alien under section 203(b)(3)(A)(iii) may be filed by—
								(i)the alien’s
				employer on behalf of the eligible alien; or
								(ii)the eligible
				alien.
								(C)No labor
				certification requiredNotwithstanding section 203(b)(3)(C), no
				determination under section 212(a)(5)(A) is required with respect to an
				immigrant visa under section 203(b)(3)(A)(iii) for an eligible alien.
							(D)Effect of
				petitionThe filing of a petition described in subparagraph (B)
				or an application for adjustment of status based on a petition described in
				subparagraph (B) shall not be a basis for denying—
								(i)another petition
				to employ H–2A workers;
								(ii)an extension of
				nonimmigrant status for a H–2A worker;
								(iii)admission of an
				alien as an H–2A worker;
								(iv)a
				request for a visa for an H–2A worker;
								(v)a
				request from an alien to modify the alien's immigration status to or from
				status as an H–2A worker; or
								(vi)a
				request made for an H–2A worker to extend such worker's stay in the United
				States.
								(E)Extension of
				stayThe Secretary of Homeland Security shall extend the stay of
				an eligible alien having a pending or approved petition described in
				subparagraph (B) in 1-year increments until a final determination is made on
				the alien’s eligibility for adjustment of status to that of an alien lawfully
				admitted for permanent residence.
							(F)ConstructionNothing
				in this paragraph may be construed to prevent an eligible alien from seeking
				adjustment of status in accordance with any other provision of
				law.
							.


		III

		109th CONGRESS

		1st Session

		S. RES. 298

		IN THE SENATE OF THE UNITED STATES

			November 3, 2005

			Mr. Hatch (for himself

			 and Mr. Bennett) submitted the following

			 resolution; which was referred to the Committee on the Judiciary

		RESOLUTION

		Designating Thursday, November 17, 2005, as

		  Feed America Thursday.

		Whereas Thanksgiving Day celebrates the spirit of selfless

			 giving and an appreciation for family and friends;

		Whereas the spirit of Thanksgiving Day is a virtue upon

			 which our Nation was founded;

		Whereas 33,000,000 Americans, including 13,000,000

			 children, continue to live in households that do not have an adequate supply of

			 food;

		Whereas almost 3,000,000 of those children experience

			 hunger; and

		Whereas selfless sacrifice breeds a genuine spirit of

			 Thanksgiving, both affirming and restoring fundamental principles in our

			 society: Now, therefore, be it

		That the Senate—

			(1)designates

			 Thursday, November 17, 2005, as Feed America Thursday;

			 and

			(2)requests that the

			 President issue a proclamation calling on the people of the United States to

			 sacrifice 2 meals on Thursday, November 17, 2005, and to donate the money that

			 they would have spent on food to a religious or charitable organization of

			 their choice for the purpose of feeding the hungry.


113 HR 607 IH: To delay until 2016 provisions of the Patient Protection and Affordable Care Act scheduled to take effect in 2014 or 2015 and to delay the application of sequestration until 2014.
U.S. House of Representatives
2013-02-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 607
		IN THE HOUSE OF REPRESENTATIVES

			February 8, 2013
			Mr. Thornberry
			 introduced the following bill; which was referred to the
			 Committee on the Budget,
			 and in addition to the Committees on Education and the Workforce,
			 Ways and Means,
			 the Judiciary,
			 Natural Resources,
			 Rules,
			 Appropriations,
			 House Administration, and
			 Energy and Commerce, for
			 a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To delay until 2016 provisions of the Patient Protection
		  and Affordable Care Act scheduled to take effect in 2014 or 2015 and to delay
		  the application of sequestration until 2014.

		1.Delay in certain PPACA
			 provisions until 2016Notwithstanding any other provision of law,
			 any provision of (including any amendment made by) the Patient Protection and
			 Affordable Care Act (Public Law 111–148) or of title I or subtitle B of title
			 II of the Health Care and Education Reconciliation Act of 2011 (Public Law
			 111–152) that is otherwise scheduled to take effect in 2014 or 2015 shall not
			 take effect until January 1, 2016.
		2.Elimination of
			 fiscal year 2013 sequestrations
			(a)Elimination of
			 automatic section 251A sequestration for fiscal year 2013Section
			 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is
			 amended as follows:
				(1)(A)In paragraph (3), strike
			 2013 and insert 2014.
					(B)In paragraph (3), insert
			 and at the end of subparagraph (C), strike ; and
			 and insert a period at the end of subparagraph (D), and strike subparagraph
			 (E).
					(2)In paragraph (4),
			 strike On March 1, 2013, for fiscal year 2013, and in and insert
			 In.
				(3)In paragraph (5),
			 strike 2013 and insert 2014.
				(4)In paragraph (6), strike
			 2013 and insert 2014.
				(5)In paragraph (7),
			 strike subparagraph (A), strike (B)
			 Fiscal years
			 2014-2021., move the remaining text 2 ems to the left,
			 strike (i) and insert (A), and strike
			 (ii) and insert (B).
				(b)Elimination of
			 sequestration under section 251 for fiscal year
			 2013Notwithstanding section 254(f)(5) of the Balanced Budget and
			 Emergency Deficit Control Act of 1985, the President shall not issue an order
			 under such section to carry out any sequestration that the Director of the
			 Office of Management and Budget estimates is required for fiscal year
			 2013.


		I
		111th CONGRESS
		1st Session
		H. R. 1411
		IN THE HOUSE OF REPRESENTATIVES

			March 10, 2009
			Mr. McDermott
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To amend the Public Health Service Act to establish a
		  Primary and Public Health Scholarship Program.

		1.Short titleThis Act may be cited as the
			 United States Primary and Preventive
			 Health Care Corps Act of 2009.
		2.Primary and
			 Public Health Scholarship ProgramPart E of title VII of the Public Health
			 Service Act (42 U.S.C. 294n et seq.) is amended by adding at the end the
			 following:

				3Primary and Public
				Health Scholarship Program
					775.Scholarship
				program
						(a)In
				generalThe Secretary shall
				establish and carry out the Primary and Public Health Scholarship Program (in
				this section referred to as the Scholarship Program) under which
				the Secretary shall enter into contracts with all eligible individuals in
				accordance with this section.
						(b)EligibilityTo
				be eligible to participate in the Scholarship Program, an individual
				must—
							(1)be accepted for
				enrollment, or be enrolled, as a full-time student—
								(A)in an accredited
				(as determined by the Secretary) institution of higher education that is a
				public graduate medical school in a State that is funded by such State;
				and
								(B)in a course of
				study or program, offered by such institution and approved by the Secretary,
				leading to a degree in medicine, osteopathic medicine, dentistry, or other
				health profession, or an appropriate degree from a graduate program of
				behavioral and mental health;
								(2)submit an
				application to participate in the Scholarship Program in such form and manner
				and at such time as specified by the Secretary; and
							(3)sign and submit to
				the Secretary, at the time of submittal of such application, a written contract
				(described in subsection (d)) to accept payment of a scholarship and to serve
				(in accordance with this section) for a period of not less than 4 years at a
				health care facility that serves a designated primary care or public health
				shortage area located in the State in which the institution is located.
							(c)Participation in
				program
							(1)In
				generalAn individual becomes a participant in the Scholarship
				Program only upon the approval of the Secretary of the individual’s application
				submitted under subsection (b)(2) and the Secretary’s acceptance of the
				contract submitted by the individual under subsection (b)(3).
							(2)NoticeThe
				Secretary shall provide written notice to an individual promptly upon the
				Secretary’s approving, under paragraph (1), of the individual’s participation
				in the Scholarship Program.
							(d)ContractThe
				contract described in this subsection is a written contract between the
				Secretary and an individual that contains—
							(1)an agreement
				that—
								(A)subject to
				paragraph (2), the Secretary agrees to provide the individual with a
				scholarship (described in subsection (e)) for each such school year during the
				period of years (not to exceed four school years), during which the individual
				is pursuing a course of study described in subsection (b)(1)(B); and
								(B)subject to
				paragraph (2), the individual agrees—
									(i)to
				accept provision of such a scholarship to the individual;
									(ii)to maintain
				enrollment in a course of study described in subsection (b)(1)(B) until the
				individual completes the course of study;
									(iii)while enrolled
				in such course of study, to maintain an acceptable level of academic standing
				(as determined under regulations of the Secretary by the educational
				institution offering such course of study); and
									(iv)to serve as a
				health professional for a period of full-time service of not less than 4 years
				at a health care facility serving an area—
										(I)that is located in
				the State in which the individual attended the institution of higher education
				described in subsection (b)(1)(A); and
										(II)that is
				designated by the Secretary, in consultation with the Governor of such State,
				as being a primary care or public health shortage area;
										(2)a provision that
				any financial obligation of the United States arising out of a contract entered
				into under this section and any obligation of the individual which is
				conditioned thereon, is contingent upon funds being appropriated for
				scholarships under this section;
							(3)a statement of the
				damages to which the United States is entitled, under subsection (f) for the
				individual’s breach of the contract; and
							(4)such other
				statements of the rights and liabilities of the Secretary and of the
				individual, not inconsistent with the provisions of this title.
							(e)Scholarships
							(1)In
				generalSubject to subparagraph (3), a scholarship provided to a
				student for a school year under a written contract under the Scholarship
				Program shall consist of payment to, or (in accordance with paragraph (2)) on
				behalf of, the student of the amount of the tuition of the student in such
				school year.
							(2)Payments to
				schoolsThe Secretary may contract with an institution of higher
				education described in subsection (b)(1)(A), in which a participant in the
				Scholarship Program is enrolled, for the payment to the educational institution
				of the amounts of tuition and other reasonable educational expenses described
				in paragraph (1). Payment to such an educational institution may be made
				without regard to section 3648 of the Revised Statutes (31 U.S.C. 529).
							(3)Limitation on
				revenue increaseIn no case shall the Secretary provide a
				scholarship under this section with respect to a student for a school year for
				an institution of higher education described in subsection (b)(1)(A) if the
				percentage of revenues of the institution that such institution receives from
				tuition for the year (taking into account the provision of this section) would
				increase by more than 3 percentage points from the year prior to the date of
				the enactment of this section.
							(f)Breach of
				scholarship
							(1)Failure to
				complete course of studyAn individual who has entered into a
				written contract with the Secretary under this section and who—
								(A)fails to maintain
				an acceptable level of academic standing in the institution of higher education
				described in subsection (b)(1)(A) in which he is enrolled (such level
				determined by the institution under regulations of the Secretary);
								(B)is dismissed from
				such institution for disciplinary reasons; or
								(C)voluntarily
				terminates the training in such an institution for which he is provided a
				scholarship under such contract, before the completion of such training,
								in lieu of
				any service obligation arising under such contract, shall be liable to the
				United States for the amount that is equal to the sum of the total amount which
				has been paid to the individual, or on the behalf of the individual, under the
				contract plus any amount of interest, as determined by the Secretary.(2)Failure to
				complete service obligationIf an individual breaches his written
				contract by failing to begin such individual’s service obligation under this
				section, or to complete such service obligation, the United States shall be
				entitled to recover from the individual an amount that is equal to the sum
				of—
								(A)the total amount
				which has been paid to the individual, or on his behalf of the individual,
				under the contract;
								(B)any amount of
				interest, as determined by the Secretary; and
								(C)the amount that is
				equal to 10 percent of the amount described in subparagraph (A).
								(g)Designated
				primary care or public health shortage areaFor purposes of this section, the term
				designated primary care or public health shortage area means, with
				respect to a State, an area designated by the Secretary, in consultation with
				the Governor of the State, as being without sufficient practicing primary care
				physicians to ensure access to primary care, public health care services, and
				preventive care.
						(h)Applicability of
				certain provisionsThe provisions of subpart III of part D of
				title III shall, except as inconsistent with this section, apply to the program
				established under this section in the same manner and to the same extent as
				such provisions apply to the National Health Service Corps Scholarship Program
				established under such
				subpart.
						.