116 S3740 IS: COVID–19 Recovery for Seniors and People with Disabilities Act of 2020
U.S. Senate
2020-05-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3740IN THE SENATE OF THE UNITED STATESMay 14, 2020Mr. Casey (for himself, Mr. Brown, Mr. Jones, Mrs. Shaheen, Mr. Van Hollen, Ms. Harris, Mr. Menendez, Mr. Reed, Mr. Markey, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo assist older Americans and people with disabilities affected by COVID–19.1.Short title; table of contents(a)Short titleThis Act may be cited as the COVID–19 Recovery for Seniors and People with Disabilities Act of 2020.(b)Table of contentsThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents.TITLE I—Social SecuritySec. 101. Definitions.Sec. 102. Pausing continuing disability reviews during the COVID–19 public health emergency.Sec. 103. Pausing all collection of overpayments during the COVID–19 public health emergency.Sec. 104. Pausing all suspension of benefits for failure to cooperate during the COVID–19 public health emergency.Sec. 105. Update in eligibility thresholds for supplemental security income; elimination of marriage penalty.Sec. 106. Elimination of Social Security disability and Medicare waiting periods.Sec. 107. Support and maintenance furnished in kind not included as income for purposes of SSI.Sec. 108. Suspension of certain regulations.Sec. 109. Discharge of student loans.Sec. 110. Elimination of separate account requirement for past-due supplemental security income benefits paid to child beneficiaries.Sec. 111. Increasing the substantial gainful activity limit.Sec. 112. State grants to protect the legal rights of SSI and SSDI applicants and beneficiaries.Sec. 113. Social security assistance and representation grants.TITLE II—Medicare Sec. 201. Fairness in Medicare enrollment and coverage periods.Sec. 202. Permitting an attestation of employment-based health insurance coverage during the COVID–19 public health emergency.Sec. 203. Suspension of the Medicare part D low-income subsidy asset test.TITLE III—MedicaidSec. 301. Suspension of asset test for medical assistance for Medicare cost sharing during COVID–19 emergency period.Sec. 302. Temporary increase of Medicaid FMAP for medicare cost-sharing.Sec. 303. Delay in reduction of FMAP for medicaid personal care services furnished without an electronic visit verification system.TITLE IV—AgricultureSec. 401. Commodity supplemental food program.TITLE V—Supplemental appropriationsSec. 501. COVID–19 public awareness campaign.Sec. 502. Senior legal assistance; services for older individuals with limited English proficiency.Sec. 503. Information and translation through statewide independent councils.ISocial Security101.DefinitionsIn this title:(1)CommissionerThe term Commissioner means the Commissioner of Social Security.(2)COVID–19 emergency periodThe term COVID–19 emergency period means the period of months—(A)beginning with the first month that begins on or after the date of enactment of this Act; and (B)ending with the sixth month that begins on or after the last day of the public health emergency described in section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b–5(g)(1)(B)).102.Pausing continuing disability reviews during the COVID–19 public health emergency(a)In generalNotwithstanding any other provision of law and except as provided in subsection (b), the Commissioner shall not conduct any continuing disability review (as such term is defined in section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 401(g)(1)(A))) during the COVID–19 emergency period. (b)Exception for CDR appealsSubsection (a) shall not apply to a continuing disability review that—(1)is in progress on the date of enactment of this Act; and(2)is being conducted pursuant to an appeal by an individual of an adverse decision of the Commissioner with respect to the individual's eligibility for benefits under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.), or the amount of such benefits for which the individual is eligible.103.Pausing all collection of overpayments during the COVID–19 public health emergency(a)In generalNotwithstanding any other provision of law and except as provided in subsection (b), during the COVID–19 emergency period, the Commissioner shall not make any downward adjustment to a benefit amount payable to an individual under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.), or take any other action, for the purpose of collecting an overpayment made to such individual.(b)Exception for fraudSubsection (a) shall not apply to any downward adjustment or any other action with respect to a benefit amount payable to an individual under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) if such adjustment is made, or such action taken, on the basis that the individual is involved in fraud or similar fault.104.Pausing all suspension of benefits for failure to cooperate during the COVID–19 public health emergencyNotwithstanding any other provision of law, during the COVID–19 emergency period, the Commissioner shall not suspend, modify, or terminate an individual's entitlement to, or eligibility for, benefits under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the basis that the individual has failed to cooperate with a request of the Commissioner.105.Update in eligibility thresholds for supplemental security income; elimination of marriage penalty(a)Update in general income exclusionSection 1612(b)(2)(A) of the Social Security Act (42 U.S.C. 1382a(b)(2)(A)) is amended by striking $240 and inserting $1,476 (increased as described in section 1617(d) for each calendar year after 2020).(b)Update in earned income exclusionSection 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) is amended by striking $780 each place it appears and inserting $4,788 (increased as described in section 1617(d) for each calendar year after 2020).(c)Update in resource limit for individuals and couplesSection 1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended—(1)in subparagraph (A), by striking $2,250 and all that follows through the end of the subparagraph and inserting $20,000 in calendar year 2020, and shall be increased as described in section 1617(d) for each subsequent calendar year.; and(2)in subparagraph (B), by striking $1,500 and all that follows through the end of the subparagraph and inserting $10,000 in calendar year 2020, and shall be increased as described in section 1617(d) for each subsequent calendar year..(d)Inflation adjustmentSection 1617 of such Act (42 U.S.C. 1382f) is amended—(1)in the section heading, by inserting ; inflation adjustment after benefits; and(2)by adding at the end the following:(d)(1)In the case of any calendar year after 2020, each of the amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4) shall be increased by multiplying each such amount by the quotient obtained by dividing—(A)the average of the Consumer Price Index for Elderly Consumers (CPI–E, as published by the Bureau of Labor Statistics of the Department of Labor) for the 12-month period ending with September of the preceding calendar year, by(B)such average for the 12-month period ending with September 2019.(2)In no case shall the application of paragraph (1) result in a reduction to the amounts specified in such paragraph..(e)Repeal of marriage penalty(1)In generalSection 1611(b)(2) of the Social Security Act (42 U.S.C. 1382f(b)(2)) is amended by striking payable at the rate of and all that follows through the end of the paragraph and insertingpayable—(A)for calendar years 1974 through 2019, at the rate of $2,628 (or, if greater, the amount determined under section 1617); and(B)for calendar year 2020 and any calendar year thereafter, at twice the rate applicable for such calendar year under paragraph (1) for an individual who does not have an eligible spouse,reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual and
 spouse..(2)Conforming amendmentSection 1617(a)(1) of the Social Security Act (42 U.S.C. 1382(a)(1)) is amended by striking subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2) and inserting subsections (a)(1)(A), (a)(2)(A), and (b)(1).(f)Effective dateThe amendments made by this section shall take effect on the date of enactment of this Act, and shall apply to eligibility determinations made, and benefit amounts payable, under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) on or after such date.106.Elimination of Social Security disability and Medicare waiting periods(a)Temporary elimination of waiting periods for Social Security disability benefits and Railroad Retirement Act disability benefitsDuring the period that begins on the date of enactment of this Act and ends on the last day of the sixth month that begins on or after the last day of the public health emergency described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B))—(1)section 202(e)(5) of the Social Security Act (42 U.S.C. 402(e)(5)) shall be applied by striking subparagraphs (A) and (B) and inserting the following: The waiting period referred to in paragraph (1)(F), in the case of any widow or surviving divorced wife, is zero months.;(2)section 202(f)(5) of the Social Security Act (42 U.S.C. 402(f)(5)) shall be applied by striking subparagraphs (A) and (B) and inserting the following: The waiting period referred to in paragraph (1)(F), in the case of any widower or surviving divorced husband, is zero months.;(3)section 223(c)(2) of the Social Security Act (42 U.S.C. 423(c)(2)) shall be applied by substituting zero months. for the earliest period of five consecutive calendar months and all that follows through the period; and(4)section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231c(a)(ii)) shall be applied by striking the of (A) and all that follows through (B).(b)Temporary elimination of Medicare waiting periodFor purposes of applying section 226 of the Social Security Act (42 U.S.C. 426) to any individual during the period described in subsection (a), the following special rules apply:(1)Subsection (b) of such section shall be applied as if there were no requirement for any entitlement to benefits, or status, for a period longer than 1 month.(2)The entitlement under such subsection shall begin with the first month (rather than twenty-fifth month) of entitlement or status.(3)Subsection (f) of such section shall not be applied.(c)Rules of application(1)Scope of applicationThe provisions of the Social Security Act and the Railroad Retirement Act of 1974 specified in subsections (a) and (b) shall be applied in the manner described in such subsections with respect to any individual— (A)for whom a waiting period under such provision began before the date of enactment of this Act; and(B)for whom a waiting period under such a provision begins on or after such date of enactment.(2)Effect of applicationAn individual with respect to whom a waiting period under a provision specified in subsection (a) or (b) does not apply as a result of the application of such subsection shall, for purposes of applying such provision to such individual after the end of the period described in subsection (a), be deemed to have met the waiting period requirement under such provision.107.Support and maintenance furnished in kind not included as income for purposes of SSI(a)In generalSection 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended—(1)by inserting (other than support or maintenance furnished in kind) after all other income; and(2)in subparagraph (A)—(A)by striking or kind;(B)by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively; and(C)in clause (ii) (as so redesignated), by striking and the provisions of clause (i) shall not be applicable.(b)Conforming amendments(1)Section 1611(c) of such Act (42 U.S.C. 1382(c)) is amended by striking paragraph (6) and redesignating paragraphs (7) through (10) as paragraphs (6) through (9), respectively.(2)Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended—(A)in subparagraph (F), by inserting and at the end;(B)in subparagraph (G), by striking ; and and inserting a period;(C)by moving subparagraph (G) 2 ems to the right; and(D)by striking subparagraph (H).(3)Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is amended to read as follows:(c)In determining the amount of income of an alien during the period of 5 years after such alien's entry into the United States, support or maintenance furnished in cash to the alien by such alien's sponsor (to the extent that it reflects income or resources which were taken into account in determining the amount of income and resources to be deemed to the alien under subsection (a) or (b) of this section) shall not be considered to be income of such alien under section 1612(a)(2)(A)..108.Suspension of certain regulationsDuring the COVID–19 emergency period, the Commissioner shall not promulgate or revise (and shall suspend any activities related to the promulgation or revision of) any regulation relating to—(1)the frequency of continuing disability reviews under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.);(2)the authority of administrative appeals judges of the Social Security Administration; or(3)the medical-vocational guidelines for determining whether an individual is disabled for purposes of title II or XVI of the Social Security Act. 109.Discharge of student loans(a)FFEL loans and federal direct loansSection 437(a) of the Higher Education Act of 1965 (20 U.S.C. 1087(a)) is amended—(1)by redesignating paragraph (3) as paragraph (4); and(2)by inserting after paragraph (2) the following:(3)MINE disability determinations(A)In generalA student borrower whom the Commissioner of Social Security has classified as medical improvement not expected for purposes of entitlement to benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) on the basis of a disability—(i)shall be considered permanently and totally disabled for the purpose of discharging such borrower's loans under this subsection; and(ii)shall not be required to present additional documentation for purposes of this subsection.(B)ProceduresThe Secretary and the Commissioner of Social Security shall jointly develop procedures through which the Commissioner shall, on not less than a quarterly basis, provide the Secretary with such information regarding individuals who are classified as medical improvement not expected for purposes of entitlement to benefits under title II of the Social Security Act on the basis of a disability as the Secretary shall require for purposes of carrying out this paragraph. (C)Opt-out processAfter receiving information regarding a borrower from the Commissioner under subparagraph (B), the Secretary shall—(i)identify whether the individual has any loans under this title; (ii)if the individual is a student borrower of a loan described in subparagraph (A) or (B) of section 428(a)(1), or a loan under part D, notify the borrower, in writing, that—(I)the borrower qualifies for discharge under this section based on the determination of the Commissioner; (II)unless the borrower requests otherwise within 30 days after receiving the notification under subclause (I), the Secretary shall discharge the borrower's liability on the loan in accordance with the requirements of this section; and(III)there may be tax implications to the borrower for a discharge under this paragraph; and (iii)if the borrower does not opt out of the discharge under this paragraph by the date specified in the notice, discharge the borrower's liability on the loan, in accordance with the requirements of this section.(D)Grace periodAny borrower who receives a discharge under this paragraph may, during the 1-year period immediately following the discharge, request that the Secretary restore the loan and reverse the discharge without suffering any penalty.(E)Treatment of certain reassigned individualsAn individual who is classified by the Commissioner of Social Security as medical improvement not expected for purposes of entitlement to benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) on the basis of a disability and who is subsequently reclassified for such purposes as a result of changes to the standards or procedures under which the Commissioner makes such classifications—(i)shall, notwithstanding such reclassification, be considered permanently and totally disabled for the purpose of discharging such borrower's loans under this subsection; and(ii)shall, notwithstanding such reclassification, not be required to present additional documentation for purposes of this subsection..(b)Perkins loansSection 464(c) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)) is amended by adding at the end the following:(8)(A)A student borrower whom the Commissioner of Social Security has classified as medical improvement not expected for purposes of entitlement to benefits under title II of the Social Security Act (42 U.S.C. 401 et seq.) on the basis of a disability—(i)shall be considered permanently and totally disabled for the purpose of cancelling such borrower's loans under paragraph (1)(F); and(ii)shall not be required to present additional documentation for purposes of paragraph (1)(F).(B)The Secretary and the Commissioner of Social Security shall jointly develop procedures through which the Commissioner shall, on not less than a quarterly basis, provide the Secretary with such information regarding individuals who are classified as medical improvement not expected for purposes of entitlement to benefits under title II of the Social Security Act on the basis of a disability as the Secretary shall require for purposes of carrying out this paragraph.(C)After receiving information regarding a borrower from the Commissioner under subparagraph (B), the Secretary shall—(i)identify whether the individual has any loans under this part;(ii)if the individual is a student borrower of a loan under this part, notify the borrower, in writing, that—(I)the borrower qualifies for cancellation under this subsection based on the determination of the Commissioner;(II)unless the borrower requests otherwise within 30 days after receiving the notification under subclause (I), the Secretary shall cancel the borrower's liability on the loan in accordance with the requirements of this subsection; and (III)there may be tax implications to the borrower for a loan cancellation under this paragraph; and (iii)if the borrower does not opt out of the cancellation under this paragraph by the date specified in the notice, cancel the borrower's liability on the loan, in accordance with the requirements of this subsection.(D)Any borrower who receives a cancellation under this paragraph may, during the 1-year period immediately following the cancellation, request that the Secretary restore the loan and reverse the cancellation without suffering any penalty..(c)Effective dateThe amendments made by subsections (a) and (b) shall take effect on the date that is 120 days after the date of enactment of this Act. 110.Elimination of separate account requirement for past-due supplemental security income benefits paid to child beneficiaries(a)In generalSection 1631(a)(2)(F) of the Social Security Act (42 U.S.C. 1383(a)(2)(F)) is amended—(1)in clause (i)(I), by striking Each representative payee and inserting Subject to clause (v), each representative payee; and(2)by adding at the end the following clause:(v)Beginning on the date of enactment of this clause, the requirements of clause (i) shall cease to be effective, and any amounts maintained in an account established on behalf of an individual under clause (i) shall be subject to the same requirements, and may be used in the same manner, as monthly benefits payable to such an individual under this title..(b)Rule of constructionAmounts transferred into the account of an individual pursuant to subsection (a) shall not be taken into account as income or resources of such individual for purposes of determining the eligibility of such individual or any other individual for benefits or assistance, or the amount or extent of such benefits or assistance, under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.), under any other Federal program, or under any State or local program financed in whole or in part with Federal funds.111.Increasing the substantial gainful activity limitSection 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended—(1)in subparagraph (A), by striking the second sentence; and(2)by adding at the end the following new subparagraphs: (D)(i)Earnings derived from services shall demonstrate an individual's ability to engage in substantial gainful activity when the amount of such earnings exceeds, on a monthly basis—(I)for calendar year 2020, $2,400; and(II)for any calendar year after 2020, subject to clause (ii), an amount equal to $2,400 multiplied by the quotient obtained by dividing—(aa)the national average wage index (as defined in section 209(k)(1)) for the 12-month period ending with September of such preceding calendar year; by (bb)the national average wage index (as so defined) for the 12-month period ending with September 2019. (ii)In no case shall the amount determined for a calendar year under subclause (II) of clause (i) be less than the amount that applied under this subparagraph for the preceding calendar year..112.State grants to protect the legal rights of SSI and SSDI applicants and beneficiariesTitle XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1150B the following new section:1150C.State grants to protect the legal rights of supplemental security and disability insurance applicants and beneficiaries(a)In generalThe Commissioner may make payments in each State to the protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act for the purpose of protecting the legal rights of beneficiaries with a disability.(b)Services providedServices provided to beneficiaries with a disability pursuant to a payment made under this section may include—(1)information and advice about accessing and applying for benefits under title II or title XVI on the basis of a disability and appealing eligibility decisions with respect to such benefits; (2)advocacy and other services that a beneficiary with a disability may need related to such benefits; and(3)services described in section 1150(b).(c)ApplicationIn order to receive payments under this section, a protection and advocacy system shall submit an application to the Commissioner, at such time, in such form and manner, and accompanied by such information and assurances as the Commissioner may require.(d)Amount of payments(1)In generalSubject to the amount appropriated for a fiscal year for making payments under this section, a protection and advocacy system shall not be paid an amount that is less than—(A)in the case of a protection and advocacy system located in one of the 50 States, the District of Columbia, or Puerto Rico, $200,000; and(B)in the case of a protection and advocacy system located in Guam, American Samoa, the United States Virgin Islands, or the Commonwealth of the Northern Mariana Islands, $100,000.(2)Inflation adjustmentFor each fiscal year in which the total amount appropriated to carry out this section exceeds the total amount appropriated to carry out this section in the preceding fiscal year, the Commissioner shall increase each minimum payment under subparagraphs (A) and (B) of paragraph (1) by a percentage equal to the percentage increase in the total amount so appropriated to carry out this section.(e)Annual reportEach protection and advocacy system that receives a payment under this section shall submit an annual report to the Commissioner on the services provided to individuals by the system.(f)Funding(1)Allocation of paymentsPayments under this section shall be made from amounts made available for the administration of title II and amounts made available for the administration of title XVI, and shall be allocated among those amounts as appropriate.(2)CarryoverAny amounts allotted for payment to a protection and advocacy system under this section for a fiscal year shall remain available for payment to or on behalf of the protection and advocacy system until the end of the succeeding fiscal year.(g)DefinitionsIn this section:(1)Beneficiary with a disabilityThe term beneficiary with a disability means an individual who—(A)is a title II disability beneficiary or a title XVI disability beneficiary (as such terms are defined under section 1148(k)); or(B)is an applicant or prospective applicant for benefits under title II or title XVI on the basis that such individual has a disability.(2)CommissionerThe term Commissioner means the Commissioner of Social Security.(3)Protection and advocacy systemThe term protection and advocacy system means a protection and advocacy system established pursuant to part C of title I of the Developmental Disabilities Assistance and Bill of Rights Act.(h)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2021 through 2025..113.Social security assistance and representation grants(a)In generalFor each fiscal year during the 5-year period beginning with fiscal year 2020, the Commissioner shall award not less than 10 grants under this section to community-based organizations for the purpose of assisting beneficiaries with disabilities—(1)during the process of applying for benefits under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) on the basis of a disability; (2)any appeals processes before the Commissioner, an administrative judge of the Social Security Administration, or a State Disability Determination Services office; and (3)in accessing such benefits.(b)Grant requirements(1)Duration and amount of grantsA grant awarded to a community-based organization under this section—(A)shall be for an amount that is not less than $500,000; and(B)shall be for a period of 5 years.(2)Use of fundsGrant funds shall only be used for a purpose described in subsection (a).(c)Application(1)In generalTo receive a grant under this section, a community-based organization shall submit an application to the Commissioner, at such time and in such form and manner and accompanied by such information and assurances as the Commissioner may require.(2)Required informationAn application for a grant under this section shall include the following information:(A)The region to be served by the applicant.(B)A description of the needs of beneficiaries with a disability in such region.(C)A description of services to be provided under such grant.(D)The personnel that would provide such services.(E)The applicant's plan for disseminating awareness of the services provided under the grant to beneficiaries with a disability in the region.(3)Memorandum of understandingAn application for a grant under this section shall include a memorandum of understanding among any collaborating entities as to roles and allocation of grant funds for each collaborating agency.(4)Assurance of availabilityAn application for a grant under this section shall include a commitment by the applicant that all services provided under the grant, including information about such services, shall be accessible to beneficiaries with a disability. (d)Definitions(1)Beneficiary with a disabilityThe term beneficiary with a disability has the meaning given such term in section 1150C of the Social Security Act (as added by section 112).(2)CommissionerThe term Commissioner means the Commissioner of Social Security.(3)Community-based organizationThe term community-based organization means a non-profit agency or collaboration of non-profit agencies that— (A)serves a region of one or more States;(B)includes—(i)a legal team of lawyers licensed to practice in the State or States served by the organization;(ii)experts in disability benefits provided under title II and XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.), including application, and appeals procedures under such titles; and(iii)individuals currently receiving benefits on the basis of a disability under such a title, or who were beneficiaries under such a title on the basis of a disability within the past 5 years; and(C)is overseen by a board or advisory group composed of at least 1/3 members who are current or former beneficiaries on the basis of a disability under title II or XVI of the Social Security Act.(4)StateThe term State means the 50 states, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands.(e)AppropriationThere is appropriated to the Commissioner, for each of fiscal years 2020 through 2024, $15,000,000 for the purpose of carrying out this section.(f)Reports(1)In generalEach community-based organization that receives a grant under this sections shall provide the Commissioner with— (A)for each year of the grant period, an annual report on the services provided; and(B)at the conclusion of the grant period, a final report of activities provided under the grant.(2)Evaluation grantFrom the administrative funds of title II and title XVI, there shall be awarded an evaluation grant to an independent entity to evaluate the impact of the grants under this section. The amount to be awarded to the evaluation entity shall be at least $500,000 for each of the 5 years of the grant period and at least $500,000 for the 2 years following the grant period. IIMedicare 201.Fairness in Medicare enrollment and coverage periods(a)Elimination of Medicare coverage gaps for new enrolleesIn the case of an individual who enrolled under part A of title XVIII of the Social Security Act during the general enrollment period under section 1818 of such Act (42 U.S.C. 1395i–2) or enrolled under part B of such title during the general enrollment period under section 1837(e) of such Act (42 U.S.C. 1395p(e)), the following shall apply:(1)Coverage periodNotwithstanding subsection (c) of such section 1818 and subsection (a)(2)(E) of section 1838 of such Act (42 U.S.C. 1395q), such individual's coverage period under such sections 1818 and 1838 shall begin on April 1, 2020, rather than on July 1, 2020.(2)Installment plan for retroactive premium paymentsNotwithstanding subsection (d) of such section 1818 and section 1839 of such Act (42 U.S.C. 1395r), if the individual is required to make any back payments of the monthly premium under such subsection (d) or such section 1839 by reason of the retroactive coverage period under paragraph (1), the Secretary of Health and Human Services shall permit the individual, if requested by the individual, to pay such back payments in installments, as determined by the Secretary.(b)Special part B open enrollment period relating to the COVID–19 public health emergency(1)EnrollmentSection 1837 of the Social Security Act (42 U.S.C. 1395p) is amended by adding at the end the following new subsection:(m)Special open enrollment period relating to the COVID–19 public health emergencyIn the case of any individual who is eligible to enroll but who has elected not to enroll (or to be deemed enrolled) under this part, there shall be a special enrollment period during the emergency period described in section 1135(g)(1)(B)..(2)Coverage periodSection 1838 of the Social Security Act (42 U.S.C. 1395q) is amended by adding at the end the following new subsection:(g)Notwithstanding subsection (a), in the case of an individual who enrolls during a special enrollment period pursuant to section 1837(m), the coverage period under this part shall begin on the date the individual applied for such enrollment (but in no case earlier than January 31, 2020)..(3)Conforming amendmentSection 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended, in the first sentence, by striking or (l) and inserting (l), or (m).202.Permitting an attestation of employment-based health insurance coverage during the COVID–19 public health emergencySubsection (b) of section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended by inserting the following after the second sentence: With respect to enrollments under this part during the emergency period described in section 1135(g)(1)(B), for purposes of demonstrating enrollment in a group health plan or a large group health plan for a period of time under the preceding sentence, the Secretary shall accept an attestation from an individual regarding the individual's coverage during such period in lieu of the individual providing otherwise required documentation..203.Suspension of the Medicare part D low-income subsidy asset testSection 1860D–14(a)(3) of the Social Security Act (42 U.S.C. 1395w–114(a)(3)) is amended—(1)in subparagraph (A)(iii), by striking meets and inserting subject to subparagraph (H), meets; and(2)by adding at the end the following new subparagraph:(H)Suspension of the asset testDuring the period beginning on the date of enactment of this subparagraph and ending on December 31 of the year following the year that includes the date of the end of the emergency period described in section 1135(g)(1)(B), subparagraph (A) shall be applied without regard to clause (iii) of such subparagraph.. IIIMedicaid301.Suspension of asset test for medical assistance for Medicare cost sharing during COVID–19 emergency period(a)In generalDuring the period described in subsection (b), for purposes of determining eligibility for medical assistance for medicare cost-sharing under section 1902(a)(10)(E) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)))—(1)subsection (p)(1) of section 1905 of the Social Security Act (42 U.S.C. 1396d) shall be applied by disregarding subparagraph (C) of such subsection; and(2)subsection (s) of such section shall be applied by disregarding paragraph (3) of such subsection.(b)COVID–19 emergency periodThe period described in this subsection is the period—(1)beginning on the date of enactment of this Act; and (2)ending with the last day of the twelfth month that begins on or after the last day of the public health emergency described in section 1135(g)(1)(B) of such Act (42 U.S.C. 1320b–5(g)(1)(B)). 302.Temporary increase of Medicaid FMAP for medicare cost-sharing(a)In generalNotwithstanding any other provision of law, for each calendar quarter occurring during the period described in section 301(b), the Federal medical assistance percentage applicable under section 1903(a) of the Social Security Act (42 U.S.C. 1396b(a)) for each State, including the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, with respect to amounts expended by such State on medical assistance for medicare cost-sharing (as defined in section 1905(p)(3) of such Act (42 U.S.C. 1396d(p)(3))) provided during such period, shall be equal to 100 percent. (b)Exclusion of enhanced payments from territorial payment limitsTo the extent that a Federal payment for medicare cost-sharing that is made to American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands is increased pursuant to subsection (a)—(1)the limitations on payments to territories under subsections (f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308) shall not apply to the amount of such increase; and(2)the amount of such increase shall be disregarded in applying such subsections.303.Delay in reduction of FMAP for medicaid personal care services furnished without an electronic visit verification system Section 1903(l)(1) of the Social Security Act (42 U.S.C. 1396b(l)(1)) is amended—(1)by striking January 1, 2020 and inserting the date that is 6 months after the end of the emergency period described in section 1135(g)(1)(B); and(2)in subparagraph (A), by inserting (if applicable) after percentage points each place it appears. IVAgriculture401.Commodity supplemental food program(a)DefinitionsIn this section:(1)Covered periodThe term covered period means the period beginning on the date of enactment of this Act and ending on the date on which the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19, is terminated.(2)ProgramThe term program means the commodity supplemental food program established under section 4 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note; Public Law 93–86).(3)SecretaryThe term Secretary means the Secretary of Agriculture.(b)Temporary modifications to program(1)Delivery flexibilityNotwithstanding any other provision of law, during the covered period, the Secretary shall permit each State and State agency to modify practices under the program to achieve contactless delivery of commodities, including by waiving the requirement for signature from program participants at the time of delivery.(2)Monthly distribution(A)In generalNotwithstanding any other provision of law, during the covered period, the Secretary may use appropriated funds under the program to increase by not more than 200 percent the maximum monthly quantity of commodities distributed to each program participant.(B)Supplement not supplantThe increased commodities described in subparagraph (A) shall supplement and not supplant the regular distribution of commodities under the program. VSupplemental appropriations501.COVID–19 public awareness campaign(a)Appropriations(1)Federal Communications CommissionThere is appropriated to the Federal Communications Commission, out of any amounts in the Treasury not otherwise appropriated, $25,000,000 for fiscal year 2020, to remain available until expended, to establish a nationwide campaign to educate the public about COVID–19-related scams that—(A)promise or offer a cure, treatment, or test for the virus; or(B)seek to steal money or obtain personal identifiable information from the victim.(2)Federal Trade CommissionThere is appropriated to the Federal Trade Commission, out of any amounts in the Treasury not otherwise appropriated, $25,000,000 for fiscal year 2020, to remain available until expended, to establish a nationwide campaign to educate the public about COVID–19-related scams that—(A)promise or offer a cure, treatment, or test for the virus; or(B)seek to steal money or obtain personal identifiable information from the victim.(3)Independence; collaborationThe Federal Communications Commission and the Federal Trade Commission—(A)shall each establish a separate nationwide campaign under paragraph (1) or (2), respectively; and(B)shall work in conjunction to establish the nationwide campaigns described in subparagraph (A) of this paragraph, as appropriate.(b)RequirementsIn conducting their respective and joint nationwide campaigns under subsection (a), the Federal Communications Commission and the Federal Trade Commission shall—(1)conduct live webinars and tele-town halls in conjunction with relevant organizations with various constituencies on the national and local levels;(2)(A)create and publish public awareness materials describing recent scams and ways that the public can avoid falling victim;(B)post the materials described in subparagraph (A) to an easily noticeable location on their respective websites in various formats, including written, video, and web-interactive materials; and(C)post the materials described in subparagraph (A) on the website of the Federal Communications Commission or the Federal Trade Commission, as applicable, in a format that allows the materials to be easily printed, shared, or posted on external websites and social media;(3)proactively share with national and local news outlets materials or web posts created about any new scam developments;(4)conduct any other related activity in furtherance of efforts to make the public aware of corona-virus related scams;(5)collaborate with other Federal agencies, such as the Consumer Financial Protection Bureau and the Food and Drug Administration, and relevant State agencies, as appropriate to carry out the purposes of this subsection;(6)in their collaborations with each other and in their individual work—(A)place a special focus on making efforts to reach seniors who may not have—(i)access to information posted on the internet or web-based media; or(ii)the ability to join webinars hosted by the Federal Communications Commission or the Federal Trade Commission (independently or separately); and(B)in order to reach individuals described in subparagraph (A), partner with organizations that provide in-person services to seniors during the pandemic in order to ensure that those seniors regularly receive awareness materials about COVID–19-related scams; and(7)in order to ensure that the materials produced under this subsection are accessible to and understandable by individuals who have limited English proficiency—(A)work to ensure that the materials are translated into non-English languages; and(B)consult with relevant stakeholder groups representing such communities on the best ways to ensure they such information is available to them. 502.Senior legal assistance; services for older individuals with limited English proficiencyThe following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, and for other purposes, namely:Department of Health and Human ServicesAdministration for Community Livingaging and disability services programsFor an additional amount for Aging and Disability Services Programs, for carrying out the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.) (OAA), $40,000,000, to remain available through September 30, 2021, which shall be for making payments under title III of the OAA (42 U.S.C. 3021 et seq.) to States with State plans approved under section 307 of the OAA (42 U.S.C. 3027), to be distributed to the States as described in section 304(a) of the OAA (42 U.S.C. 3024(a)): Provided, That, of such amount appropriated under this heading, $20,000,000 shall be used to ensure that older individuals have access to legal assistance by supporting the network of statewide legal services for older individuals, including (1) maintaining legal hotlines for older individuals that are in operation on the date of enactment of this Act and expanding such hotlines to all requesting States, and (2) supporting legal assistance provided under part B of title III of the OAA (42 U.S.C. 3030d et seq.): Provided further, That, of such amount appropriated under this heading, $20,000,000 shall be used to provide services to support older individuals with limited English proficiency in addressing concerns as a result of COVID–19: Provided further, That in carrying out the requirements in the second proviso under this heading, area agencies on aging shall partner or contract with community-based organizations that provide translation and interpretation services for older individuals with limited English proficiency: Provided further, That in seeking organizations with which to enter into such partnerships or contracts, area agencies on aging shall make an effort to include organizations that assist older individuals speaking the most spoken non-English language in the planning and service area served by the area agency on aging and older individuals speaking the least spoken non-English language in such area: Provided further, That the services provided under the second proviso under this heading shall include services to provide older individuals with limited English proficiency with (1) the most up-to-date information on public health concerns and suggested precautions related to COVID–19 and related issues, (2) one-on-one assistance to help older individuals with limited English proficiency understand eligibility requirements for available Federal, State, and local benefits and services, to translate applications and provide oral interpretations necessary to receive such benefits and services and provide oral interpretations necessary to receive such benefits and services, and to provide other supportive services for such individuals to access such benefits and services, and (3) related public awareness campaigns, related to COVID–19 and related issues, in non-English languages: Provided further, That each State agency receiving funding described in the second proviso under this heading shall report to the Assistant Secretary for Aging on the number of individuals receiving the services supported by such funding, number of services provided by type, and the languages spoken by the individuals receiving such services: Provided further, That the amount appropriated under this heading is designated by Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 503.Information and translation through statewide independent councilsThe following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, and for other purposes, namely:Department of Health and Human ServicesAdministration for Community Livingaging and disability services programs(statewide independent living councils)For an additional amount for Aging and Disability Services Programs, for carrying out title VII of the Rehabilitation Act of 1973 (29 U.S.C. 796 et seq.), $10,000,000, to remain available through September 30, 2021, which shall be for making payments under that title VII to States with State plans approved under section 704 of that Act (29 U.S.C. 796c), to be distributed as described in section 711 of that Act (29 U.S.C. 796e), to the States for Statewide Independent Living Councils to enable the Councils to support limited English proficient individuals with disabilities and individuals who are deaf or hard of hearing (which 2 types of individuals are referred to under this heading as covered individuals) in addressing concerns as a result of COVID–19 through services to provide covered individuals with (1) the most up-to-date information on public health concerns and precautions related to COVID–19 and related issues; (2) one-on-one assistance to understand eligibility requirements for available Federal, State, and local benefits and services, to translate applications and provide oral interpretation necessary for such individuals to receive such benefits and services, and to provide other supports for such individuals to access such benefits and services; and (3) related public awareness campaigns in languages other than English and in American Sign Language (which languages and Language are referred to under this heading as additional languages): Provided, that the Councils shall provide support with funds appropriated under this heading in partnership with, or through contracts with, agencies carrying out State disability services programs or community-based organizations that provide translation and interpretation services for covered individuals: Provided further, That in seeking agencies or organizations for such partnerships or contracts in a geographic area, a Council shall make efforts to include entities that assist covered individuals that speak the most commonly spoken additional languages, and entities that assist covered individuals that speak the least commonly spoken additional languages, in that geographical area: Provided further, That the Councils shall report to the Administration about the number of individuals served, the number of services provided by type, and the additional languages through which services are provided, with funds appropriated under this heading: Provided further, That the amount appropriated under this heading is designated by Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).


115 S877 IS: Protecting Student Privacy Act of 2017
U.S. Senate
2017-04-06
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.

II115th CONGRESS1st SessionS. 877IN THE SENATE OF THE UNITED STATESApril 6 (legislative day, April 4), 2017Mr. Markey (for himself and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Family Educational Rights and Privacy Act of 1974 to ensure that student data handled
			 by private companies is protected, and for other purposes.

 1.Short titleThis Act may be cited as the Protecting Student Privacy Act of 2017.
 2.FERPA improvementsSubsection (b) of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly referred to as the Family Educational Rights and Privacy Act of 1974) is amended—
 (1)by redesignating paragraphs (4) through (7) as paragraphs (8) through (11), respectively; (2)by inserting after paragraph (3) the following:

 (4)(A)No funds shall be made available under any applicable program to any educational agency or institution that has not implemented information security policies and procedures that—
 (i)protect personally identifiable information from education records maintained by the educational agency or institution; and
 (ii)require each outside party to whom personally identifiable information from education records is disclosed to have information security policies and procedures that include a comprehensive security program designed to protect the personally identifiable information from education records.
 (B)For purposes of this subsection, the term outside party means a person that is not an employee, officer, or volunteer of the educational agency or institution or of a Federal, State, or local governmental agency and includes any contractor or consultant acting as a school official or authorized representative or in any other capacity.
 (5)Notwithstanding any other provision of this section or paragraph (2)(A), no funds shall be made available under any applicable program to any educational agency or institution that has a policy or practice of using, knowingly releasing, or otherwise knowingly providing access to personally identifiable information, as described in paragraph (2), in the education records of a student to advertise or market a product or service.
 (6)Each State educational agency receiving funds under an applicable program, and each educational agency or institution, shall ensure that any outside party with access to education records with personally identifiable information complies with the following:
 (A)Any education records that are held by the outside party shall be held in a manner that provides, as directed by the educational agency or institution, parents with—
 (i)the right to access the personally identifiable information held about their students by the outside party, to the same extent and in the same manner as provided in subsection (a)(1); and
 (ii)a process to challenge, correct, or delete any inaccurate, misleading, or otherwise inappropriate data in any education records of such student that are held by the outside party, through an opportunity for a hearing by the agency or institution providing the outside party with access, in accordance with subsection (a)(2).
 (B)The outside party shall maintain a record of all individuals, agencies, or organizations that have requested or obtained access to the education records of a student held by the outside party, in the same manner as is required under paragraph (8).
 (C)The outside party shall have policies or procedures in place regarding information security practices regarding the education records, in accordance with paragraph (4).
 (7)No funds under any applicable program shall be made available to any educational agency or institution, or any State educational agency, unless the agency or institution has a policy or practice that—
 (A)promotes data minimization in order to safeguard individual privacy by meeting any request for student information with non-personally identifiable information, if the purpose of any appropriate request can be effectively met with non-personally identifiable information; and
 (B)requires that all personally identifiable information on an individual student held by any outside party be destroyed when the information is no longer needed for the specified purpose.; and
 (3)in paragraph (8)(A), as redesignated by paragraph (1)— (A)by inserting who are employees, officers, or volunteers of the agency or institution after of this subsection;
 (B)by striking or organizations and inserting organizations, or outside parties; (C)by striking or organization and inserting organization, or outside party; and
 (D)by inserting and will describe the information shared with such person, outside party, agency, or organization after obtaining this information.


113 HRES 225 IH: Raising a question of the privileges of the House.
U.S. House of Representatives
2013-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		1st Session
		H. RES. 225
		IN THE HOUSE OF REPRESENTATIVES

			May 20, 2013
			Mr. Grayson submitted
			 the following resolution; which was referred to the
			 Committee on
			 Rules

		RESOLUTION
		Raising a question of the privileges of the
		  House.

		That the House of Representatives
			 shall not consider H.R. 3, the Northern Route Approval Act
			 because: (1) it violates rule XXI of the House, and (2) it affects the dignity
			 and integrity of the proceedings of the House since it is
			 unconstitutional.


113 HR 3701 IH: U.S. Financial Services Global Viability Act
U.S. House of Representatives
2013-12-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS1st SessionH. R. 3701IN THE HOUSE OF REPRESENTATIVESDecember 11, 2013Mr. King of New York (for himself, Mr. Huizenga of Michigan, Mr. Grimm, and Mr. Gary G. Miller of California) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo make improvements to provisions of the Bank Holding Company Act of 1956 relating to proprietary trading by banking entities.1.Short titleThis Act may be cited as the U.S. Financial Services Global Viability Act.2.Amendments to the Bank Holding Company Act of 1956Section 13 of the Bank Holding Company Act of 1956 (12 U.S.C. 1851) is amended—(1)by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection:(h)Identification and certification(1)In generalSubsections (a) and (c) and any rule or regulation prescribed pursuant to subsection (b)(2), or any other regulatory action to enforce or implement any provision of this section, shall not be effective until the Secretary of the Treasury—(A)identifies the foreign countries (including the United Kingdom, France, Germany, Switzerland, Japan, Brazil, China, Canada, and Mexico) that have foreign banks chartered and headquartered in such countries that compete significantly with banking entities subject to the provisions of this section; and(B)certifies that such countries have applied to such foreign banks, including the subsidiaries and affiliates of such banks, requirements equivalent to those set forth under this section.(2)Hearing; judicial reviewThe certification under paragraph (1)(B) shall be determined after interested parties are given the opportunity for a hearing on the record in accordance with the procedures set forth under section 554 of title 5, United States Code, and such parties are entitled to judicial review in accordance with chapter 7 of such title in the United States Court of Appeals for the District of Columbia Circuit.(3)Postponement of effective dateThe effective date of the provisions, rules, and regulations described under paragraph (1) shall be postponed pending judicial review.; and(2)in subsection (i), as redesignated in paragraph (1)—(A)by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and(B)inserting after paragraph (1) the following new paragraph:(2)Foreign bank; foreign countryThe terms foreign bank and foreign country shall have the same meanings as are given such terms in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101)..


		II
		112th CONGRESS
		1st Session
		S. 823
		IN THE SENATE OF THE UNITED STATES

			April 14, 2011
			Mr. Schumer (for
			 himself, Ms. Collins,
			 Mr. Kerry, and Mr. Leahy) introduced the following bill; which was
			 read twice and referred to the Committee
			 on the Judiciary

		A BILL
		To permit aliens who lawfully enter the United States on
		  valid visas as nonimmigrant elementary and secondary school students to attend
		  public schools in the United States for longer than 1 year if such aliens
		  reimburse the local educational agency that administers the school for the
		  full, unsubsidized per capita cost of providing education at such school for
		  the period of the alien’s attendance.

		1.Short
			 titleThis Act may be cited as
			 the Strengthening America's Public
			 Schools Through Promoting Foreign Investment Act.
		2.Nonimmigrant
			 elementary and secondary school studentsSection 214(m)(1)(B) of the Immigration and
			 Nationality Act (8 U.S.C. 1184(m)(1)(B)) is amended by striking
			 unless— and all that follows through (ii) and
			 inserting unless.


117 HR 4030 IH: To designate the facility of the United States Postal Service located at 800 6th Street in Paso Robles, California, as the “Reverend Ruben Franklin Tate, Jr., Post Office Building”.
U.S. House of Representatives
2021-06-22
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.

I117th CONGRESS1st SessionH. R. 4030IN THE HOUSE OF REPRESENTATIVESJune 22, 2021Mr. Carbajal introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo designate the facility of the United States Postal Service located at 800 6th Street in Paso Robles, California, as the Reverend Ruben Franklin Tate, Jr., Post Office Building.1.Reverend Ruben Franklin Tate, Jr., Post Office Building(a)DesignationThe facility of the United States Postal Service located at 800 6th Street in Paso Robles, California, shall be known and designated as the Reverend Ruben Franklin Tate, Jr., Post Office Building.(b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Reverend Ruben Franklin Tate, Jr., Post Office Building.


		II
		110th CONGRESS
		1st Session
		S. 2296
		IN THE SENATE OF THE UNITED STATES

			November 1, 2007
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To provide for improved disclosures by all mortgage
		  lenders at the loan approval and settlement stages of all mortgage
		  loans.

		1.Short
			 titleThis Act may be cited as
			 the Mortgage Disclosure Enhancement
			 Act of 2007.
		2.Amendments to
			 the Truth In Lending ActThe
			 Truth In Lending Act (15 U.S.C. 1601 et seq.) is amended by inserting after
			 section 129 the following new section:

				129A.Enhanced
				mortgage disclosures
					(a)DefinitionsAs
				used in this section, the term mortgage loan means any consumer
				credit transaction in which a security interest is or will be retained or
				acquired in any real property located in the United States which is or, upon
				completion of the transaction, will be used as the dwelling of the
				consumer.
					(b)Disclosures for
				mortgage loansSubject to the rules of the Board, with respect to
				a mortgage loan, the creditor shall disclose to the consumer, in addition to
				any other disclosures required under this title—
						(1)the amount of the
				loan;
						(2)the percentage of
				the loan, as compared to the appraised value of the property;
						(3)the term of the
				loan;
						(4)the monthly
				income of the borrower, as relied upon in making the loan;
						(5)if the annual
				percentage rate of interest is fixed—
							(A)the applicable
				annual percentage rate of interest for the loan;
							(B)the amount of the
				monthly payment on the loan;
							(C)an estimate of
				the monthly payment, plus taxes and insurance; and
							(D)the percentage of
				the stated monthly income of the borrower represented by the monthly payment,
				plus taxes and insurance;
							(6)if the annual
				percentage rate of interest is variable—
							(A)the initial
				interest rate;
							(B)the duration of
				the initial interest rate;
							(C)an estimate of
				the monthly payment amount associated with the initial interest rate;
							(D)an estimate of
				the monthly payment associated with the initial interest rate, plus taxes and
				insurance;
							(E)the percentage of
				the stated monthly income of the borrower represented by the estimated monthly
				payment associated with the initial interest rate, plus taxes and
				insurance;
							(F)the date on which
				the interest rate will be adjusted or reset;
							(G)the fully indexed
				rate (expressed as an estimate of the interest rate after it is adjusted or
				reset);
							(H)an estimate of
				the monthly payment amount associated with the fully indexed interest
				rate;
							(I)the percentage of
				the stated monthly income of the borrower represented by the estimated monthly
				payment associated with the fully indexed interest rate;
							(J)an estimate of
				the monthly payment associated with the fully indexed rate, plus taxes and
				insurance; and
							(K)an estimate of
				the maximum possible applicable annual percentage rate of interest, including
				language expressing that if there is no maximum rate, the applicable State
				usury rate shall be disclosed;
							(7)if the loan
				represents a subordinate lien (also referred to as a piggyback
				loan) on the real property securing the loan, a brief statement that
				the loan is subordinate to an existing primary lien, and that the amount of the
				loan and estimated monthly payments described in the disclosure are in addition
				to any amounts arising from existing loan obligations;
						(8)in any case in
				which a prepayment fee or penalty may be imposed with respect to the
				loan—
							(A)the amount of
				such fee or penalty; and
							(B)a brief
				description, in plain English, of the circumstances or events which would
				trigger the imposition of the prepayment fee or penalty;
							(9)in any case in
				which a balloon payment may be required with respect to the loan—
							(A)the date on which
				the balloon payment is due, and the estimated amount of the balloon payment;
				and
							(B)a brief
				statement, in plain English, that a balloon payment mortgage does not fully pay
				off the loan, that a large balloon payment of the remaining principal will be
				required at the end of the loan term, and that many borrowers must secure
				another loan to make the balloon payment;
							(10)if the borrower
				has a payment option loan—
							(A)a disclosure that
				the loan is a payment option loan; and
							(B)a brief
				statement, in plain English, that a payment option loan has negative
				amortization, which can result in the loan balance becoming higher than the
				original amount of the loan, even if the borrower makes all payments on
				time;
							(11)total points to
				be paid at closing, with an explanation that points are a fee that the borrower
				pays to the lender, expressed as a percentage of the total loan; and
						(12)the total actual
				closing costs, including points, if known, and if not known, the total
				estimated closing costs, including points.
						(c)Timing of
				disclosuresThe disclosures required by this section shall be
				provided to the consumer at the time of approval of the mortgage loan, but in
				no case later than 7 days before the date on which the mortgage loan is
				consummated.
					(d)FormatDisclosures
				required by this section shall be presented to the consumer in the form and
				manner which the Board shall prescribe by regulation—
						(1)in a simple,
				clearly legible, and uniform tabular format, in accordance with subsection
				(e);
						(2)to the extent
				possible, as a one-page, single document;
						(3)when provided in
				conjunction with or at the same time as other required written disclosures, as
				the first of such documents; and
						(4)in an easily
				readable font size.
						(e)Tabular
				format
						(1)In
				generalIn the regulations prescribed under subsection (d)(1),
				the Board shall require that the disclosure of such information shall be in the
				form of a table, which—
							(A)contains clear
				and concise headings for each item of such information; and
							(B)provides a clear
				and concise form for stating each item of information required to be disclosed
				under each such heading.
							(2)Board
				discretion in prescribing order and wording of tableIn
				prescribing the form of the table under paragraph (1), the Board may—
							(A)list the items
				required to be included in the table in a different order than the order in
				which such items are set forth in subsection (b); and
							(B)employ
				terminology which is different from the terminology employed in subsection (b),
				if such terminology conveys substantially the same meaning.
							(f)Rules for
				reduction of time limit of disclosure requirements to 24
				hoursThe Board shall, by rule, provide for procedures to reduce
				the time limit described in subsection (c) to 24 hours prior to the
				consummation of the mortgage, to the extent that the Board determines necessary
				and appropriate, except that such rules shall provide for a time limit
				reduction only at the request of the borrower, and only in those limited
				circumstances in which the borrower needs to consummate the mortgage
				transaction in a more expedited manner than would otherwise be permitted under
				this section.
					(g)Tolerances for
				accuracyThe provisions of section 106(f), relating to tolerances
				for accuracy, and any rules of the Board issued under that subsection, shall
				apply to disclosures required under this
				section.
					.
		3.Amendment to
			 Real Estate Settlement ProceduresSection 4 of the Real Estate Settlement
			 Procedures Act of 1974 (12 U.S.C. 2603) is amended by adding at the end the
			 following:

				(c)Truth in
				lending act disclosuresThe form required under section 129A of
				the Truth in Lending Act shall be provided to the borrower at the time of
				settlement by the person conducting the settlement, in addition to any other
				disclosures required by this Act. In no case may a federally related mortgage
				loan be consummated if such form has not been provided to the borrower, both at
				the time of the approval of the loan, in accordance with that section 129A, and
				at
				settlement.
				.


		II
		111th CONGRESS
		1st Session
		S. 42
		IN THE SENATE OF THE UNITED STATES

			January 6, 2009
			Mr. Ensign (for himself,
			 Mr. Cornyn, Mr.
			 Bond, Mr. Burr,
			 Mr. Vitter, Mr.
			 Enzi, and Mr. Isakson)
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title II of the Social Security Act to preserve
		  and protect Social Security benefits of American workers and to help ensure
		  greater congressional oversight of the Social Security system by requiring that
		  both Houses of Congress approve a totalization agreement before the agreement,
		  giving foreign workers Social Security benefits, can go into
		  effect.

		1.Short
			 titleThis Act may be cited as
			 the Social Security Totalization
			 Agreement Reform Act of 2009 or the STAR Act.
		2.Transmittal and
			 Approval of Totalization Agreements
			(a)In
			 generalSection 233(e) of the
			 Social Security Act (42 U.S.C. 433(e)) is amended to read as follows:

					(e)(1)Any agreement to
				establish a totalization arrangement which is entered into with another country
				under this section shall enter into force with respect to the United States if
				(and only if)—
							(A)the President, at least 90 calendar
				days before the date on which the President enters into the agreement, notifies
				each House of Congress of the President’s intention to enter into the
				agreement, and promptly thereafter publishes notice of such intention in the
				Federal Register,
							(B)the President transmits the text of
				such agreement to each House of Congress as provided in paragraph (2),
				and
							(C)an approval resolution regarding such
				agreement has passed both Houses of Congress and has been enacted into
				law.
							(2)(A)Whenever an agreement
				referred to in paragraph (1) is entered into, the President shall transmit to
				each House of Congress a document setting forth the final legal text of such
				agreement and including a report by the President in support of such agreement.
				The President’s report shall include the following:
								(i)An
				estimate by the Chief Actuary of the Social Security Administration of the
				effect of the agreement, in the short term and in the long term, on the
				receipts and disbursements under the Social Security system established by this
				title.
								(ii)A statement of any administrative
				action proposed to implement the agreement and how such action will change or
				affect existing law.
								(iii)A statement describing whether and
				how the agreement changes provisions of an agreement previously
				negotiated.
								(iv)A statement describing how and to
				what extent the agreement makes progress in achieving the purposes, policies,
				and objectives of this title.
								(v)An estimate by the Chief Actuary of
				the Social Security Administration, working in consultation with the
				Comptroller General of the United States, of the number of individuals who may
				become eligible for any benefits under this title or who may otherwise be
				affected by the agreement.
								(vi)An assessment of the integrity of the
				retirement data and records (including birth, death, and marriage records) of
				the other country that is the subject of the agreement.
								(vii)An assessment of the ability of such
				country to track and monitor recipients of benefits under such
				agreement.
								(B)If any separate agreement or other
				understanding with another country (whether oral or in writing) relating to an
				agreement to establish a totalization arrangement under this section is not
				disclosed to Congress in the transmittal to Congress under this paragraph of
				the agreement to establish a totalization arrangement, then such separate
				agreement or understanding shall not be considered to be part of the agreement
				approved by Congress under this section and shall have no force and effect
				under United States law.
							(3)For purposes of this subsection, the
				term approval resolution means a joint resolution, the matter
				after the resolving clause of which is as follows: That the proposed
				agreement entered into pursuant to section 233 of the Social Security Act
				between the United States and _______ establishing totalization arrangements
				between the Social Security system established by title II of such Act and the
				Social Security system of _______, transmitted to Congress by the President on
				______, is hereby approved., the first two blanks therein being filled
				with the name of the country with which the United States entered into the
				agreement, and the third blank therein being filled with the date of the
				transmittal of the agreement to Congress.
						(4)Whenever a document setting forth an
				agreement entered into under this section and the President’s report in support
				of the agreement is transmitted to Congress pursuant to paragraph (2), copies
				of such document shall be delivered to both Houses of Congress on the same day
				and shall be delivered to the Clerk of the House of Representatives if the
				House is not in session and to the Secretary of the Senate if the Senate is not
				in session.
						(5)On the day on which a document
				setting forth the agreement is transmitted to the House of Representatives and
				the Senate pursuant to paragraph (1), an approval resolution with respect to
				such agreement shall be introduced (by request) in the House by the majority
				leader of the House, for himself or herself and the minority leader of the
				House, or by Members of the House designated by the majority leader and
				minority leader of the House; and shall be introduced (by request) in the
				Senate by the majority leader of the Senate, for himself or herself and the
				minority leader of the Senate, or by Members of the Senate designated by the
				majority leader and minority leader of the Senate. If either House is not in
				session on the day on which such an agreement is transmitted, the approval
				resolution with respect to such agreement shall be introduced in that House, as
				provided in the preceding sentence, on the first day thereafter on which that
				House is in session. The resolution introduced in the House of Representatives
				shall be referred to the Committee on Ways and Means and the resolution
				introduced in the Senate shall be referred to the Committee on
				Finance.
						.
			(b)Additional
			 reports and evaluationsSection 233 of the Social Security Act
			 (42 U.S.C. 433) is amended by adding at the end the following new
			 subsections:

					(f)Biennial SSA
				Report on Impact of Totalization Agreements
						(1)ReportFor
				any totalization agreement transmitted to Congress on or after January 1, 2009,
				the Commissioner of Social Security shall submit a report to Congress and the
				Comptroller General that—
							(A)compares the
				estimates contained in the report submitted to Congress under clauses (i) and
				(v) of subsection (e)(2)(A) with respect to that agreement with the actual
				number of individuals affected by the agreement and the actual effect of the
				agreement on Social Security system receipts and disbursements; and
							(B)contains
				recommendations for adjusting the methods used to make the estimates.
							(2)Dates for
				submissionThe report required under this subsection shall be
				provided not later than 2 years after the effective date of the totalization
				agreement that is the subject of the report and biennially thereafter.
						(g)GAO evaluation
				and report
						(1)Evaluation of
				Initial Report on Impact of Totalization AgreementsWith respect
				to each initial report regarding a totalization agreement submitted under
				subsection (f), the Comptroller General of the United States shall conduct an
				evaluation of the report that includes—
							(A)an evaluation of
				the procedures used for making the estimates required by subsection
				(e)(2)(A);
							(B)an evaluation of
				the procedures used for determining the actual number of individuals affected
				by the agreement and the effects of the totalization agreement on receipts and
				disbursements under the Social Security system; and
							(C)such
				recommendations as the Comptroller General determines appropriate.
							(2)ReportNot
				later than 1 year after the date of submission of an initial report regarding a
				totalization agreement under subsection (f), the Comptroller General shall
				submit to Congress a report setting forth the results of the evaluation
				conducted under paragraph (1).
						(3)Data
				collectionThe Commissioner of Social Security shall collect and
				maintain the data necessary for the Comptroller General of the United States to
				conduct the evaluation required by paragraph
				(1).
						.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply with respect to agreements establishing totalization
			 arrangements entered into under section 233 of the Social Security Act which
			 are transmitted to Congress on or after January 1, 2009.


114 HR 626 IH: Seniors’ Rights to Know Act
U.S. House of Representatives
2015-01-30
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
114th CONGRESS
1st Session
H. R. 626
IN THE HOUSE OF REPRESENTATIVES

January 30, 2015
Mr. Denham introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend title XVIII of the Social Security Act to require Medicare Advantage organizations to disclose certain information on the changes made to the MA plan offered by such organization pursuant to changes required by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, and for other purposes.

1.Short titleThis Act may be cited as the Seniors’ Rights to Know Act. 2.Requiring disclosure of certain changes to MA plans pursuant to requirements of the Affordable Care ActSection 1851 of the Social Security Act (42 U.S.C. 1395w–21) is amended—
(1)in subsection (d)(4), by adding at the end the following new subparagraph:  (F)Changes pursuant to the Affordable Care ActFor plan year 2015 and each subsequent plan year, a description of the changes made by the Medicare Advantage organization, with respect to the MA plan offered by such organization, for such plan year pursuant to the provisions of, and amendments made by, the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, which may include an assessment of the affect of such provisions and amendments on Medicare Advantage eligible individuals who enroll under such plan.; and
(2)in subsection (h)(2), by adding at the end the following new sentence: Notwithstanding the previous sentence, the Secretary may not disapprove information described in subsection (d)(4)(F) included in such material or form for purposes of satisfying the requirements of subsection (d) unless such information is factually inaccurate for the plan year for which the information is provided or any preceding plan year beginning after March 23, 2010..


		III
		111th CONGRESS
		1st Session
		S. RES. 9
		IN THE SENATE OF THE UNITED STATES

			January 7, 2009
			Mr. Lugar (for himself,
			 Mr. Voinovich, Ms. Mikulski, Mr.
			 Inhofe, Mr. Specter,
			 Mr. Kaufman, Mrs. Shaheen, Mr.
			 DeMint, and Mr. Durbin)
			 submitted the following resolution; which was referred to the
			 Committee on Foreign
			 Relations

			March 31, 2009
			 Reported by Mr. Kerry,
			 without amendment

			April 1, 2009
			Considered and agreed to

		RESOLUTION
		Commemorating 90 years of U.S.-Polish
		  diplomatic relations, during which Poland has proven to be an exceptionally
		  strong partner to the United States in advancing freedom around the world.

		Whereas the United States established diplomatic relations
			 with the newly formed Polish Republic in April 1919;
		Whereas the year 2009 marks the 20th anniversary of
			 democracy in Poland, as well as the 20th anniversary of the fall of communism
			 in Poland;
		Whereas the year 2009 marks the 10th anniversary of
			 Poland’s accession to the North Atlantic Treaty Organization (NATO);
		Whereas the year 2009 marks the 50th anniversary of the
			 Fulbright Educational Exchange Program in Poland;
		Whereas Poland has overcome a legacy of foreign occupation
			 and period of communist rule to emerge as a free and democratic nation;
		Whereas Poland has strongly supported the United States
			 diplomatically and militarily, as well as supporting United States-led efforts
			 in combating global terrorism, and has contributed troops to the coalitions led
			 by the United States in both Afghanistan and Iraq; and
		Whereas Poland has cooperated closely with the United
			 States on issues such as democratization, nuclear proliferation, human rights,
			 regional cooperation in Eastern Europe, and reform of the United Nations: Now,
			 therefore, be it

		That the Senate—
			(1)celebrates the
			 90th anniversary of U.S.-Polish diplomatic relations;
			(2)congratulates the
			 Polish people on their great accomplishments as a free democracy; and
			(3)expresses
			 appreciation for Poland’s steadfast partnership with the United States.


		I
		111th CONGRESS
		1st Session
		H. R. 2237
		IN THE HOUSE OF REPRESENTATIVES

			May 4, 2009
			Mr. Israel introduced
			 the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend title 10, United States Code, to direct the
		  Secretary of Defense to carry out a pilot program to determine the feasibility
		  and desirability of equipping turbojet aircraft in the Civil Reserve Air Fleet
		  with a missile defense system.

		1.Short titleThis Act may be cited as the
			 Civil Reserve Air Fleet Missile
			 Defense Pilot Program Act of 2009.
		2.Civil Reserve Air
			 Fleet
			(a)Inclusion of
			 missile defense systemsChapter 931 of title 10, United States
			 Code, is amended by adding at the end the following new section:

					9516.Missile
				defense systems
						(a)Pilot
				programThe Secretary of
				Defense shall carry out a pilot program to determine the feasibility and
				desirability of equipping turbojet aircraft in the Civil Reserve Air Fleet with
				a shoulder-fired missile defense system.
						(b)Certification of
				missile defense systemThe Secretary of Defense shall certify,
				based on operational tests and evaluations, including prior use on aircraft
				operated by the Armed Forces, an appropriate missile defense system for
				inclusion on turbojet aircraft under the pilot program.
						(c)Minimum number
				of aircraftIn conducting the pilot program, the Secretary of
				Defense shall provide for the inclusion of a missile defense system on not
				fewer than 20 turbojet aircraft in the Civil Reserve Air Fleet.
						(d)ContractsThe
				Secretary of Defense may enter into contracts to carry out the pilot program in
				the same manner as the Secretary may enter into contracts under section
				9512.
						(e)Reports(1)Not later than 60 days after the date of
				enactment of this section, the Secretary shall submit to the Committee on Armed
				Services and the Committee on Appropriations of the Senate and Committee on
				Armed Services and the Committee on Appropriations of the House of
				Representatives a report containing a description of the pilot program. The
				report shall include, at a minimum—
								(A)a description of how funds will be
				allocated under the program;
								(B)a
				schedule for implementation of the program;
								(C)a
				description of testing requirements for missile defense systems under the
				program;
								(D)a statement as to whether aircraft or
				appliances used in carrying out the program will require certification by the
				Administrator of the Federal Aviation Administration; and
								(E)a
				description of the criteria that will be used in selecting the aircraft that
				will be equipped with missile defense systems under the program.
								(2)Before the last day of the pilot program,
				the Secretary shall submit to the Committee on Armed Services and the Committee
				on Appropriations of the Senate and Committee on Armed Services and the
				Committee on Appropriations of the House of Representatives a report on the
				results of the pilot program.
							(f)Duration of
				pilot programThe Secretary
				shall conduct the pilot program during a 2-year period beginning not later than
				30 days after submission of the report under subsection (e)(1).
						(g)Authorization of
				appropriationsThere is authorized to be appropriated to carry
				out this section $75,000,000 for fiscal year
				2010.
						.
			(b)Conforming
			 amendmentThe table of sections at the beginning of such chapter
			 is amended by adding at the end the following new item:

						9516. Missile defense
				systems.

					.


116 HR 7842 IH: Intelligence on Nefarious Foreign Leaders Using Education Networks for Corrupt Enrichment Act
U.S. House of Representatives
2020-07-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7842IN THE HOUSE OF REPRESENTATIVESJuly 29, 2020Mr. Murphy of North Carolina introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Higher Education Act of 1965 to improve protections against foreign influence at institutions of higher education, and for other purposes.1.Short titleThis Act may be cited as the Intelligence on Nefarious Foreign Leaders Using Education Networks for Corrupt Enrichment Act or the INFLUENCE Act.2.FindingsCongress finds the following:(1)Schools in the United States, especially institutions of higher education overseeing either sensitive research or critical military technology systems, have provided a level of access to the Chinese government that the Chinese government has refused to provide to the United States. (2)China’s control over the flow of information means the American people have an incomplete picture of Chinese government actions and policies that run counter to the interest of the United States at home and abroad.(3)In the last 15 years, the Chinese government has opened over 100 Confucius Institutes on college and university campuses in the United States to increase their cultural standing in popular culture. While there are currently more than 500 Confucius Institutes worldwide, the United States has more Confucius Institutes than any other country. (4)Federal Government officials have expressed concerns about Confucius Institutes. Christopher Wray, Director of the Federal Bureau of Investigation, testified that the FBI is watching warily Confucius Institutes and in certain instances have developed appropriate investigative steps.(5)The Department of Education has not conducted regular oversight of the compliance of institutions of higher education with foreign gift reporting requirements and, until recently, has failed to adequately enforce the requirements of section 117 of the Higher Education Act of 1965 (relating to disclosures of foreign gifts). The Department of Education maintains a database detailing the reporting of foreign gifts received by institutions, but relies solely on the institutions to self-report gifts.(6)The Department of Education is updating the reporting requirements applicable to institutions of higher education. Previously, the Department of Education had not issued guidance on foreign gift reporting by institutions of higher education since 2004. As a result, institution’s informed Congress that the reporting requirements were unclear and confusing. Institutions also informed Congress that the Department of Education website used to report foreign gifts was dated and difficult to use.(7)Absent full transparency regarding how Confucius Institutes operate and full reciprocity for the cultural outreach efforts of the United States on college campuses in China, Confucius Institutes should not continue in the United States unchecked or unsupervised.3.Enhanced disclosure of certain foreign gifts and contractsSection 117 of the Higher Education Act of 1965 (20 U.S.C. 1011f) is amended—(1)by amending subseciton (a) to read as follows:(a)Disclosure reportAn institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner, whenever one or more of the following occurs:(1)The institution is owned or controlled by a foreign source.(2)The institution receives a gift from or enters into a contract with a foreign source determined by the Secretary to be acting directly or indirectly on behalf of a foreign government that is adversarial to the United States, regardless of the value of the gift or contract.(3)The institution receives a gift from or enters into a contract with a foreign source not described in paragraph (2), the value of which is—(A)$50,000 considered alone; or(B)$100,000 or more in combination with all other gifts from or contracts with that foreign source within a calendar year.;(2)by amending subsection (e) to read as follows:(e)Public availability of information(1)Public inspectionSubject to paragraph (4), all disclosure reports required by this section shall be public records open to inspection and copying during business hours.(2)Publication by Department of EducationNot later than 180 days after the date of enactment of the INFLUENCE Act, and on an annual basis thereafter, the Secretary of Education shall make available, on a publicly accessible website of the Department of Education, a database of the information disclosed to the Secretary under this section during the preceding year.(3)Publication by institutionsNot later than 180 days after the date of enactment of the INFLUENCE Act, and on an annual basis thereafter, each institution that receives a gift or enters into a contract described in subsection (a) shall make available, on a publicly accessible website of the institution—(A)in the case of a gift described in such subsection, a detailed explanation of the gift, including the amount of the gift, identification of the source of the gift, and any conditions or restrictions on the gift; and(B)in the case of a contract described in such subsection, a complete and accurate copy of the contract.(4)Restriction on publication of sensitive information(A)In generalInformation made publicly available under this section shall not include information that is determined by an institution to be confidential, proprietary, or otherwise prohibited from disclosure by law.(B)Enforcement authorityIf the Secretary determines that an institution of higher education willfully or negligently disclosed information that is confidential, proprietary, or otherwise prohibited from disclosure by law in violation of subparagraph (A), the Secretary may declare such institution ineligible to participate in programs authorized under title IV of this Act.; and(3)in subsection (f)(2), by inserting before the period at the end the following: , in addition to any other amounts as determined appropriate by the Secretary of Education. 4.Foreign involvement in sensitive projectsThe Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is further amended by inserting after section 117 the following:117a.Requirements for certain foreign contracts(a)Foreign involvement in sensitive projects(1)In generalIn a case in which an institution enters into a contract with a foreign individual under which the individual will participate in a sensitive project—(A)the institution shall disclose to the Secretary—(i)the date on which individual is expected to return to their home country; and(ii)and the name of the country to which the individual is expected to return; and(B)such contract shall provide—(i)that the individual may not disclose information derived from such project to a foreign government or any other foreign entity; and(ii)that the penalties for disclosure of such information shall be the cancellation of the contract and a requirement to reimburse the Federal Government as described in paragraph (2).(2)Liability for disclosureA foreign individual who knowingly or willfully discloses information in violation of a contract under paragraph (1) shall be required to reimburse the Federal Government for the full costs of any investigation or administrative action resulting from such violation, in addition to any other amounts as determined appropriate by the Secretary.(b)China-Affiliated cultural or language programIn a case in which an institution enters into a contract with an individual or entity under which a China-affiliated cultural or language program will be allowed to operate at the institution, such contract—(1)shall include a provision protecting academic freedom at the institution; and(2)shall not include any provision that would limit the rights of an individual under the Constitution of the United States.(c)DefinitionsIn this section:(1)The term China-affiliated cultural or language program means any project, program, or other activity that—(A)seeks to familiarize students with Chinese language or culture; and(B)is directly or indirectly funded by the Government of the People’s Republic of China.(2)The term sensitive project means any project, program, or other activity carried out by an institution—(A)that is funded, in whole or in part, by Federal funds; and(B)for which a security clearance is required as a condition of participation..5.Interagency coordination on enforcement of foreign gift and contract requirementsThe Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is further amended by inserting after section 117a (as added by section 4) the following:117b.Interagency coordination on enforcement of foreign gift and contract requirements(a)Notification of violationsThe Secretary of Education shall establish a process to notify appropriate Federal agencies of any violation of section 117 or section 117a.(b)Consideration of enforcement actionAfter receiving notice of a violation under subsection (a), the head of the Federal agency that received such notice shall determine—(1)whether such violation constitutes a violation of a provision of law over which the agency has enforcement authority; and(2)if such a violation occurred, whether to pursue an enforcement action against the individual or entity responsible for the violation..6.ReportsSection 636 of the Higher Education Act of 1965 (20 U.S.C. 1132–5) is amended to read as follows:636.Report on foreign and national security issues affecting institutions of higher education(a)Report requiredOn an annual basis, the Secretary of Education, in consultation and collaboration with the Secretary of State, the Secretary of Defense, the Director of National Intelligence, the Attorney General, and the heads of other relevant Federal agencies, shall submit to the authorizing committees a report on foreign and national security issues affecting institutions of higher education.(b)ElementsEach report under subsection (a) shall include—(1)identification of areas of national need in foreign language, area, and international studies as such studies relate to government, education, business, and nonprofit needs and a plan to address those needs;(2)a description of any risks associated with allowing foreign students and other foreign individuals at institutions of higher education to access classified information, protected intellectual property, research and development information, and military technology critical to the national security of the United States;(3)best practices that may be implemented by the Department of Education, the Department of Defense, and other Federal agencies with responsibilities relating to national security to strengthen the secrecy of grants, projects, and contracts that involve providing foreign individuals at institutions of higher education with access to classified or sensitive information, including recommended enforcement actions to respond to the misuse of such information;(4)a description of the ongoing efforts of Federal law enforcement organizations, including the Federal Bureau of Investigation, to address the theft of sensitive information by adversarial foreign actors; and(5)a summary of any information from national security-related projects at institutions of higher education that was stolen, misused, or wrongfully disclosed during the period covered by the report and any actions taken to remedy the theft, misuse, or disclosure of such information.(c)Form of reportEach report under subsection (a) shall be submitted in unclassified form, but may include a classified annex.(d)Public availabilityThe Secretary of Education shall make each report under subsection (a) available on a publicly accessible website of the Department of Education, except no report published on such website shall contain classified information..


		IA
		112th CONGRESS
		1st Session
		H. J. RES. 60
		IN THE HOUSE OF REPRESENTATIVES

			May 11, 2011
			Mr. Carter introduced
			 the following joint resolution; which was referred to the
			 Committee on Energy and
			 Commerce

		JOINT RESOLUTION
		Disapproving a rule submitted by the
		  Environmental Protection Agency relating to Standards of Performance for
		  New Stationary Sources and Emission Guidelines for Existing Sources: Commercial
		  and Industrial Solid Waste Incineration Units.

		That Congress disapproves the rule
			 submitted by the Environmental Protection Agency relating to Standards
			 of Performance for New Stationary Sources and Emission Guidelines for Existing
			 Sources: Commercial and Industrial Solid Waste Incineration Units
			 (published at 76 Federal Register 15704 (March 21, 2011)), and such rule shall
			 have no force or effect.