		II
		112th CONGRESS
		2d Session
		S. 3205
		IN THE SENATE OF THE UNITED STATES

			May 17, 2012
			Mr. Schumer (for
			 himself, Mr. Casey,
			 Mr. Blumenthal, and
			 Mr. Harkin) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide
		  that persons renouncing citizenship for a substantial tax avoidance purpose
		  shall be subject to tax and withholding on capital gains, to provide that such
		  persons shall not be admissible to the United States, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Expatriation Prevention by Abolishing
			 Tax-Related Incentives for Offshore Tenancy or the
			 Ex-PATRIOT
			 Act.
		2.Taxation of capital
			 gains of nonresident alien expatriates
			(a)In
			 generalParagraph (2) of
			 section 871(a) of the Internal Revenue Code of 1986 is amended to read as
			 follows:

					(2)Capital
				gains
						(A)In
				generalIn the case
				of—
							(i)a nonresident alien individual present in
				the United States for a period or periods aggregating 183 days or more during
				the taxable year, or
							(ii)a specified expatriate,
							there
				is hereby imposed for such year a tax of 30 percent of the amount by which his
				gains, derived from sources within the United States, from the sale or exchange
				at any time during such year of capital assets exceed his losses, allocable to
				sources within the United States, from the sale or exchange at any time during
				such year of capital assets. For purposes of this paragraph, gains and losses
				shall be taken into account only if, and to the extent that, they would be
				recognized and taken into account if such gains and losses were effectively
				connected with the conduct of a trade or business within the United States,
				except that such gains and losses shall be determined without regard to section
				1202 and such losses shall be determined without the benefits of the capital
				loss carryover provided in section 1212. Any gain or loss which is taken into
				account in determining the tax under paragraph (1) or subsection (b) shall not
				be taken into account in determining the tax under this paragraph. For purposes
				of this paragraph, a nonresident alien individual or specified expatriate not
				engaged in trade or business within the United States who has not established a
				taxable year for any prior period shall be treated as having a taxable year
				which is the calendar year.(B)Coordination
				with section 877AFor purposes of subparagraph (A), in
				determining the amount of any gain or loss on the sale or exchange of any asset
				which is held by a specified expatriate and which was subject to section 877A,
				the basis in such asset shall be considered to be the fair market value of such
				asset on the day before the expatriation date (as defined in section
				877A(g)(3)).
						(C)Specified
				expatriate
							(i)In
				generalFor purposes of subparagraph (A), the term
				specified expatriate means, with respect to any taxable year, any
				covered expatriate (as defined in section 877A(g)(1)) whose expatriation date
				(as defined in section 877A(g)(3)) occurs after the date which is 10 years
				prior to the date of the enactment of this subparagraph.
							(ii)ExceptionAn
				individual shall not be considered a specified expatriate if such individual
				establishes to the satisfaction of the Secretary that the loss of such
				individual's United States citizenship did not result in a substantial
				reduction in
				taxes.
							.
			(b)WithholdingSubsection
			 (b) of section 1441 of the Internal Revenue Code of 1986 is amended by
			 inserting gains subject to tax under section 871(a)(2) by reason of
			 subparagraph (A)(ii) thereof, after section
			 871(a)(1)(D),.
			(c)Effective
			 dates
				(1)TaxationThe
			 amendment made by subsection (a) shall take effect on the date of the enactment
			 of this Act.
				(2)WithholdingThe
			 amendment made by subsection (b) shall apply to payments made after the date of
			 the enactment of this Act.
				3.
			 Former citizens who renounced citizenship to avoid taxation
			(a)Inadmissibility
			 of former citizensSection
			 212(a)(10)(E) of the Immigration and Nationality Act (8 U.S.C. 212(a)(10)(E))
			 is amended to read as follows:

					(E)Former citizens
				who renounced citizenship to avoid taxation
						(i)In
				generalAny alien who is determined by the Secretary of the
				Treasury to be a specified expatriate is inadmissible.
						(ii)Specified
				expatriateIn this subparagraph, the term specified
				expatriate has the meaning given that term in section 871(a)(2)(C) of
				the Internal Revenue Code of 1986.
						(iii)Notification
				of excepted individualsThe Secretary of the Treasury shall
				notify the Secretary of State and the Secretary of Homeland Security of the
				name of each individual who the Secretary of the Treasury has determined is not
				a specified expatriate under section 871(a)(2)(C)(ii) of the Internal Revenue
				Code of
				1986.
						.
			(b)Prohibition on
			 waiver of inadmissibility
				(1)In
			 generalSection 212(d)(3) of the Immigration and Nationality Act
			 (8 U.S.C. 212(d)(3)) is amended—
					(A)by striking
			 Attorney General each place that term appears and inserting
			 Secretary of Homeland Security; and
					(B)in subparagraph
			 (A)—
						(i)in
			 clause (i), by striking and clauses (i) and (ii) of paragraph
			 (3)(E) and inserting (3)(E)(i), (3)(E)(ii), or (10)(E);
			 and
						(ii)in
			 clause (ii), by striking and clauses (i) and (ii) of paragraph
			 (3)(E) and inserting (3)(E)(i), (3)(E)(ii), or
			 (10)(E).
						(2)ReportNot
			 later than 1 year after the date of the enactment of this Act, the Secretary of
			 the Treasury, or the Secretary's delegate, shall submit to Congress a report
			 with recommendations (made in consultation with the Secretary of State and the
			 Secretary of Homeland Security) for implementing a policy under which an
			 individual who is a specified expatriate (as defined in section 871(a)(2)(C) of
			 the Internal Revenue Code of 1986) may be granted a waiver of inadmissibility
			 under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) if such
			 individual satisfies requirements relating to such individual's tax status,
			 such as a tax or penalty equal to the loss in tax revenue to the United States
			 resulting from such individual's loss of United States citizenship.


110 HR 6959 IH: To amend the Higher Education Act of 1965 to clarify the

U.S. House of Representatives
2008-09-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6959
		IN THE HOUSE OF REPRESENTATIVES

			September 18, 2008
			Mr. Braley of Iowa
			 (for himself, Mr. Kagen,
			 Mr. Loebsack, and
			 Mr. Latham) introduced the following
			 bill; which was referred to the Committee
			 on Education and Labor

		A BILL
		To amend the Higher Education Act of 1965 to clarify the
		  procedures for awarding grants and contracts for Federal Trio
		  Programs.

		1.Short titleThe Act may be cited as the Fair
			 Funding for Upward Bound Act.
		2.Procedures for
			 awarding grants and contracts for Federal Trio ProgramsSection 402A(c) of the Higher Education Act
			 of 1965 (20 U.S.C. 1070a–11(c)) is amended—
			(1)in paragraph (1),
			 by adding at the end the following: An application shall not receive a
			 lower peer review score for failing to contain any information or assurances
			 not specified by the Secretary in the guidance issued by the Secretary pursuant
			 to paragraphs (8)(A) or (8)(B). Not later than 30 days before the date of
			 implementation of any changes in the procedures for awarding grants and
			 contracts not specified in the guidance issued by the Secretary pursuant to
			 paragraphs (8)(A) or (8)(B), the Secretary shall notify all applicants of all
			 such changes.;
			(2)in paragraph
			 (2)(A), by adding at the end the following: The method for considering
			 the factor of prior experience for an application shall be consistent for each
			 program year such factor is considered for such application. The Secretary
			 shall annually notify each applicant of the peer review score awarded for prior
			 experience for such applicant.; and
			(3)by adding at the
			 end the following:

					(9)Reports to
				Congress
						(A)In
				generalNot later than 90
				days before the Secretary issues guidance pursuant to paragraph (8)(A), the
				Secretary shall submit a report to the Committee on Education and Labor, and
				the Committee on Oversight and Government Reform, of the House of
				Representatives, and the Committee on Health, Education, Labor, and Pensions of
				the Senate, on the procedures for awarding grants and contracts under this
				chapter, including the eligibility requirements, application process, and
				application deadlines described in the guidance issued by the Secretary
				pursuant to paragraph (8)(A). The report shall also contain the application and
				instructions on application requirements given to applicants.
						(B)Future
				ReportingNot later than 30
				days before the date the Secretary updates and publishes the guidance under
				paragraph (8)(B), the Secretary shall submit a report on such updates to the
				Committee on Education and Labor, and the Committee on Oversight and Government
				Reform, of the House of Representatives, and the Committee on Health,
				Education, Labor, and Pensions of the Senate.
						.


		V
		111th CONGRESS
		1st Session
		H. R. 3637
		IN THE HOUSE OF REPRESENTATIVES

			September 23, 2009
			Mr. Carney introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To waive the 35-mile rule to permit recognition of Tyler
		  Memorial Hospital as a critical access hospital under the Medicare
		  Program.

		1.Waiver of 35-mile rule to
			 permit recognition of Tyler Memorial Hospital as a critical access hospital
			 under the Medicare programTyler Memorial Hospital in Tunkhannock,
			 Pennsylvania, is deemed to meet the requirement of section 1820(c)(2)(B)(i)(I)
			 of the Social Security Act (42 U.S.C. 1395i–4(c)(2)(B)(i)(I)) for purposes of
			 obtaining designation as a critical access hospital under the Medicare program
			 effective for cost reporting periods beginning on or after July 1, 2009.


		I
		112th CONGRESS
		1st Session
		H. R. 1571
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2011
			Mrs. Adams (for
			 herself, Mr. Smith of Texas,
			 Mr. Conyers,
			 Mr. Sensenbrenner,
			 Mr. Diaz-Balart,
			 Mr. Posey,
			 Ms. Fudge,
			 Ms. Wilson of Florida,
			 Mr. Stivers,
			 Ms. Hanabusa,
			 Ms. Eddie Bernice Johnson of Texas,
			 Mrs. Ellmers,
			 Mr. West, Ms. Ros-Lehtinen, Mr. Ross of Florida, Mr. Buchanan, Mr.
			 Gowdy, Mr. Mica,
			 Mr. Westmoreland,
			 Mr. Roskam,
			 Mr. Young of Florida,
			 Mrs. Blackburn,
			 Mr. Southerland,
			 Mr. Bilirakis,
			 Mr. McHenry,
			 Ms. Wasserman Schultz,
			 Ms. Brown of Florida,
			 Mr. Nugent,
			 Mr. Rivera,
			 Mr. Barletta,
			 Mr. Quigley,
			 Mr. Miller of Florida, and
			 Mr. Bachus) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committee on
			 the Judiciary, 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 ban the sale of certain synthetic
		  drugs.

		1.Short titleThis Act may be cited as the
			 Combating Dangerous Synthetic
			 Stimulants Act of 2011.
		2.Controlled
			 Substances ActSchedule I of
			 section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) is amended
			 in subsection (c) by adding at the end the following:

				(18)4-methylmethcathinone (Mephedrone).
				(19)3,4-methylenedioxypyrovalerone
				(MDPV).
				.


117 S2671 PCS: Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021
U.S. Senate
2021-08-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 120117th CONGRESS1st SessionS. 2671IN THE SENATE OF THE UNITED STATESAugust 6 (legislative day, August 5), 2021Mr. Schumer introduced the following bill; which was read the first timeAugust 7, 2021Read the second time and placed on the calendarA BILLTo amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, Super PACs and other entities, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 or the DISCLOSE Act of 2021.(b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.TITLE I—Closing Loopholes Allowing Spending by Foreign Nationals in ElectionsSec. 101. Clarification of prohibition on participation by foreign nationals in election-related activities.Sec. 102. Clarification of application of foreign money ban to certain disbursements and activities.Sec. 103. Audit and report on illicit foreign money in Federal elections.Sec. 104. Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda.Sec. 105. Disbursements and activities subject to foreign money ban.Sec. 106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals.TITLE II—Reporting of Campaign-Related DisbursementsSec. 201. Reporting of campaign-related disbursements.Sec. 202. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers.Sec. 203. Effective date.TITLE III—Other Administrative ReformsSec. 301. Petition for certiorari.Sec. 302. Judicial review of actions related to campaign finance laws.IClosing Loopholes Allowing Spending by Foreign Nationals in Elections101.Clarification of prohibition on participation by foreign nationals in election-related activities(a)Clarification of prohibitionSection 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended—(1)by striking or at the end of paragraph (1);(2)by striking the period at the end of paragraph (2) and inserting ; or; and(3)by adding at the end the following new paragraph:(3)a foreign national to direct, dictate, control, or directly or indirectly participate in the decision making process of any person (including a corporation, labor organization, political committee, or political organization) with regard to such person’s Federal or non-Federal election-related activity, including any decision concerning the making of contributions, donations, expenditures, or disbursements in connection with an election for any Federal, State, or local office or any decision concerning the administration of a political committee..(b)Certification of ComplianceSection 319 of such Act (52 U.S.C. 30121) is amended by adding at the end the following new subsection:(c)Certification of compliance required prior to carrying out activityPrior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation, labor organization (as defined in section 316(b)), limited liability corporation, or partnership during a year, the chief executive officer of the corporation, labor organization, limited liability corporation, or partnership (or, if the corporation, labor organization, limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, labor organization, limited liability corporation, or partnership), shall file a certification with the Commission, under penalty of perjury, that a foreign national did not direct, dictate, control, or directly or indirectly participate in the decision making process relating to such activity in violation of subsection (a)(3), unless the chief executive officer has previously filed such a certification during that calendar year..(c)Effective dateThe amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.102.Clarification of application of foreign money ban to certain disbursements and activities(a)Application to disbursements to Super PACs and other personsSection 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended—(1)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right;(2)by striking As used in this section, the term foreign national means and inserting the following: Definitions.—For purposes of this section—(1)Foreign nationalThe term; (3)by moving paragraphs (1) and (2) two ems to the right and redesignating them as subparagraphs (A) and (B), respectively; and(4)by adding at the end the following new paragraph:(2)Contribution and donationFor purposes of paragraphs (1) and (2) of subsection (a), the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3))..(b)Conditions under which corporate PACs may make contributions and expendituresSection 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph:(8)A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the Commission the following during the year:(A)Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, is a citizen of the United States or is lawfully admitted for permanent residence in the United States.(B)No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this Act.(C)The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made by the fund.(D)Any member of the board of directors of the corporation who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities..103.Audit and report on illicit foreign money in Federal elections(a)In generalTitle III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new section:319A.Audit and report on disbursements by foreign nationals(a)Audit(1)In generalThe Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle.(2)ProceduresIn carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission.(b)ReportNot later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing—(1)results of the audit required by subsection (a)(1); (2)an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (3)an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (4)an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and(5)recommendations to address the presence of illicit foreign money in elections, as appropriate.(c)DefinitionsAs used in this section:(1)The term Federal election cycle means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date.(2)The term illicit foreign money means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section..(b)Effective dateThe amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle.104.Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda(a)In generalSection 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by section 102(a), is amended by adding at the end the following new paragraph:(3)Federal, State, or local electionThe term Federal, State, or local election includes a State or local ballot initiative or referendum. .(b)Effective dateThe amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year.105.Disbursements and activities subject to foreign money ban(a)Disbursements describedSection 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)), as amended by section 101, is amended—(1)by striking or at the end of subparagraph (B); and(2)by striking subparagraph (C) and inserting the following:(C)an expenditure;(D)an independent expenditure;(E)a disbursement for an electioneering communication (within the meaning of section 304(f)(3));(F)a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate;(G)a disbursement for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy);(H)a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform, that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national;(I)a disbursement by a covered foreign national to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); or(J)a disbursement for a Federal judicial nomination communication (as defined in section 324(d)(3));.(b)Online platformSection 319(b) of such Act (51 U.S.C. 30121(b)), as amended by sections 102(a) and 104, is amended by adding at the end the following new paragraphs:(4)Online platform(A)In generalSubject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which—(i)(I)sells qualified political advertisements; and(II)has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or(ii)is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor).(B)ExemptionSuch term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical.(C)Qualified political advertisementFor purposes of this paragraph, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that—(i)is made by or on behalf of a candidate; or(ii)communicates a message relating to any political matter of national importance, including—(I)a candidate;(II)any election to Federal office; or(III)a national legislative issue of public importance. (D)Third-party advertising vendor definedFor purposes of this paragraph, the term third-party advertising vendor includes, but is not limited to, any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites. (5)Covered foreign national(A)In generalThe term covered foreign national means—(i)a foreign principal (as defined in section 1(b) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(b)) that is a government of a foreign country or a foreign political party;(ii)any person who acts as an agent, representative, employee, or servant, or any person who acts in any other capacity at the order, request, or under the direction or control, of a foreign principal described in clause (i) or of a person any of whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a foreign principal described in clause (i); or(iii)any person included in the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in clause (i).(B)Clarification regarding application to citizens of the United StatesIn the case of a citizen of the United States, clause (ii) of subparagraph (A) applies only to the extent that the person involved acts within the scope of that person’s status as the agent of a foreign principal described clause (i) of subparagraph (A)..(c)Effective dateThe amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act.106.Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals(a)ProhibitionChapter 29 of title 18, United States Code, is amended by adding at the end the following:612.Establishment of corporation to conceal election contributions and donations by foreign nationals(a)OffenseIt shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319.(b)PenaltyAny person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both..(b)Table of sectionsThe table of sections for chapter 29 of title 18, United States Code, is amended by inserting after the item relating to section 611 the following:612. Establishment of corporation to conceal election contributions and donations by foreign nationals. .IIReporting of Campaign-Related Disbursements201.Reporting of campaign-related disbursements(a)Disclosure requirements for corporations, labor organizations, and certain other entities(1)In generalSection 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows:324.Disclosure of campaign-related disbursements by covered organizations(a)Disclosure statement(1)In generalAny covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)—(A)in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and(B)in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date.(2)Information describedThe information described in this paragraph is as follows:(A)The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d))) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that—(i)identifies each beneficial owner by name and current residential or business street address; and(ii)if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity.(B)The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made.(C)In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate.(D)A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party.(E)(i)If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account—(I)the name and address of each person who made such payment during the period covered by the statement;(II)the date and amount of such payment; and(III)the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date,but only if such payment was made by a person who made payments to the account in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii)In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022.(F)(i)If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization—(I)the name and address of each person who made such payment during the period covered by the statement;(II)the date and amount of such payment; and(III)the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date,but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of $10,000 or more during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date. (ii)In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022.(G)Such other information as required in rules established by the Commission to promote the purposes of this section.(3)Exceptions(A)Amounts received in ordinary course of businessThe requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization.(B)Donor restriction on use of fundsThe requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if—(i)the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and(ii)the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements.(C)Threat of harassment or reprisalThe requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals.(4)Other definitionsFor purposes of this section:(A)Beneficial owner defined(i)In generalExcept as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly—(I)exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or(II)has a substantial interest in or receives substantial economic benefits from the assets of an entity.(ii)ExceptionsThe term beneficial owner shall not include—(I)a minor child;(II)a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;(III)a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person;(IV)a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or(V)a creditor of an entity, unless the creditor also meets the requirements of clause (i).(iii)Anti-abuse ruleThe exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A).(B)Disclosure dateThe term disclosure date means—(i)the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and(ii)any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle.(C)Election reporting cycleThe term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office, except that in the case of a campaign-related disbursement for a Federal judicial nomination communication, such term means any calendar year in which the campaign-related disbursement is made.(D)PaymentThe term payment includes any contribution, donation, transfer, payment of dues, or other payment.(b)Coordination with other provisions(1)Other reports filed with the CommissionInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304.(2)Treatment as separate segregated fundA segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986.(c)FilingStatements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304.(d)Campaign-Related disbursement defined(1)In generalIn this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following:(A)An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office.(B)An applicable public communication. (C)An electioneering communication, as defined in section 304(f)(3).(D)A Federal judicial nomination communication.(E)A covered transfer.(2)Applicable public communications(A)In generalThe term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office.(B)ExceptionSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (3)Federal judicial nomination communication(A)In generalThe term Federal judicial nomination communication means any communication—(i)that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and (ii)which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice. (B)ExceptionSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (4)Intent not requiredA disbursement for an item described in subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement.(e)Covered organization definedIn this section, the term covered organization means any of the following:(1)A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).(2)A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).(3)An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code).(4)A labor organization (as defined in section 316(b)).(5)Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)).(6)A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts.(f)Covered transfer defined(1)In generalIn this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization—(A)designates, requests, or suggests that the amounts be used for—(i)campaign-related disbursements (other than covered transfers); or(ii)making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;(B)made such transfer or payment in response to a solicitation or other request for a donation or payment for—(i)the making of or paying for campaign-related disbursements (other than covered transfers); or(ii)making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;(C)engaged in discussions with the recipient of the transfer or payment regarding—(i)the making of or paying for campaign-related disbursements (other than covered transfers); or(ii)donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements;(D)made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or(E)knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment.(2)ExclusionsThe term covered transfer does not include any of the following:(A)A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization.(B)A disbursement made by a covered organization if—(i)the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and(ii)the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements.(3)Special rule regarding transfers among affiliates(A)Special ruleA transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000.(B)Determination of amount of certain payments among affiliatesIn determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization.(C)Description of transfers between affiliatesA transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if—(i)one of the organizations is an affiliate of the other organization; or(ii)each of the organizations is an affiliate of the same organization,except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements. (D)Determination of affiliate statusFor purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if—(i)the governing instrument of the organization requires it to be bound by decisions of the other organization;(ii)the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or(iii)the organization is chartered by the other organization.(E)Coverage of transfers to affiliated section 501(c)(3) organizationsThis paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization.(g)No effect on other reporting requirementsNothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements..(2)Conforming amendmentSection 304(f)(6) of such Act (52 U.S.C. 30104) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement.(b)Coordination with FinCEN(1)In generalThe Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this section.(2)ReportNot later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324.202.Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfersSection 319(b)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 102, is amended—(1)by striking includes any disbursement and inserting includes—(A)any disbursement;(2)by striking the period at the end and inserting ; and, and(3)by adding at the end the following new subparagraph:(B)any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement..203.Effective dateThe amendments made by this title shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.IIIOther Administrative Reforms301.Petition for certiorariSection 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal.302.Judicial review of actions related to campaign finance laws(a)In generalTitle IV of the Federal Election Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new section:407.Judicial review(a)In generalIf any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply:(1)The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit.(2)In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate.(3)It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.(b)Clarifying scope of jurisdictionIf an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a).(c)Intervention by Members of CongressIn any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument.(d)Challenge by Members of CongressAny Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986..(b)Conforming amendments(1)Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows:9011.Judicial reviewFor provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971..(2)Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows:9041.Judicial reviewFor provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971..(3)Section 310 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30110) is repealed.(4)Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.(c)Effective dateThe amendments made by this section shall apply to actions brought on or after January 1, 2021. IVSeverability401.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. August 7, 2021Read the second time and placed on the calendar


		I
		111th CONGRESS
		2d Session
		H. R. 5565
		IN THE HOUSE OF REPRESENTATIVES

			June 22, 2010
			Mr. Neugebauer
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To designate the facility of the United States Postal
		  Service located at 5014 Gary Avenue in Lubbock, Texas, as the Sergeant
		  Chris Davis Post Office.

		1.DesignationThe facility of the United States Postal
			 Service located at 5014 Gary Avenue in Lubbock, Texas, shall be known and
			 designated as the Sergeant Chris Davis Post Office.
		2.ReferencesAny reference in a law, map, regulation,
			 document, paper, or other record of the United States to the facility referred
			 to in section 1 shall be deemed to be a reference to the Sergeant Chris
			 Davis Post Office.


116 S82 IS: Frank and Jeanne Moore Wild Steelhead Special Management Area Designation Act
U.S. Senate
2019-01-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 82IN THE SENATE OF THE UNITED STATESJanuary 10, 2019Mr. Wyden (for himself and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo designate the Frank and Jeanne Moore Wild Steelhead Special Management Area in the State of
			 Oregon.

 1.Short titleThis Act may be cited as the Frank and Jeanne Moore Wild Steelhead Special Management Area Designation Act. 2.FindingsCongress finds that—
 (1)Frank Moore has committed his life to family, friends, his country, and fly fishing; (2)Frank Moore is a World War II veteran who stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion and was awarded the Chevalier of the French Legion of Honor for his bravery;
 (3)Frank Moore returned home after the war, started a family, and pursued his passion of fishing on the winding rivers in Oregon;
 (4)as the proprietor of the Steamboat Inn along the North Umpqua River in Oregon for nearly 20 years, Frank Moore, along with his wife Jeanne, shared his love of fishing, the flowing river, and the great outdoors with visitors from all over the United States and the world;
 (5)Frank Moore has spent most of his life fishing the vast rivers of Oregon, during which time he has contributed significantly to efforts to conserve fish habitats and protect river health, including serving on the State of Oregon Fish and Wildlife Commission;
 (6)Frank Moore has been recognized for his conservation work with the National Wildlife Federation Conservationist of the Year award, the Wild Steelhead Coalition Conservation Award, and his 2010 induction into the Fresh Water Fishing Hall of Fame; and
 (7)in honor of the many accomplishments of Frank Moore, both on and off the river, approximately 99,653 acres of Forest Service land in the State of Oregon should be designated as the Frank and Jeanne Moore Wild Steelhead Special Management Area.
 3.DefinitionsIn this Act: (1)MapThe term Map means the map entitled Frank Moore Wild Steelhead Special Management Area Designation Act and dated June 23, 2016.
 (2)SecretaryThe term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (3)Special management areaThe term Special Management Area means the Frank and Jeanne Moore Wild Steelhead Special Management Area designated by section 4(a).
 (4)StateThe term State means the State of Oregon. 4.Frank and Jeanne Moore Wild Steelhead Special Management Area, Oregon (a)DesignationThe approximately 99,653 acres of Forest Service land in the State, as generally depicted on the Map, is designated as the Frank and Jeanne Moore Wild Steelhead Special Management Area.
			(b)Map; legal description
 (1)In generalAs soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Special Management Area.
 (2)Force of lawThe map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description.
 (3)AvailabilityThe map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
 (c)AdministrationSubject to valid existing rights, the Special Management Area shall be administered by the Secretary—
 (1)in accordance with all laws (including regulations) applicable to the National Forest System; and (2)in a manner that—
 (A)conserves and enhances the natural character, scientific use, fish and wildlife, drinking water, and botanical, recreational, ecological, scenic, and cultural value of the Special Management Area;
 (B)maintains and seeks to enhance the wild salmonid habitat of the Special Management Area; (C)maintains or enhances the watershed as a thermal refuge for wild salmonids; and
 (D)preserves opportunities for recreation, including primitive recreation. (d)Fish and wildlifeNothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
 (e)Adjacent managementNothing in this section— (1)creates any protective perimeter or buffer zone around the Special Management Area; or
 (2)modifies the applicable travel management plan for the Special Management Area. (f)Wildfire managementNothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Special Management Area, consistent with the purposes of this Act, including the use of aircraft, machinery, mechanized equipment, fire breaks, backfires, and retardant.
 (g)Vegetation managementNothing in this section prohibits the Secretary from conducting vegetation management projects within the Special Management Area in a manner consistent with—
 (1)the purposes described in subsection (c); and (2)the applicable forest plan.
 (h)Protection of tribal rightsNothing in this section diminishes any treaty rights of an Indian tribe. (i)WithdrawalSubject to valid existing rights, the Federal land within the boundaries of the Special Management Area river segments designated by subsection (a) is withdrawn from all forms of—
 (1)entry, appropriation, or disposal under the public land laws; (2)location, entry, and patent under the mining laws; and
 (3)disposition under all laws relating to mineral and geothermal leasing or mineral materials.


116 S3411 IS: Kids Internet Design and Safety Act
U.S. Senate
2020-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3411IN THE SENATE OF THE UNITED STATESMarch 5, 2020Mr. Markey (for himself and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo keep children safe and protect their interests on the internet, and for other purposes.1.Short titleThis Act may be cited as the Kids Internet Design and Safety Act or the KIDS Act. 2.FindingsCongress finds the following:(1)Children increasingly consume digital entertainment on the internet and are uniquely susceptible to manipulation online, given their lack of important neurological and psychological mechanisms which are developed later in adulthood.(2)Today’s digital media environment, which is constantly evolving and now includes high-tech experiences, such as augmented reality and virtual reality, is largely designed in non-transparent ways to ensure children interact with content that reflect the interests and goals of content creators, platforms, and marketers.(3)Artificial intelligence, machine learning, and other complex systems are used to make continuous decisions about how online content for children can be personalized to increase engagement.(4)Online companies gather, analyze, and use data for behavioral marketing directed at children.(5)Companies employ sophisticated strategies, including neuromarketing, to affect consumer behavior and manipulate decision making.(6)Branded content in various forms of multimedia, including native advertising and influencer marketing, exposes children to marketing that is inherently manipulative or purposely disguised as entertainment or other information.3.Definitions(a)In generalIn this Act:(1)Augmented realityThe term augmented reality means an application or web-based experience utilizing a camera to change or enhance the user's view of the real world.(2)Branded contentThe term branded content means commercial content created for, and distributed on, a platform in such a way that the line between entertainment and advertising becomes unclear in order to generate a positive view of the brand. (3)CommissionThe term Commission means the Federal Trade Commission.(4)Covered userThe term covered user means an individual under the age of 16. (5)Directed to childrenThe term directed to children means the targeting of covered users by a platform, as demonstrated by, with respect to such platform—(A)its subject matter;(B)its visual content;(C)the use of animated characters or child-oriented activities for children and related incentives;(D)music or other audio content;(E)the age of models used;(F)the presence of—(i)child celebrities; or(ii)celebrities who appeal to covered users;(G)the language used;(H)advertising content used on, or used to advertise, such platform; or(I)reliable empirical evidence relating to—(i)the composition of the audience of such platform; and(ii)the intended audience of such platform.(6)Host-sellingThe term host-selling refers to commercial video content that features the same characters or individuals as in the adjacent noncommercial content.(7)Influencer marketingThe term influencer marketing means a tactic by which a brand or agency or publisher works with individuals who are deemed to have the potential to create engagement, drive conversation, or sell products or services with the intended target audience, in order to drive brand messages.(8)ManipulationThe term manipulation means design strategies, product settings, and product architecture targeted to cognitive vulnerabilities with the intention or effect of pushing the user to make choices to their detriment and the operator’s benefit.(9)Native advertisingThe term native advertising means a form of paid media where the advertising experience follows the natural form and function of the user experience in which it is placed. (10)NeuromarketingThe term neuromarketing means a subfield of marketing that attempts to predict and potentially manipulate consumer behavior and decision making based on analysis of brain patterns.(11)Operator(A)In generalThe term operator means any person who operates a platform, including any person offering products or services for sale through that platform, involving commerce—(i)among the several States or with one or more foreign nations;(ii)in any territory of the United States or in the District of Columbia, or between any such territory and—(I)another such territory; or(II)any State or foreign nation; or(iii)between the District of Columbia and any State, territory, or foreign nation.(B)ExceptionThe term operator does not include any nonprofit entity that would otherwise be exempt from coverage under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). (12)PersonThe term person means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.(13)PlatformThe term platform means a website, online service, online application, or mobile application which is operated for commercial purposes.(14)Virtual realityThe term virtual reality means an application or web-based experience utilizing a camera to create an immersive environment that mimics the real world, usually via a headset.4.Regulation of acts and practices on child-directed platforms(a)Prohibition on certain featuresIt is unlawful for an operator of a platform directed to children to incorporate any of the following features:(1)Any auto-play setting that, without input from the covered user, commences additional video content directly following the video content initially selected by the user.(2)Push alerts that urge a covered user to spend more time engaged with the platform when they are not actively using it.(3)Displaying the quantity of positive engagement or feedback that a covered user has received from other users.(4)Any design feature or setting that unfairly encourages a covered user, due to their age or inexperience, to make purchases, submit content, or spend more time engaging with the platform.(5)Any feature that provides a covered user with badges or other visual award symbols based on elevated levels of engagement with the platform.(b)Prohibition on amplification of certain content; user reporting mechanismIt shall be unlawful for an operator of a platform directed to children, or a platform for which the operator has constructive knowledge that covered users use its platform, to—(1)amplify, promote, or encourage covered users’ consumption of videos and other forms of content that involve—(A)sexual material; (B)physical or emotional violence, including bullying; (C)adult activities, including gambling; or (D)other dangerous, abusive, exploitative, or wholly commercial content; or(2)fail to implement a mechanism for users to report suspected violations of any requirement under paragraph (1).(c)Prohibition on certain advertising methods(1)In generalIt shall be unlawful for an operator of a platform directed to children to—(A)direct content that includes host-selling to covered users; (B)expose covered users to program-length advertisements;(C)direct branded content or native advertising to covered users;(D)direct online advertising or material with considerable commercial content involving alcohol, nicotine, or tobacco to covered users; (E)expose covered users to online advertising or material with considerable commercial content with any imbedded interactive elements that take advantage of covered users' inexperience or credulity in noncommercial child-directed content; or(F)direct content that includes product placement to covered users.(2)Program-length advertisementThe term program-length advertisement shall be defined by the Commission through regulation or other public guidance.(d)Prohibition on use of personal informationIt shall be unlawful for an operator of a platform directed to children to use age verification information collected from covered users for any commercial purpose.(e)RegulationsThe Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, to require any operator of a platform directed to children to incorporate online visual elements or other indicators that distinguish commercial content from noncommercial content.5.Marketing and commercialization(a)Content labeling system reportNot later than the date that is 1 year after the date of enactment of this Act, the Commission shall submit to Congress a report—(1)containing recommendations for a labeling system to allow parents to identify noncommercial, educational, and enriching content for covered users online; and (2)address considerations regarding how such labeling system should—(A)analyze content based on evidence-based criteria;(B)employ an easy-to-understand visual cue for parents to identify content described in paragraph (1);(C)receive regular review to determine its effectiveness; and(D)develop a mechanism for users to report to the Commission complaints of mislabeled content and for the Commission to remedy such instances of mislabeled content.(b)ConsultationThe report described in subsection (a) shall be developed by the Commission in consultation with an advisory board, to be created and convened by the Commission, which is comprised of experts in child development, child health, education, and media.6.Transparency and auditing(a)TransparencyThe Commission shall promulgate regulations in accordance with section 553 of title 5, United States Code, requiring an operator of a platform which is directed to children to publish and maintain a publicly accessible digital record of the viewable or playable content of each such platform.(b)Annual platform auditsThe regulations promulgated pursuant to subsection (a) shall include the establishment of an annual audit process, to be conducted during the 5-year period subsequent to the date of enactment of this Act, for each of the 25 platforms directed to children with the highest total number of child users, to evaluate the level of compliance by each such platform with respect to the requirements under this Act. (c)ReportThe Commission shall issue annual reports to Congress based on the audits described in subsection (b) that—(1)describe the level of compliance by the platforms described in such subsection with respect to the requirements under this Act; and(2)provide recommendations for such legislation and administrative actions as the Commission determines appropriate based on the audit findings.7.Grant program(a)Establishment(1)In generalThe Secretary of Commerce shall provide grants to eligible persons to foster the creation and promotion of advertisement-free and educational online content for covered users, such as videos and applications.(2)Eligible personFor purposes of this section, the term eligible person means a person that has submitted an application, as approved by the Secretary of Commerce pursuant to the eligibility requirements developed under subsection (b), for the creation and promotion of advertisement-free and educational online content for covered users.(b)Advisory councilThe Secretary shall establish and convene an Advisory Council on Children’s Online Content, which shall be—(1)comprised of experts in education, child development, psychology, online media, and other related disciplines; and(2)tasked with developing evidence-based criteria for grant eligibility and grant distribution.(c)Authorization of appropriations(1)In generalTo carry out this section, there is authorized to be appropriated—(A) for fiscal year 2021, $4,000,000; (B)for fiscal year 2022, $8,000,000; (C) for fiscal year 2023, $10,000,000; and (D)for fiscal year 2024, $12,000,000. (2)Availability of fundsAny amount appropriated under this subsection for any fiscal year shall remain available for the purposes of carrying out any application approved during such fiscal year for an additional period of 1 year after the end of such fiscal year.8.Administration and enforcement(a)In generalThis Act shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).(b)Actions by Commission(1)In generalThe Commission shall prevent any person from violating this Act or any regulation promulgated by the Commission under this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties, as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (2)Penalties and privilegesAny person that violates this Act or any regulation promulgated under the Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties, as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act.(c)Civil penaltyA violation of the Act, or a rule promulgated under the Act, shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).(d)Effect on other lawsNothing contained in this Act shall be construed to limit the authority of the Commission under any other provisions of law.


116 HR 7415 IH: Hong Kong Safe Harbor Act
U.S. House of Representatives
2020-06-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS2d Session
H. R. 7415
IN THE HOUSE OF REPRESENTATIVES

June 30, 2020
Mr. Curtis (for himself, Mr. Castro of Texas, Mr. Gallagher, Mr. Sherman, Mrs. Hartzler, Mr. Suozzi, Mr. Rouda, Mr. Yoho, Mr. Stewart, Mr. McAdams, Ms. Stefanik, Mr. McGovern, Mr. Kinzinger, and Mr. Malinowski) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To designate residents of the Hong Kong Special Administrative Region as Priority 2 refugees of special humanitarian concern, and for other purposes.

1.Short titleThis Act may be cited as the Hong Kong Safe Harbor Act. 2.Designation of certain residents of Hong Kong as Priority 2 refugees (a)In generalThe Secretary of State, in consultation with the Secretary of Homeland Security, shall designate as Priority 2 refugees of special humanitarian concern the following categories of aliens:
(1)Individuals who are residents of the Hong Kong Special Administrative Region who suffered persecution, or have a well-founded fear of persecution, on account of their peaceful expression of political opinions or peaceful participation in political activities or associations. (2)Individuals who have been formally charged, detained, or convicted on account of their peaceful actions as described in section 206(b)(2) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5726).
(3)The spouses, children, and parents (as such terms are defined in subsections (a) and (b) of section 101 of the Immigration and Nationality Act (8 U.S.C. 1101)) of individuals described in paragraph (1) or (2), except such parents who are citizens of a country other than the People's Republic of China.  (b)Processing of Hong Kong refugeesThe processing of individuals described in subsection (a) for classification as refugees may occur in Hong Kong or in a third country.
(c)Eligibility for admission as refugeesAn alien may not be denied the opportunity to apply for admission as a refugee under this section primarily because such alien— (1)qualifies as an immediate relative of a citizen of the United States; or
(2)is eligible for admission to the United States under any other immigrant classification. (d)Facilitation of admissionsAn applicant for admission to the United States from the Hong Kong Special Administrative Region may not be denied primarily on the basis of a politically motivated arrest, detention, or other adverse government action taken against such applicant as a result of the participation by such applicant in protest activities.
(e)Exclusion from numerical limitationsAliens provided refugee status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act (8 U.S.C. 1151, 1152, 1153, or 1157).  (f)Reporting requirements (1)In generalNot later than 180 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State and the Secretary of Homeland Security shall submit a report on the matters described in paragraph (2) to—
(A)the Committee on the Judiciary and the Committee on Foreign Relations of the Senate; and (B)the Committee on the Judiciary and the Committee on Foreign Affairs of the House of Representatives.
(2)Matters to be includedEach report required by paragraph (1) shall include— (A)the total number of applications that are pending at the end of the reporting period;
(B)the average wait-times for all applicants who are currently pending— (i)employment verification;
(ii)a prescreening interview with a resettlement support center; (iii)an interview with U.S. Citizenship and Immigration Services; and
(iv)the completion of security checks; and (C)the number of denials of applications for refugee status, disaggregated by the reason for each such denial.
(3)FormEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (4)Public reportsThe Secretary of State shall make each report submitted under this subsection available to the public on the internet website of the Department of State.
(g)Satisfaction of other requirementsAliens granted status under this section as Priority 2 refugees of special humanitarian concern under the refugee resettlement priority system shall be considered to satisfy the requirements under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157) for admission to the United States. 3.Waiver of immigrant status presumption (a)In generalThe presumption under the first sentence of section 214(b) (8 U.S.C. 1184(b)) that every alien is an immigrant until the alien establishes that the alien is entitled to nonimmigrant status shall not apply to an alien described in subsection (b).
(b)Alien described
(1)In generalAn alien described in this paragraph is an alien who— (A)on June 30, 2020, is a resident of the Hong Kong Special Administrative Region;
(B)is seeking entry to the United States to apply for asylum under section 208 of the Immigration and Nationality Act (8 U.S.C. 1158); and (C) (i)had a leadership role in civil society organizations supportive of the protests in 2019 and 2020 relating to the Hong Kong extradition bill and the encroachment on the autonomy of Hong Kong by the People’s Republic of China;
(ii)had an organizing role for such protests; (iii)acted as a first aid responder for such protests;
(iv)suffered harm while covering such protests as a journalist; (v)provided paid or pro-bono legal services to 1 or more individuals arrested for participating in such protests; or
(vi)during the period beginning on June 9, 2019, and ending on June 30, 2020, was formally charged, detained, or convicted for his or her participation in such protests.  (2)ExclusionAn alien described in this paragraph does not include any alien who is a citizen of a country other than the People's Republic of China.
4.Refugee and asylum determinations under the Immigration and Nationality Act
(a)Persecution on account of political opinion
(1)In generalFor purposes of refugee determinations under this Act in accordance with section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), an individual whose citizenship, nationality, or residency is revoked for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws (as defined in section 101(a) of that Act (8 U.S.C. 1101(a)) shall be considered to have suffered persecution on account of political opinion. (2)Nationals of the People's Republic of ChinaFor purposes of refugee determinations under this Act in accordance with section 207 of the Immigration and Nationality Act (8 U.S.C. 1157), a national of the People's Republic of China whose residency in the Hong Kong Special Administrative region, or any other area within the jurisdiction of the People's Republic of China, as determined by the Secretary of State, is revoked for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws shall be considered to have suffered persecution on account of political opinion.
(b)Changed circumstancesFor purposes of asylum determinations under this Act in accordance with section 208 of the Immigration and Nationality Act (8 U.S.C. 1158), the revocation of the citizenship, nationality, or residency of an individual for having submitted to any United States Government agency a nonfrivolous application for refugee status, asylum, or any other immigration benefit under the immigration laws shall be considered to be a changed circumstance under subsection (a)(2)(D) of that section. 5.Statement of policy on encouraging allies and partners to make similar accommodationsIt is the policy of the United States to encourage allies and partners of the United States to make accommodations similar to the accommodations made in this Act for residents of the Hong Kong Special Administrative Region who are fleeing oppression by the Government of the People’s Republic of China.
6.TerminationThis Act, and the amendments made by this Act, shall cease to have effect on the date that is 5 years after the date of the enactment of this Act.


116 S1612 IS: Community College to Career Fund in Higher Education Act
U.S. Senate
2019-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1612IN THE SENATE OF THE UNITED STATESMay 22, 2019Ms. Duckworth (for herself, Mrs. Feinstein, Mr. Durbin, Mrs. Shaheen, Mr. Van Hollen, and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Higher Education Act of 1965 to support community college and industry partnerships,
 and for other purposes.1.Short titleThis Act may be cited as the Community College to Career Fund in Higher Education Act.2.Community college to career fundTitle VIII of the Higher Education Act of 1965 (20 U.S.C. 1161a et seq.) is amended by adding at the end the following:BBCommunity College to Career Fund899.Community college and industry partnerships grant program(a)DefinitionsIn this section:(1)WIOA definitionsThe terms career pathway, integrated education and training, individual with a barrier to employment, industry or sector partnership, and in-demand industry sector or occupation have the meanings given to such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).(2)Community collegeThe term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate's degree, including 2-year Tribal Colleges or Universities, as defined in section 316, and public 2-year institutions of higher education.(3)Education and workforce training programThe term education and workforce training program—(A)means a career pathway program, or a program that utilizes integrated education and training strategies, that leads to a recognized postsecondary credential; and(B)includes a registered apprenticeship program, on-the-job training program, or paid internship, if the program or internship meets the requirements of subparagraph (A).(4)Eligible entityThe term eligible entity means an institution of higher education, or a consortium of institutions of higher education, that—(A)is part of an industry or sector partnership, or is working directly with an industry or sector partnership for purposes of a grant under this section; and(B)may, for purposes of a grant under this section and in addition to the industry or sector partnership, partner with one or more of the following:(i)An eligible provider, as defined in section 203 of the Adult Education and Family Literacy Act (29 U.S.C. 3272).(ii)An institution of higher education, as defined in section 101.(iii)An elementary school or secondary school, as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965.(iv)Any other entity that the Secretaries consider appropriate.(5)Institution of higher educationThe term institution of higher education—(A)means—(i)a community college; or(ii)a 4-year public institution of higher education (as defined in section 101(a)) or a Tribal College or University (as defined in section 316(b)) that—(I)offers an associate degree; and(II)will use funds provided under this section for education and workforce training programs or activities for courses of study that culminate with a recognized postsecondary credential, and not for courses of study culminating in a baccalaureate or advanced degree; and(B)includes institutions described in subparagraph (A) that are located in the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau.(6)Recognized postsecondary credentialThe term recognized postsecondary credential means a credential consisting of an industry-recognized certificate or certification, a certificate of completion of an apprenticeship, a license recognized by the State involved or Federal Government, or an associate degree.(7)SecretariesThe term Secretaries means the Secretary of Education and the Secretary of Labor, acting jointly in accordance with the interagency agreement described in subsection (h).(b)Grants authorized(1)In generalNot later than the last day of the first full fiscal year following the date of enactment of the Community College to Career Fund in Higher Education Act and from funds appropriated under subsection (g), the Secretaries shall award competitive grants to eligible entities to enable the eligible entities to carry out education and workforce training programs or activities described in subsection (e).(2)Duration of grantsA grants awarded under this section shall be for a period of not more than 5 years, subject to subsection (f)(3).(c)ApplicationAn eligible entity desiring a grant under this section shall submit to the Secretaries an application at such time, in such manner, and containing such information as the Secretaries determine is required. The application shall contain—(1)a grant proposal for each education and workforce training program or activity to be supported under the grant that includes a detailed description of—(A)the specific education and workforce training program or activity that will be supported, and the quality of the program or activity;(B)the extent to which the program or activity aligns with—(i)an overall strategic plan developed by the eligible entity in collaboration with an industry sector partnership and, if applicable, other partner organizations;(ii)a statewide or regional workforce development strategy, including strategies established under the Workforce Innovation and Opportunity Act (29 U.S.C. 3201 et seq.) and the Carl D. Perkins Career and Technical Education Act of 2006; and(iii)in-demand industry sectors or occupations;(C)quantitative data and evidence that demonstrates the extent to which the program or activity to be supported will meet the needs of employers in the area for skilled workers in in-demand industry sectors or occupations;(D)the extent to which the program or activity to be supported will meet the needs of students in the area;(E)how the program or activity to be supported meets the criteria established under subsection (d), including the manner in which the grant will be used to develop, offer, improve, or provide the program or activity; and(F)any previous experience of the eligible entity in providing education and workforce training programs or activities, the absence of which shall not automatically disqualify an eligible entity from receiving a grant under this section; and(2)(A)a detailed description of how the eligible entity will ensure that any education and workforce training programs or activities supported under the grant will meet the performance measures described in subsection (f); and(B)an assurance that the entity will annually submit to the Secretaries information on the performance of each education and workforce training program or activity supported under the grant, in the context of the performance measures described in subsection (f).(d)Criteria for award(1)In generalGrants under this section shall be awarded based on criteria established by the Secretaries that shall include, at a minimum, the following:(A)A determination of the merits of the grant proposal submitted by the eligible entity to develop, offer, improve, or provide an education and workforce training program or activity to be made available to students.(B)An assessment of the likely employment opportunities available in the area to individuals who complete an education and workforce training program or activity that the eligible entity proposes to develop, offer, improve or provide under the grant, based on State or local labor market data.(2)PriorityIn awarding grants under this section, the Secretaries shall give priority to eligible entities that—(A)are working with an industry or sector partnership that prioritizes facilitating the hiring of individuals who have obtained a recognized postsecondary credential from the education and workforce training programs or activities offered by the eligible entity;(B)are focused on serving individuals with barriers to employment, veterans, spouses of members of the Armed Forces, or incumbent workers who are low-skilled and who need to increase their employability skills;(C)serve areas with high unemployment rates; or(D)commit to increasing access to education and workforce training programs or activities that meet the needs of employers in in-demand industry sectors or occupations.(e)Use of fundsAn eligible entity receiving a grant under this section shall use grant funds for one or more of the following:(1)The development, offering, improvement, or provision of one or more education and workforce training programs or activities leading to recognized postsecondary credentials that will meet the needs of employers in in-demand industry sectors or occupations.(2)The development and implementation of policies, programs, or activities that expand opportunities for students to earn a recognized postsecondary credential in in-demand industry sectors or occupations, including by—(A)facilitating the transfer of academic credits between institutions of higher education (as defined in section 101), including the transfer of academic credits for courses in the same field or program of study;(B)expanding articulation agreements and policies that guarantee transfers between such institutions, including through common course numbering and use of general core curriculum;(C)developing or enhancing student support service programs or activities; and(D)establishing policies and processes for assessing and awarding postsecondary credit for work-related learning or work-based learning (as defined in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006).(3)The creation or alignment of career pathways that provide a sequence of education and occupational training that leads to a recognized postsecondary credential, including programs or activities that—(A)blend basic skills and occupational training;(B)facilitate means of transitioning participants from noncredit occupational, basic skills, or developmental coursework to for-credit coursework within and across institutions;(C)build or enhance linkages between secondary education or adult education and literacy programs (including those programs established under the Carl D. Perkins Career and Technical Education Act of 2006 or the Workforce Innovation and Opportunity Act (29 U.S.C. 3201 et seq.)) and postsecondary institutions, including the development of dual or concurrent enrollment programs; or(D)are designed to increase the provision of workforce training for students, including students who are members of the Armed Forces (including members of the National Guard or Reserves) and veterans, in order to facilitate their entry into high-skill, high-wage jobs or in-demand industry sectors or occupations.(f)Performance measures(1)In generalThe Secretaries shall establish performance measures for the education and workforce training programs and activities supported under this section, which shall consist of—(A)the primary indicators of performance, as described in section 116(b)(2)(A)(i) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)(i)); and(B)a level of performance for each indicator described in subparagraph (A).(2)Monitoring progressThe Secretaries shall—(A)monitor the progress of eligible entities that receive grants under this section to ensure their education and workforce training programs or activities supported under this section meet the performance measures established under paragraph (1); and(B)annually publish a report regarding the progress of such programs or activities in meeting the performance measures, including the results for each performance measure disaggregated by—(i)race and ethnicity;(ii)age intervals;(iii)gender; and(iv)Federal Pell Grant recipient status.(3)Satisfactory progressThe Secretaries shall not continue to provide funds under a grant under this section after the third year of the grant period unless the eligible entity has achieved satisfactory progress toward meeting the levels of performance on the performance measures, as determined by the Secretaries.(g)Authorization of appropriations(1)In generalThere are authorized to be appropriated to carry out this section such sums as may be necessary.(2)Administrative costNot more than 5 percent of the amounts made available under paragraph (1) for a fiscal year may be used by the Secretaries for the Federal administration of the program under this section, including providing technical assistance and carrying out evaluations.(3)Period of availabilityFunds appropriated under paragraph (1) for a fiscal year shall remain available for obligation for that fiscal year and the succeeding 4 fiscal years.(h)Interagency agreementNot later than 90 days after the date of enactment of the Community College to Career Fund in Higher Education Act, the Secretaries shall enter into a formal interagency agreement establishing the terms by which the Secretaries shall jointly administer the program under this section..