		II
		112th CONGRESS
		2d Session
		S. 2642
		IN THE SENATE OF THE UNITED STATES

			May 7, 2012
			Ms. Klobuchar introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain
		  polycrystalline fibers.

		1.Certain polycrystalline
			 fibers
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Polycrystalline fibers consisting of greater than 70% alumina
						and less than 30% silica, in bulk, roll or blanket form (provided for in
						subheading 6806.10.00), the foregoing designed for use in pollution control
						devices for motor vehiclesFreeNo changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


		I
		110th CONGRESS
		2d Session
		H. R. 6125
		IN THE HOUSE OF REPRESENTATIVES

			May 22, 2008
			Mr. Burgess
			 introduced the following bill; which was referred to the
			 Committee on Armed
			 Services, and in addition to the Committee on
			 Oversight and Government
			 Reform, 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 provide a mechanism for the construction
		  of petroleum refineries on military installations to provide a reliable source
		  of petroleum products for use by the Armed Forces, and for other
		  purposes.

		1.Military use
			 refineries
			(a)AuthorizationThe President may authorize the design and
			 construction of one petroleum refinery for each of the Army, Navy, Air Force,
			 and Marine Corps that will be—
				(1)located at a site—
					(A)on a military
			 installation designated by the President, other than a closed military
			 installation or portion thereof; or
					(B)on a closed military installation, or
			 portion thereof, made available for the siting of a refinery in the manner
			 provided by the base closure law applicable to the installation; and
					(2)reserved for the
			 exclusive purpose of manufacturing petroleum products designated for
			 consumption by units and elements of that branch of the Armed Forces.
				(b)Solicitation for
			 design and construction proposalsThe President shall solicit
			 proposals for the design and construction of a refinery under this section. In
			 selecting a proposal or proposals under this subsection, the President shall
			 consider—
				(1)the ability of the
			 applicant to undertake and complete the project;
				(2)the extent to
			 which the applicant’s proposal serves the purposes of the project; and
				(3)the ability of the
			 applicant to best satisfy the criteria set forth in subsection (c).
				(c)Refinery
			 criteriaA refinery constructed under this section shall meet or
			 exceed the industry average for—
				(1)construction efficiencies; and
				(2)operational
			 efficiencies, including cost efficiencies.
				(d)Operation of
			 refineryIn the case of a
			 site referred to in subsection (a)(1)(A), after the construction of the
			 refinery, the site shall be leased for operation, for its fair market value, to
			 an applicant selected in the manner described in subsection (b). In the case of
			 a site referred to in subsection (a)(1)(B), after the construction of the
			 refinery, the site shall be disposed of in the manner provided by the
			 applicable base closure law.
			(e)Use of
			 productsAll petroleum
			 products manufactured at a refinery constructed under this section shall be
			 sold to the Federal Government, at a price not to exceed the fair market value
			 of the petroleum products, for use by the Armed Forces.
			(f)FundingA contract for the design or construction
			 of a refinery may not be entered into under this section in advance of the
			 appropriation of funds sufficient for such purpose. Funds appropriated for the
			 Department of Defense or for Department of Energy national security programs
			 may not be used to enter into contracts under this section for the design,
			 construction, or operation of a refinery. Funds appropriated for the Department
			 of Defense may be used to purchase petroleum products manufactured at a
			 refinery constructed under this section for use by the Armed Forces.
			(g)DefinitionsIn
			 this section:
				(1)The term
			 base closure law means the Defense Base Closure and Realignment
			 Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)
			 and title II of the Defense Authorization Amendments and Base Closure and
			 Realignment Act (Public Law 100–526; 10 U.S.C. 2687 note).
				(2)The term closed military
			 installation means a military installation closed or approved for
			 closure pursuant to a base closure law.
				2.Repeal of
			 requirement relating to procurement and acquisition of alternative
			 fuelsSection 526 of the
			 Energy Independence and Security Act of 2007 (42 U.S.C. 17142) is
			 repealed.


		I
		111th CONGRESS
		2d Session
		S. 3784
		IN THE HOUSE OF
		  REPRESENTATIVES

			December 3, 2010
			Referred to the Committee on Oversight and Government
			 Reform

		AN ACT
		To designate the facility of the United
		  States Postal Service located at 4865 Tallmadge Road in Rootstown, Ohio, as the
		  Marine Sgt. Jeremy E. Murray Post Office.

		1.Marine Sgt. Jeremy E. Murray Post
			 Office
			(a)DesignationThe facility of the United States Postal
			 Service located at 4865 Tallmadge Road in Rootstown, Ohio, shall be known and
			 designated as the Marine Sgt. Jeremy E. Murray Post
			 Office.
			(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 Marine
			 Sgt. Jeremy E. Murray Post Office.

			Passed the Senate December 2,
			 2010.
			Nancy Erickson,
			Secretary


110 HRES 83 IH: Congratulating Tony Gwynn for his election

U.S. House of Representatives
2007-01-22
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.

		IV
		110th CONGRESS
		1st Session
		H. RES. 83
		IN THE HOUSE OF REPRESENTATIVES

			January 22, 2007
			Mrs. Davis of
			 California (for herself, Mr.
			 Filner, Mr. Bilbray,
			 Mr. Hunter, and
			 Mr. Issa) submitted the following
			 resolution; which was referred to the Committee on Oversight and Government
			 Reform

		RESOLUTION
		Congratulating Tony Gwynn for his election
		  to the Baseball Hall of Fame, for an outstanding career as an athlete, and for
		  his contributions to baseball and to his community.

		Whereas Tony Gwynn was elected to the Baseball Hall of
			 Fame on January 9, 2007, for his outstanding accomplishments over his
			 20-year-career in Major League Baseball;
		Whereas he will be inducted into the Hall of Fame on July
			 29, 2007, along with fellow baseball legend Cal Ripken;
		Whereas Gwynn is widely considered one of the greatest
			 hitters in baseball with a lifetime batting average of .338, 18th on the
			 all-time career leaders list, which includes baseball legends as Ty Cobb,
			 Rogers Hornsby, and Tris Speaker;
		Whereas Gwynn has 3,141 career hits, and only 17 players
			 have more hits than Gwynn, including Ty Cobb, Hank Aaron, and Stan
			 Musial;
		Whereas Gwynn is the owner of 8 Silver Bats for the 8
			 batting titles he has won, tying him for the National League record with Honus
			 Wagner, with only Ty Cobb of the American League having won more titles;
		Whereas among the all-time Padres career leaders, Gwynn is
			 first in batting average, hits, runs batted in, and runs;
		Whereas Gwynn has not only proven to be a great hitter but
			 a great defensive player, winning five Gold Glove awards;
		Whereas throughout his career, Gwynn has been selected to
			 16 All-Star teams and played in two World Series, in 1984 and 1998;
		Whereas, in an era when money dominates the game of
			 baseball, Tony Gwynn chose to play in San Diego for the Padres when it was
			 believed that he could have earned more money with another team in another
			 city;
		Whereas Gwynn is an example of good sportsmanship, having
			 always conducted himself with dignity, and has been a role model for young
			 people and for all Americans;
		Whereas Gwynn and his wife Alicia are philanthropists
			 dedicated to their support for the Tony and Alicia Gwynn Foundation, the Casa
			 de Amparo, the Police Athletic League, the New Haven Home, the Jackie Robinson
			 Family YMCA, the Epilepsy Society of San Diego, and many more
			 organizations;
		Whereas, for his community involvement, Gwynn was named
			 Individual of the Year at the 1998 Equal Opportunity Awards Dinner, was the
			 1995 Branch Rickey Award winner, and was the 1998 Padres nominee for Major
			 League Baseball's Roberto Clemente Man of the Year Award;
		Whereas, after his distinguished career in baseball, Gwynn
			 chose to give back to the community by returning to his alma mater to coach the
			 San Diego State University Aztecs; and
		Whereas Gwynn was named the Mountain West Conference
			 Baseball Coach of the Year in 2004, after leading the Aztecs to a conference
			 title in only his second season as manager: Now, therefore, be it

		That the House of Representatives
			 congratulates Tony Gwynn for his election to the Baseball Hall of Fame, honors
			 him for an outstanding career as an athlete, and thanks him for his
			 contributions to baseball and to his community.


115 HR 3577 IH: Results Through Innovation Act of 2017
U.S. House of Representatives
2017-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3577IN THE HOUSE OF REPRESENTATIVESJuly 28, 2017Mr. Costa (for himself, Mr. McGovern, Ms. Michelle Lujan Grisham of New Mexico, and Ms. DelBene) introduced the following bill; which was referred to the Committee on AgricultureA BILLTo amend the Food and Nutrition Act of 2008 to establish a competitive grant program to provide
			 grants to States to carry out targeted employment and training projects.

 1.Short titleThis Act may be cited as the Results Through Innovation Act of 2017. 2.Targeted employment and training projectsSection 16(h)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(h)(1)) is amended by adding at the end the following:

				(G)targeted employment and training projects
 (i)Establishment of programThe Secretary shall establish and carry out a program that provides grants, on a competitive basis, to States to carry out 3-year projects as determined by the Secretary to provide targeted employment and training services designed—
 (I)to raise short-term and long-term employment and increase earnings for members of households that receive supplemental nutrition assistance program benefits by using innovative approaches to remove barriers to employment and training;
 (II)to support a holistic, 2-generation approach to serving households; (III)to explore alternative integrated models for providing supportive services; or
 (IV)to target hard-to-serve populations such as homeless individuals, recently incarcerated individuals, or individuals with other substantial barriers to employment.
 (ii)Eligibility Requirements for applicantsTo be eligible to receive in a fiscal year a grant under clause (i) to carry out a project, a State shall submit to the Secretary a separate application for such project that—
 (I)contains such terms and conditions as the Secretary may require; (II)except as provided in this subparagraph, proposes to carry out a project that satisfies the requirements of sections 6(d) and 20;
 (III)proposes to carry out a project that provides at least one of the following— (aa)services or benefits authorized under section 6(d)(4) or 20;
 (bb)other services or benefits designed to remove barriers or provide enhanced case management for— (AA)members of households participating in the supplemental nutrition assistance program who are employed or participating in an allowable employment and training activity;
 (BB)members of households participating in the supplemental nutrition assistance program who formerly participated in employment and training and who are employed for a period of up to 180 days after an individual who received employment and training services under the program gains employment, or 90 days after the household has exceeded the gross income limit for program eligibility, whichever occurs first; or
 (CC)household members of individuals described in subitem (AA) or (BB) if such benefits or services are necessary for supporting the employment or employment and training activities of an individual described in subitem (AA) or (BB); and
 (cc)technical assistance for other States, local governments, or employment and training providers to assist in expanding or replicating proven approaches;
 (IV)specifies that such project will provide for the voluntary participation in employment and training programs by members of households that do not include an individual who receives cash assistance under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
 (V)provides that such project will be carried out by the State agency directly, or through a State or local government entity or a nonprofit private entity; and
 (VI)provides that the State agency may use not more than 5 percent of such grant for activities associated with administering the project, such as oversight and data reporting.
 (iii)Selection criteriaIn selecting for approval on a competitive basis applications for grants under this subparagraph, the Secretary shall—
 (I)consider the capacity and relevant experience of the State agency (and the State or local government entity or the nonprofit private entity (if any)) that is proposed to carry out the project to achieve the goals of such project specified in the application, in providing effective employment and training programs (including employment and training programs under this Act and part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) for low-skill individuals;
 (II)consider whether such project has relevance for and could be replicated in other States; (III)consider the capacity of the applicant to measure the outcomes of such project;
 (IV)ensure that the projects, when considered as a group, will be carried out in a range of rural and urban areas, including those with high levels of poverty; and
 (V)in order to expand the number of households served or replicate successful strategies in other areas, give priority to—
 (aa)projects with proven results under the pilot projects authorized by subparagraph (F); and (bb)other successful programs, as measured by increased employment and earnings under the reporting requirements in paragraph (5).
							(iv)Reporting
 (I)Performance reports by grant recipientsStates that receive grants made under this subparagraph shall— (aa)measure and report the performance of their projects in accordance with paragraph (5);
 (bb)include a cost-benefit analysis that shows the benefits to project participants and to taxpayers under this Act; and
 (cc)satisfy any other reporting requirements the Secretary considers to be appropriate. (II)Annual Report by the SecretaryThe Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate an annual report that includes a description of the outcomes measured by each State operating a project (during the project period and any subsequent evaluation period as determined by the Secretary) and of the extent to which such State achieved the goals of the project.
						(v)Funding
 (I)Authorization of AppropriationsThere are authorized to be appropriated to carry out this subparagraph— (aa)$300,000,000 for fiscal year 2019;
 (bb)$350,000,000 for fiscal year 2020; (cc)$300,000,000 for each of the fiscal years 2021 and 2022;
 (dd)$400,000,000 for each of the fiscal years 2023 and 2024; (ee)$500,000,000 for each of the fiscal years 2025 and 2026; and
 (ff)$600,000,000 for each of the fiscal years 2027 and each fiscal year thereafter. (II)Maintenance of effortFunds made available under this subparagraph may be used by States only to supplement, not to supplant, Federal or non-Federal funds used to provide current employment and training activities and services.
						.


		II
		109th CONGRESS
		2d Session
		S. 3593
		IN THE SENATE OF THE UNITED STATES

			June 28, 2006
			Mr. Kennedy (for
			 himself, Mr. Dodd,
			 Ms. Mikulski, Mr. Schumer, Mr.
			 Harkin, Mrs. Clinton, and
			 Mr. Lieberman) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Higher Education Act of 1965 to provide
		  additional support to students.

		1.Short
			 titleThis Act may be cited as
			 the Student Debt Relief Act of
			 2006.
		2.Increase in
			 Federal Pell Grants
			(a)In
			 generalSection 401(b)(2)(A) of the Higher Education Act of 1965
			 (20 U.S.C. 1070a(b)(2)(A)) is amended by striking clauses (i) through (v) and
			 inserting the following:

					(i)$5,100 for academic year
				2007–2008;
					(ii)$5,400 for academic year
				2008–2009;
					(iii)$5,700 for academic year
				2009–2010;
					(iv)$6,000 for academic year 2010–2011;
				and
					(v)$6,300 for academic year
				2011–2012,
					.
			(b)Additional
			 fundsFor an academic year, in the case in which discretionary
			 amounts appropriated to carry out the Federal Pell Grant program under subpart
			 1 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a et
			 seq.) for such academic year are sufficient to fund a maximum Federal Pell
			 Grant award of $4,050, then there are authorized to be appropriated, and there
			 are appropriated, additional amounts to carry out the amendment made by
			 subsection (a) as follows:
				(1)For academic year
			 2007–2008, $4,310,000,000.
				(2)For academic year
			 2008–2009, $5,563,000,000.
				(3)For academic year
			 2009–2010, $6,982,000,000.
				(4)For academic year
			 2010–2011, $8,398,000,000.
				(5)For academic year
			 2011–2012, $9,831,000,000.
				3.Student aid
			 reward programPart G of title
			 IV of the Higher Education Act of
			 1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section
			 489 the following:

				489A.Student aid reward
				program
					(a)Program
				authorizedThe Secretary
				shall carry out a Student Aid Reward Program to encourage institutions of
				higher education to participate in the student loan program under this title
				that is most cost-effective for taxpayers.
					(b)Program
				requirementsIn carrying out
				the Student Aid Reward Program, the Secretary shall—
						(1)provide to each institution of higher
				education participating in the student loan program under this title that is
				most cost-effective for taxpayers, a Student Aid Reward Payment, in an amount
				determined in accordance with
				subsection (c), to encourage the
				institution to participate in that student loan program;
						(2)require each institution of higher
				education receiving a payment under this section to provide student loans under
				such student loan program for a period of 5 years after the date the first
				payment is made under this section;
						(3)where appropriate, require that funds paid
				to institutions of higher education under this section be used to award
				students a supplement to such students’ Federal Pell Grants under subpart 1 of
				part A;
						(4)permit such funds to also be used to award
				need-based grants to lower- and middle-income graduate students; and
						(5)encourage all institutions of higher
				education to participate in the Student Aid Reward Program under this
				section.
						(c)AmountThe amount of a Student Aid Reward Payment
				under this section shall be not less than 50 percent of the savings to the
				Federal Government generated by the institution of higher education’s
				participation in the student loan program under this title that is most
				cost-effective for taxpayers instead of the institution’s participation in the
				student loan program that is not most cost-effective for taxpayers.
					(d)Trigger to
				ensure cost neutrality
						(1)Limit to ensure
				cost neutralityNotwithstanding
				subsection (c), the Secretary shall not
				distribute Student Aid Reward Payments under the Student Aid Reward Program
				that, in the aggregate, exceed the Federal savings resulting from the
				implementation of the Student Aid Reward Program.
						(2)Federal
				savingsIn calculating
				Federal savings, as used in
				paragraph (1), the Secretary shall
				determine Federal savings on loans made to students at institutions of higher
				education that participate in the student loan program under this title that is
				most cost-effective for taxpayers and that, on the date of enactment of this
				section, participated in the student loan program that is not most
				cost-effective for taxpayers, resulting from the difference of—
							(A)the Federal cost of loan volume made under
				the student loan program under this title that is most cost-effective for
				taxpayers; and
							(B)the Federal cost of an equivalent type and
				amount of loan volume made, insured, or guaranteed under the student loan
				program under this title that is not most cost-effective for taxpayers.
							(3)Distribution
				rulesIf the Federal savings
				determined under
				paragraph (2) is not sufficient to
				distribute full Student Aid Reward Payments under the Student Aid Reward
				Program, the Secretary shall—
							(A)first make Student Aid Reward Payments to
				those institutions of higher education that participated in the student loan
				program under this title that is not most cost-effective for taxpayers on the
				date of enactment of this section; and
							(B)with any remaining Federal savings after
				making Student Aid Reward Payments under
				subparagraph (A), make Student Aid
				Reward Payments to the institutions of higher education eligible for a Student
				Aid Reward Payment and not described in
				subparagraph (A) on a pro-rata
				basis.
							(4)Distribution to
				studentsAny institution of
				higher education that receives a Student Aid Reward Payment under this
				section—
							(A)shall distribute, where appropriate, part
				or all of such payment among the students of such institution who are Federal
				Pell Grant recipients by awarding such students a supplemental grant;
				and
							(B)may distribute part of such payment as a
				supplemental grant to graduate students in financial need.
							(5)Estimates,
				adjustments, and carry over
							(A)Estimates and
				adjustmentsThe Secretary
				shall make Student Aid Reward Payments to institutions of higher education on
				the basis of estimates, using the best data available at the beginning of an
				academic or fiscal year. If the Secretary determines thereafter that loan
				program costs for that academic or fiscal year were different than such
				estimate, the Secretary shall adjust by reducing or increasing subsequent
				Student Aid Reward Payments rewards paid to such institutions of higher
				education to reflect such difference.
							(B)Carry
				overAny institution of
				higher education that receives a reduced Student Aid Reward Payment under
				paragraph (3)(B), shall remain
				eligible for the unpaid portion of such institution’s financial reward payment,
				as well as any additional financial reward payments for which the institution
				is otherwise eligible, in subsequent academic or fiscal years.
							(e)DefinitionIn this section:
						(1)Student loan
				program under this title that is most cost-effective for
				taxpayersThe term
				student loan program under this title that is most cost-effective for
				taxpayers means the loan program under part B or D of this title that
				has the lowest overall cost to the Federal Government (including administrative
				costs) for the loans authorized by such parts.
						(2)Student loan
				program under this title that is not most cost-effective for
				taxpayersThe term
				student loan program under this title that is not most cost-effective
				for taxpayers means the loan program under part B or D of this title
				that does not have the lowest overall cost to the Federal Government (including
				administrative costs) for the loans authorized by such
				parts.
						.
		4.Reduction in
			 interest rates
			(a)FFELSection
			 427A(l) of the Higher Education Act of 1965 (20 U.S.C. 1077a(l)) is
			 amended—
				(1)in paragraph
			 (1)—
					(A)by striking
			 or 428C and inserting , 428C, or 428H;
					(B)by striking
			 6.8 percent and inserting 3.4 percent; and
					(C)by adding at the
			 end the following: Notwithstanding subsection (h), with respect to any
			 loan under section 428H for which the first disbursement is made on or after
			 July 1, 2006, the applicable rate of interest shall be 6.8 percent on the
			 unpaid principal balance of the loan.; and
					(2)in paragraph (2),
			 by striking 8.5 percent and inserting 4.25
			 percent.
				(b)Direct
			 loansSection 455(b)(7) of the Higher Education Act of 1965 (20
			 U.S.C. 1087e(b)(7)) is amended—
				(1)in subparagraph
			 (A)—
					(A)by striking
			 and Federal Direct Unsubsidized Stafford Loans;
					(B)by striking
			 6.8 percent and inserting 3.4 percent; and
					(C)by adding at the
			 end the following: Notwithstanding the preceding paragraphs of this
			 subsection, for Federal Direct Unsubsidized Stafford Loans for which the first
			 disbursement is made on or after July 1, 2006, the applicable rate of interest
			 shall be 6.8 percent on the unpaid principal balance of the loan.;
			 and
					(2)in subparagraph
			 (B), by striking 7.9 percent and inserting 4.25
			 percent.
				5.In-school
			 consolidationSection
			 428(b)(7)(A) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(7)(A)) is
			 amended by striking shall begin and all that follows through the
			 period and inserting

				shall
			 begin—(i)the day after 6 months after the
				date the student ceases to carry at least one-half the normal full-time
				academic workload (as determined by the institution); or
				(ii)on an earlier date if the borrower
				requests and is granted a repayment schedule that provides for repayment to
				commence at an earlier
				date.
				.
		6.Consolidation
			 loan changesSection
			 428C(a)(3) of the Higher Education Act of 1965 (20 U.S.C. 1078–3(a)(3)) is
			 amended to read as follows:

				(3)Definition of
				eligible borrowerFor the purpose of this section, the term
				eligible borrower means a borrower who—
					(A)is not subject to
				a judgment secured through litigation with respect to a loan under this title
				or to an order for wage garnishment under section 488A; and
					(B)at the time of
				application for a consolidation loan—
						(i)is in repayment
				status as determined under section 428(b)(7)(A);
						(ii)is in a grace
				period preceding repayment; or
						(iii)is a defaulted
				borrower who has made arrangements to repay the obligation on the defaulted
				loans satisfactory to the holders of the defaulted
				loans.
						.
		7.Reduction of
			 Direct Loan origination feesSection 455(c) of the Higher Education Act
			 of 1965 (20 U.S.C. 1087e(c)) is amended—
			(1)in paragraph (1)—
				(A)by striking 4.0 percent and
			 inserting 3.0 percent; and
				(B)by striking
			 shall and inserting is authorized to; and
				(2)in paragraph
			 (2)—
				(A)in subparagraph
			 (A), by striking 3.0 percent for 4.0
			 percent and inserting 2.0 percent for
			 3.0 percent;
				(B)in subparagraph
			 (B), by striking 2.5 percent for 4.0
			 percent and inserting 1.5 percent for
			 3.0 percent;
				(C)in subparagraph
			 (C), by striking 2.0 percent for 4.0
			 percent and inserting 1.0 percent for
			 3.0 percent;
				(D)in subparagraph
			 (D), by striking 1.5 percent for 4.0
			 percent and inserting 0.5 percent for
			 3.0 percent; and
				(E)in subparagraph
			 (E), by striking 1.0 percent for 4.0
			 percent and inserting 0.0 percent for
			 3.0 percent.
				8.Elimination of
			 exceptional performer status for lenders
			(a)RepealSection
			 428I of the Higher Education Act of 1965 (20 U.S.C. 1078-9) is repealed.
			(b)Conforming
			 amendmentsPart A of title IV of the Higher Education Act of 1965
			 (20 U.S.C.1070 et seq.) is amended—
				(1)in section
			 428(c)(1)—
					(A)by striking
			 subparagraph (D); and
					(B)by redesignating
			 subparagraphs (E) through (H) as subparagraphs (D) and (G), respectively;
			 and
					(2)in section
			 438(b)(5), by striking the matter following subparagraph (B).
				9.Schools as
			 lendersSection 435(d) of the
			 Higher Education Act of 1965 (20 U.S.C. 1085(d)) is amended—
			(1)in paragraph
			 (2)(C), by inserting Federal or after not to
			 supplant,; and
			(2)by adding at the
			 end the following:

					(7)Eligible lender
				trustee use by eligible institutionIn the case of an eligible
				institution that uses an eligible lender trustee for the purpose of qualifying
				as an eligible lender under paragraph (2), such eligible lender trustee shall
				be subject to the requirements of paragraphs (2) through
				(5).
					.
			10.Administrative
			 account for direct loan programSection 458 of the Higher Education Act of
			 1965 (20 U.S.C. 1087h) is amended—
			(1)in subsection (a)—
				(A)by striking paragraphs (2) and (3) and
			 inserting the following:

						(2)Mandatory funds
				for fiscal years 2007 through 2011Each fiscal year there shall
				be available to the Secretary, from funds not otherwise appropriated, funds to
				be obligated for—
							(A)administrative
				costs under this part and part B, including the costs of the direct student
				loan programs under this part; and
							(B)account
				maintenance fees payable to guaranty agencies under part B and calculated in
				accordance with subsection (b),
							not to exceed (from such funds not
				otherwise appropriated) $904,000,000 in fiscal year 2007, $943,000,000 in
				fiscal year 2008, $983,000,000 in fiscal year 2009, $1,023,000,000 in fiscal
				year 2010, $1,064,000,000 in fiscal year 2011, and $1,106,000,000 in fiscal
				year
				2012.;
				(B)by redesignating
			 paragraphs (4) and (5) as paragraphs (3) and (4), respectively; and
				(C)in paragraph (3)
			 (as redesignated in subparagraph (B)), by striking paragraph (3)
			 and inserting paragraph (2); and
				(2)in subsection
			 (b), by striking (a)(3) and inserting
			 (a)(2).
			11.Income
			 contingent repayment for public sector employeesSection 455(e) of the Higher Education Act
			 of 1965 (20 U.S.C. 1087e(e)) is amended by adding at the end the
			 following:

				(7)Repayment plan
				for public sector employees
					(A)In
				generalThe Secretary shall forgive the balance due on any loan
				made under this part or section 428C(b)(5) for a borrower—
						(i)who has made 120
				payments on such loan pursuant to income contingent repayment; and
						(ii)who is employed,
				and was employed for the 10-year period in which the borrower made the 120
				payments described in clause (i), in a public sector job.
						(B)Public sector
				jobIn this paragraph, the term public sector job
				means a full-time job in emergency management, government, public safety, law
				enforcement, public health, education (including early childhood education), or
				public interest legal services (including prosecution or public
				defense).
					(8)Return to
				standard repaymentA borrower who is repaying a loan made under
				this part pursuant to income contingent repayment may choose, at any time, to
				terminate repayment pursuant to income contingent repayment and repay such loan
				under the standard repayment
				plan.
				.
		12.Definitions of
			 partial financial hardship and economic hardship
			(a)Partial
			 financial hardshipSection 435 of the Higher Education Act of
			 1965 (20 U.S.C. 1085) is amended by inserting after subsection (m) the
			 following:

					(n)Partial
				financial hardshipFor purposes of this part and part E, the term
				partial financial hardship means the amount by which the
				borrower's annual Federal educational debt burden exceeds 15 percent of the
				difference between—
						(1)the borrower's
				adjusted gross income; and
						(2)the poverty line
				applicable to the borrower's family size as determined under section 673(2) of
				the Community Services Block Grant
				Act.
						.
			(b)Economic
			 hardshipSection 435(o) of
			 the Higher Education Act of 1965 (20 U.S.C. 1085(o)) is amended—
				(1)in paragraph
			 (1)—
					(A)in subparagraph
			 (A)(ii), by striking 100 percent of the poverty line for a family of
			 2 and inserting 150 percent of the poverty line applicable to
			 the borrower's family size;
					(B)by striking
			 subparagraph (B); and
					(C)by redesignating
			 subparagraph (C) as subparagraph (B); and
					(2)in paragraph (2),
			 by striking (1)(C) and inserting (1)(B).
				13.Deferrals
			(a)FISLSection
			 427(a)(2)(C) of the Higher Education Act of 1965 (20 U.S.C. 1077(a)(2)(C)) is
			 amended to read as follows:

					(C)provides that—
						(i)periodic installments of principal need not
				be paid, but interest shall accrue and be paid, during any period—
							(I)during which the
				borrower—
								(aa)is
				pursuing at least a half-time course of study as determined by an eligible
				institution; or
								(bb)is
				pursuing a course of study pursuant to a graduate fellowship program approved
				by the Secretary, or pursuant to a rehabilitation training program for
				individuals with disabilities approved by the Secretary,
								except
				that no borrower shall be eligible for a deferment under this clause, or a loan
				made under this part (other than a loan made under section 428B or 428C), while
				serving in a medical internship or residency program;(II)not in excess of
				3 years during which the borrower is seeking and unable to find full-time
				employment; or
							(III)during which
				the borrower has, or will have, an economic hardship described in section
				435(o), as determined by the lender in accordance with regulations prescribed
				by the Secretary under such section; and
							(ii)during any
				period during which a borrower has, or will have, a partial financial hardship
				defined in section 435(n), as determined by the lender in accordance with
				regulations prescribed by the Secretary under such section, the
				borrower—
							(I)need only pay the
				portion of the periodic installments of principal and interest that exceeds the
				borrower's partial financial hardship for such period; and
							(II)may defer the
				remaining amount of principal and interest (which interest shall continue to
				accrue) for such period,
							and provides that any such period
				shall not be included in determining the 10-year period described in
				subparagraph
				(B);.
			(b)Interest
			 subsidiesSection
			 428(b)(1)(M) of the Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is
			 amended to read as follows:

					(M)provides that—
						(i)periodic installments of principal need not
				be paid, but interest shall accrue and be paid by the Secretary, during any
				period—
							(I)during which the
				borrower—
								(aa)is
				pursuing at least a half-time course of study as determined by an eligible
				institution, except that no borrower, notwithstanding the provisions of the
				promissory note, shall be required to borrow an additional loan under this
				title in order to be eligible to receive a deferment under this clause;
				or
								(bb)is
				pursuing a course of study pursuant to a graduate fellowship program approved
				by the Secretary, or pursuant to a rehabilitation training program for disabled
				individuals approved by the Secretary,
								except
				that no borrower shall be eligible for a deferment under this clause, or loan
				made under this part (other than a loan made under 428B or 428C), while serving
				in a medical internship or residency program;(II)not in excess of
				3 years during which the borrower is seeking and unable to find full-time
				employment, except that no borrower who provides evidence of eligibility for
				unemployment benefits shall be required to provide additional paperwork for a
				deferment under this clause;
							(III)not in excess
				of 3 years during which the borrower—
								(aa)is
				serving on active duty during a war or other military operation or national
				emergency; or
								(bb)is
				performing qualifying National Guard duty during a war or other military
				operation or national emergency; or
								(IV)during which the
				borrower has, or will have, an economic hardship described in section 435(o),
				as determined by the lender in accordance with regulations prescribed by the
				Secretary under such section; and
							(ii)during any
				period during which a borrower has, or will have, a partial financial hardship
				defined in section 435(n), as determined by the lender in accordance with
				regulations prescribed by the Secretary under such section, a portion of the
				periodic installments of principal and interest need not be paid as
				follows:
							(I)the Secretary
				shall first pay the portion of the periodic installments of interest due that
				does not exceed the borrower's partial financial hardship for such period, and
				any amount of interest due in excess of the borrower's partial financial
				hardship for such period shall be paid by the borrower; and
							(II)the borrower
				shall pay the periodic installments of principal due for such period, reduced
				by the difference between the partial financial hardship and the amount of
				interest paid under subclause
				(I);
							.
			(c)Direct
			 loansSection 455(f) of the Higher Education Act of 1965 (20
			 U.S.C. 1087e(f)) is amended—
				(1)in paragraph
			 (2)(D), by striking not in excess of 3 years; and
				(2)by adding at the
			 end the following:

						(5)Partial
				financial hardship defermentDuring any period during which a
				borrower has, or will have, a partial financial hardship defined in section
				435(n), as determined by the Secretary in accordance with regulations
				prescribed under such section, a portion of the periodic installments of
				principal and interest need not be paid as follows:
							(A)In the case of a
				Federal Direct Stafford Loan, a Federal Direct Consolidation Loan that
				consolidated only Federal Direct Stafford Loans, or a combination of such loans
				and Federal Stafford Loans for which the student borrower received an interest
				subsidy under section 428—
								(i)the amount of
				interest for such period that does not exceed the borrower's partial financial
				hardship shall not accrue, and any amount of interest due in excess of the
				borrower's partial financial hardship shall be capitalized or be paid by the
				borrower; and
								(ii)the borrower
				shall pay the periodic installments of principal due for such period, reduced
				by the difference between the partial financial hardship and the amount of
				interest paid under clause (i).
								(B)In the case of a
				Federal Direct PLUS Loan, a Federal Direct Unsubsidized Stafford Loan, or a
				Federal Direct Consolidation Loan not described in subparagraph (A)—
								(i)the amount of
				interest and principal that equals the borrower's partial financial hardship
				for such period need not be paid but may be deferred or capitalized by the
				borrower; and
								(ii)any amount of
				interest or principal due in excess of the borrower's partial financial
				hardship for such period shall be paid by the
				borrower.
								.

				(d)PerkinsSection
			 464(c) of the Higher Education Act of 1965 (20 U.S.C. 1087dd(c)) is
			 amended—
				(1)by striking
			 paragraph (2)(A)(iv) and inserting the following:

						(iv)during which the borrower has, or will
				have, an economic hardship described in section 435(o), as determined by the
				lender in accordance with regulations prescribed by the Secretary under such
				section; or
						;
				and
				(2)by adding at the
			 end the following:

						(8)Partial financial hardship
				defermentDuring any period during which a borrower has, or will
				have, a partial financial hardship defined in section 435(n), as determined by
				the lender in accordance with regulations prescribed by the Secretary under
				such section, a portion of the periodic installments of principal and interest
				need not be paid as follows:
							(A)the Secretary shall first pay the
				periodic installments of interest due for such period that does not exceed the
				borrower's partial financial hardship, and any amount of interest due in excess
				of the borrower's partial financial hardship shall be paid by the borrower;
				and
							(B)the borrower shall pay the periodic
				installments of principal due reduced by the difference between the partial
				financial hardship and the amount of interest paid under subparagraph
				(A).
							.
				14.Maximum
			 repayment periodSection
			 455(e) of the Higher Education Act of 1965 (20 U.S.C. 1087e(e)) is amended by
			 adding at the end the following:

				(7)Maximum
				repayment periodIn calculating the extended period of time for
				which an income contingent repayment plan under this subsection may be in
				effect for a borrower, the Secretary shall include all time periods during
				which a borrower of loans under part B, part D, or part E—
					(A)is not in default
				on any loan that is included in the income contingent repayment plan;
				and
					(B)(i)qualifies for economic
				hardship described in section 435(o);
						(ii)has a partial financial hardship
				defined in section 435(n);
						(iii)makes payments under a standard
				repayment plan described in section 428(b)(9)(A)(i) or 455(d)(1)(A), or
						(iv)makes payments under an extended
				repayment plan described in section 428(b)(9)(A)(iv) or
				455(d)(1)(C).
						.
		15.Increase in
			 consolidation loan lender fees
			(a)AmendmentParagraph (2) of section 438(d) (20 U.S.C.
			 1087–1(d)) is amended to read as follows:

					(2)Amount of loan
				fees
						(A)In
				generalExcept as provided in subparagraph (B), with respect to
				any loan made under this part for which the first disbursement was made on or
				after October 1, 1993, the amount of the loan fee that shall be deducted under
				paragraph (1) shall be equal to 0.50 percent of the principal amount of the
				loan.
						(B)Consolidation
				loansWith respect to any loan made under section 428C on or
				after April 1, 2006, the amount of the loan fee that shall be deducted under
				paragraph (1) shall be equal to 1.0 percent of the principal amount of the
				loan.
						.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply with
			 respect to any loan made, insured, or guaranteed under part B of title IV of
			 the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) for which the first
			 disbursement is made on or after April 1, 2006.
			16.College tuition
			 deduction and credit for interest on higher education loans
			(a)Expansion of
			 deduction for higher education expenses
				(1)Amount of
			 deductionSubsection (b) of
			 section 222 of the Internal Revenue Code of 1986 (relating to deduction for
			 qualified tuition and related expenses) is amended to read as follows:

						(b)Limitations
							(1)Dollar
				limitations
								(A)In
				generalExcept as provided in
				paragraph (2), the amount allowed as a deduction under subsection (a) with
				respect to the taxpayer for any taxable year shall not exceed the applicable
				dollar limit.
								(B)Applicable
				dollar limitThe applicable
				dollar limit for any taxable year shall be determined as follows:

												Applicable

												Taxable year:dollar amount:

												2006$8,000

												2007 and thereafter$12,000.

								(2)Limitation
				based on modified adjusted gross income
								(A)In
				generalThe amount which
				would (but for this paragraph) be taken into account under subsection (a) shall
				be reduced (but not below zero) by the amount determined under subparagraph
				(B).
								(B)Amount of
				reductionThe amount
				determined under this subparagraph equals the amount which bears the same ratio
				to the amount which would be so taken into account as—
									(i)the excess of—
										(I)the taxpayer’s modified adjusted gross
				income for such taxable year, over
										(II)$65,000 ($130,000 in the case of a joint
				return), bears to
										(ii)$15,000 ($30,000 in the case of a joint
				return).
									(C)Modified
				adjusted gross incomeFor
				purposes of this paragraph, the term modified adjusted gross
				income means the adjusted gross income of the taxpayer for the taxable
				year determined—
									(i)without regard to this section and sections
				199, 911, 931, and 933, and
									(ii)after the application of sections 86, 135,
				137, 219, 221, and 469.
									For purposes of the sections
				referred to in clause (ii), adjusted gross income shall be determined without
				regard to the deduction allowed under this section.(D)Inflation
				adjustments
									(i)In
				generalIn the case of any
				taxable year beginning in a calendar year after 2006, both of the dollar
				amounts in subparagraph (B)(i)(II) shall be increased by an amount equal
				to—
										(I)such dollar amount, multiplied by
										(II)the cost-of-living adjustment determined
				under section 1(f)(3) for the calendar year in which the taxable year begins,
				by substituting calendar year 2005 for calendar year
				1992 in subparagraph (B) thereof.
										(ii)RoundingIf any amount as adjusted under clause (i)
				is not a multiple of $50, such amount shall be rounded to the nearest multiple
				of
				$50.
									.
				(2)Qualified
			 tuition and related expenses of eligible students
					(A)In
			 generalSection 222(a) of the
			 Internal Revenue Code of 1986 (relating to allowance of deduction) is amended
			 by inserting of eligible students after
			 expenses.
					(B)Definition of
			 eligible studentSection
			 222(d) of such Code (relating to definitions and special rules) is amended by
			 redesignating paragraphs (2) through (6) as paragraphs (3) through (7),
			 respectively, and by inserting after paragraph (1) the following new
			 paragraph:

							(2)Eligible
				studentThe term
				eligible student has the meaning given such term by section
				25A(b)(3).
							.
					(3)Deduction made
			 permanentTitle IX of the
			 Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset
			 of provisions of such Act) shall not apply to the amendments made by section
			 431 of such Act.
				(4)Effective
			 dateThe amendments made by
			 this subsection shall apply to payments made in taxable years beginning after
			 December 31, 2005.
				(b)Credit for
			 interest on higher education loans
				(1)In
			 generalSubpart A of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 nonrefundable personal credits) is amended by inserting after section 25D the
			 following new section:

						25E.Interest on higher
				education loans
							(a)Allowance of
				creditIn the case of an
				individual, there shall be allowed as a credit against the tax imposed by this
				chapter for the taxable year an amount equal to the interest paid by the
				taxpayer during the taxable year on any qualified education loan.
							(b)Maximum
				credit
								(1)In
				generalExcept as provided in
				paragraph (2), the credit allowed by subsection (a) for the taxable year shall
				not exceed $1,500.
								(2)Limitation
				based on modified adjusted gross income
									(A)In
				generalIf the modified
				adjusted gross income of the taxpayer for the taxable year exceeds $50,000
				($100,000 in the case of a joint return), the amount which would (but for this
				paragraph) be allowable as a credit under this section shall be reduced (but
				not below zero) by the amount which bears the same ratio to the amount which
				would be so allowable as such excess bears to $20,000 ($40,000 in the case of a
				joint return).
									(B)Modified
				adjusted gross incomeThe
				term modified adjusted gross income means adjusted gross income
				determined without regard to sections 199, 222, 911, 931, and 933.
									(C)Inflation
				adjustmentIn the case of any
				taxable year beginning after 2006, the $50,000 and $100,000 amounts referred to
				in subparagraph (A) shall be increased by an amount equal to—
										(i)such dollar amount, multiplied by
										(ii)the cost-of-living adjustment determined
				under section (1)(f)(3) for the calendar year in which the taxable year begins,
				by substituting 2005 for 1992.
										(D)RoundingIf any amount as adjusted under
				subparagraph (C) is not a multiple of $50, such amount shall be rounded to the
				nearest multiple of $50.
									(c)Dependents not
				eligible for creditNo credit
				shall be allowed by this section to an individual for the taxable year if a
				deduction under section 151 with respect to such individual is allowed to
				another taxpayer for the taxable year beginning in the calendar year in which
				such individual’s taxable year begins.
							(d)Limit on period
				credit allowedA credit shall
				be allowed under this section only with respect to interest paid on any
				qualified education loan during the first 60 months (whether or not
				consecutive) in which interest payments are required. For purposes of this
				paragraph, any loan and all refinancings of such loan shall be treated as 1
				loan.
							(e)DefinitionsFor purposes of this section—
								(1)Qualified
				education loanThe term
				qualified education loan has the meaning given such term by
				section 221(d)(1).
								(2)DependentThe term dependent has the
				meaning given such term by section 152.
								(f)Special
				rules
								(1)Denial of
				double benefitNo credit
				shall be allowed under this section for any amount taken into account for any
				deduction under any other provision of this chapter.
								(2)Married couples
				must file joint returnIf the
				taxpayer is married at the close of the taxable year, the credit shall be
				allowed under subsection (a) only if the taxpayer and the taxpayer’s spouse
				file a joint return for the taxable year.
								(3)Marital
				statusMarital status shall
				be determined in accordance with section
				7703.
								.
				(2)Conforming
			 amendmentThe table of
			 sections for subpart A of part IV of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by inserting after the item relating to section
			 25D the following new item:

							Sec. 25E. Interest on higher
				education
				loans.

						.
				(3)Effective
			 dateThe amendments made by
			 this section shall apply to any qualified education loan (as defined in section
			 25E(e)(1) of the Internal Revenue Code of 1986, as added by this section)
			 incurred on, before, or after the date of the enactment of this Act, but only
			 with respect to any loan interest payment due after December 31, 2005.


113 HR 1746 IH: Truth in Employment Act of 2013
U.S. House of Representatives
2013-04-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1746
		IN THE HOUSE OF REPRESENTATIVES

			April 25, 2013
			Mr. King of Iowa
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To amend the National Labor Relations Act to protect
		  employer rights.

		1.Short titleThis Act may be cited as the
			 Truth in Employment Act of
			 2013.
		2.Findings and
			 purposes
			(a)FindingsCongress finds the following:
				(1)An atmosphere of
			 trust and civility in labor-management relationships is essential to a
			 productive workplace and a healthy economy.
				(2)The tactic of
			 using professional union organizers and agents to infiltrate a targeted
			 employer’s workplace, a practice commonly referred to as salting
			 has evolved into an aggressive form of harassment not contemplated when the
			 National Labor Relations Act was enacted and threatens the balance of rights
			 which is fundamental to our system of collective bargaining.
				(3)Increasingly,
			 union organizers are seeking employment with nonunion employers not because of
			 a desire to work for such employers but primarily to organize the employees of
			 such employers or to inflict economic harm specifically designed to put
			 nonunion competitors out of business, or to do both.
				(4)While no employer
			 may discriminate against employees based upon the views of employees concerning
			 collective bargaining, an employer should have the right to expect job
			 applicants to be primarily interested in utilizing the skills of the applicants
			 to further the goals of the business of the employer.
				(b)PurposesThe
			 purposes of this Act are—
				(1)to preserve the
			 balance of rights between employers, employees, and labor organizations which
			 is fundamental to our system of collective bargaining;
				(2)to preserve the
			 rights of workers to organize, or otherwise engage in concerted activities
			 protected under the National Labor Relations Act; and
				(3)to alleviate
			 pressure on employers to hire individuals who seek or gain employment in order
			 to disrupt the workplace of the employer or otherwise inflict economic harm
			 designed to put the employer out of business.
				3.Protection of
			 employer rightsSection 8(a)
			 of the National Labor Relations Act (29 U.S.C. 158(a)) is amended by adding
			 after and below paragraph (5) the following:

				Nothing in
				this subsection shall be construed as requiring an employer to employ any
				person who seeks or has sought employment with the employer in furtherance of
				other employment or agency
				status..


117 HR 446 : Protecting Seniors from Emergency Scams Act
U.S. House of Representatives
2021-04-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB117th CONGRESS1st SessionH. R. 446IN THE SENATE OF THE UNITED STATESApril 19, 2021 Received; read twice and referred to the Committee on Commerce, Science, and TransportationAN ACTTo require the Federal Trade Commission to submit a report to Congress on scams targeting seniors, and for other purposes.1.Short titleThis Act may be cited as the Protecting Seniors from Emergency Scams Act.2.FTC report on scams targeting seniors during emergenciesNot later than 30 days after the date of enactment of this Act, the Federal Trade Commission (referred to in this Act as the Commission) shall submit a report to Congress including—(1)a description of the number and types of scams identified by the Commission as being targeted at senior citizens; and(2)policy recommendations to prevent such scams, especially as such scams relate to future national emergencies.3.Increasing awareness of scams targeting seniors(a)In generalAs soon as practicable after the date of enactment of this Act, the Commission shall update its web portal to include the latest information, searchable by region and type of scam, on scams targeting seniors, including contacts for relevant law enforcement and adult protective service agencies. (b)Coordination with media outlets and law enforcementThe Commission shall work with media outlets and law enforcement to distribute the information included in the web portal of the Commission pursuant to subsection (a) to senior citizens and their families and caregivers. Passed the House of Representatives April 15, 2021.Cheryl L. Johnson,Clerk


114 HR 5069 IH: Cybersecurity Systems and Risks Reporting Act
U.S. House of Representatives
2016-04-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 5069
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2016
			Mr. McDermott introduced the following bill; which was referred to the Committee on Financial Services

		A BILL
		To amend the Sarbanes-Oxley Act of 2002 to protect investors by expanding the mandated internal
			 controls reports and disclosures to include cybersecurity systems and
			 risks of publicly traded companies.

 1.Short titleThis Act may be cited as the Cybersecurity Systems and Risks Reporting Act. 2.Cybersecurity and information system requirements (a)DefinitionsSection 2(a) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7201(a)) is amended—
 (1)in paragraph (2), by inserting after financial statements the following: and information systems; (2)in paragraph (3)(A), by striking and financial and inserting , financial, and cybersecurity systems;
 (3)in paragraph (10)(B), by inserting after quality control policies and procedures, the following: cybersecurity systems standards and practices,; and (4)by adding at the end the following:

 (18)Information systemThe term information system means a set of activities, involving people, processes, data, or technology, which enable the issuer to obtain, generate, use, and communicate transactions and information to maintain accountability and measure and review the issuer’s performance or progress towards achievement of objectives.
 (19)Cybersecurity systemThe term cybersecurity system means a set of activities or state, involving people, processes, data or technology, whereby the protection of an information system of the issuer is secured from, or defended against, damage, unauthorized use or modification, misdirection, disruption or exploitation.
 (20)Cybersecurity riskThe term cybersecurity risk means a significant vulnerability to, or a significant deficiency in, the security and defense activities of a cybersecurity system..
 (b)Corporate responsibilitySection 302 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7241) is amended— (1)in the heading of such section, by inserting after REPORTS the following: AND INFORMATION SYSTEMS; and
 (2)in subsection (a)— (A)by striking and the principal financial officer or officers, and inserting , the principal financial officer or officers, and the principal cybersecurity systems officer or officers;
 (B)in paragraph (4), by striking internal controls each place such term appears and inserting internal controls and cybersecurity systems; (C)in paragraph (5)—
 (i)in subparagraph (A)— (I)by inserting after operation of internal controls the following: and cybersecurity systems; and
 (II)by inserting before the semicolon the following: and any significant cybersecurity risks in issuer's information systems; and (ii)in subparagraph (B), by inserting before the semicolon the following: , cybersecurity systems, or information systems; and
 (D)in paragraph (6)— (i)by striking internal controls each place such term appears and inserting internal controls, cybersecurity systems, or information systems; and
 (ii)by striking significant deficiencies and inserting cybersecurity risks, significant deficiencies,. (c)Management assessmentSection 404 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262) is amended—
 (1)in the heading of such section, by inserting after CONTROLS the following: AND INFORMATION SYSTEMS; (2)in subsection (a)—
 (A)by inserting after contain an internal control the following: and information systems; (B)in paragraph (1), by striking an adequate internal control structure and procedures for financial reporting and inserting adequate internal control and cybersecurity systems structures and procedures for financial and information systems reporting; and
 (C)by amending paragraph (2) to read as follows:  (2)contain assessments, as of the end of the most recent fiscal year of the issuer, of the effectiveness of—
 (A)the internal control structure and procedures of the issuer for financial reporting; and (B)the cybersecurity systems structure of the issuer.; and
 (3)in subsection (b)— (A)in the heading of such subsection, by inserting after Internal Control the following; and Cybersecurity Systems; and
 (B)by striking internal control assessment and inserting internal control and cybersecurity system structure assessments. (d)Disclosure of expertSection 407 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7265) is amended—
 (1)in the heading of such section, by striking EXPERT and inserting AND CYBERSECURITY SYSTEMS EXPERTS; (2)in subsection (a)—
 (A)in the heading of such subsection, by striking Expert and inserting and Cybersecurity Experts; and (B)by striking , as such term is defined by the Commission and inserting and at least 1 member who is a cybersecurity systems expert, as such terms are defined by the Commission in consultation with the Secretary of Homeland Security and the Secretary of Commerce; and
 (3)by striking subsection (c) and inserting the following:  (c)Considerations with respect to cybersecurity expertsIn defining the term cybersecurity expert for purposes of subsection (a), the Commission shall, in consultation with the Secretary of Homeland Security and the Secretary of Commerce, consider whether a person has, through education or experience as an information technology officer or information systems security officer, or from a position involving the performance of similar functions—
 (1)an understanding of generally accepted principles, practices, and law relating to computer security, computer network security, and data security and privacy;
 (2)experience in— (A)the preparation of information systems audits for cybersecurity risk discovery; and
 (B)the maintenance, implementation, and monitoring of information systems and their cybersecurity systems;
 (3)experience with information systems aspects of internal accounting controls; and (4)an understanding of audit committee functions..
 (e)Enhanced reviewSection 408 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7265) is amended— (1)in subsection (a), by striking financial statement and inserting financial, information systems, and cybersecurity systems statements; and
 (2)in subsection (b)— (A)in paragraph (5), by striking and at the end;
 (B)by redesignating paragraph (6) as paragraph (7); and (C)by inserting after paragraph (5) the following:

 (6)issuers that have issued cybersecurity risks disclosures; and. (f)Clerical amendmentThe table of contents in section 1(b) of the Sarbanes-Oxley Act of 2002 is amended—
 (1)in the item relating to section 302, by inserting after REPORTS the following: AND INFORMATION SYSTEMS; (2)in the item relating to section 404, by inserting after CONTROLS the following: AND INFORMATION SYSTEMS; and
 (3)in the item relating to section 407, by striking EXPERT and inserting AND CYBERSECURITY SYSTEMS EXPERTS.


		I
		111th CONGRESS
		1st Session
		H. R. 3185
		IN THE HOUSE OF REPRESENTATIVES

			July 13, 2009
			Mrs. Capps introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide payment to hospitals for costs of expanded advanced practice nurse
		  training programs.

		1.Medicare payment for costs of
			 expanded advanced practice nurse training programs
			(a)In
			 generalSection 1861(v) of
			 the Social Security Act (42 U.S.C. 1395x(v)) is amended—
				(1)in paragraph (1),
			 by adding at the end the following new subparagraph:

						(V)Such reasonable costs shall include
				hospital costs described in paragraph (9) for expanded advanced nurse practice
				training programs.
						;
				and
				(2)by adding at the
			 end the following new paragraph:

						(9)(A)For purposes of paragraph (1)(V), subject
				to subparagraphs (B) and (C), the costs described in this paragraph are
				educational costs (including faculty salaries, student stipends (if any),
				clinical instruction costs, and other direct and indirect costs) of a hospital
				and affiliated schools and settings described in clause (ii)) attributable to
				the training of advanced practice nurses—
								(i)with the skills necessary to provide
				primary and preventive care, transitional care, chronic care management, and
				other nursing services appropriate for the population under this title;
				and
								(ii)through affiliation with one or more
				accredited schools of nursing (as defined in section 801 of the Public Health
				Service Act) and in partnership with two or more non-hospital community-based
				care settings where at least half of all clinical training occurs.
								The Secretary may waive the community-based setting
				requirement under clause (ii) for clinical training of advanced practice
				registered nurses, such as certified registered nurse anesthetists and
				certified nurse-midwives, in rural and medically underserved areas.(B)Costs under this paragraph are limited to
				costs attributable to an increase in the enrollment and the number of advanced
				practice nurse graduates in each education or training program over the
				comparable average number from 2006 to 2010 (as determined by the Secretary)
				but shall not be offset or take into account tuition, fees, or State or local
				government appropriations. The proportion of such costs paid under this
				paragraph shall be determined based on the proportion of the total inpatient
				days of the hospital attributable to this title.
							(C)No payment shall be made under this
				paragraph to a hospital unless the hospital has in effect an agreement with the
				schools of nursing and settings described in subparagraph (A)(ii) to pay from
				such payment to such a school or setting (through the school when the setting
				is arranged through the school) the costs of educational activities described
				in subparagraph (A) attributable to each.
							(D)In this paragraph, the term
				advanced practice nurse includes a clinical nurse specialist,
				nurse practitioner, certified registered nurse anesthetist, and certified nurse
				midwife.
							.
				(b)Effective
			 dateThe amendments made by subsection (a) shall apply to costs
			 incurred on or after January 1, 2012.


		II
		110th CONGRESS
		2d Session
		S. 2566
		IN THE SENATE OF THE UNITED STATES

			January 29, 2008
			Mr. Isakson (for
			 himself, Mr. Gregg,
			 Mr. Allard, Mr.
			 Chambliss, and Mr. Craig)
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  Federal income tax credit for certain home purchases.

		1.Credit for certain home
			 purchases
			(a)Allowance of
			 creditSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to refundable credits) is amended by
			 inserting after section 25D the following new section:

					25E.Credit for
				certain home purchases
						(a)Allowance of
				credit
							(1)In
				generalIn the case of an individual who is a purchaser of a
				qualified principal residence during the taxable year, there shall be allowed
				as a credit against the tax imposed by this chapter an amount equal to so much
				of the purchase price of the residence as does not exceed $15,000.
							(2)Allocation of
				credit amountThe amount of the credit allowed under paragraph
				(1) shall be equally divided among the 3 taxable years beginning with the
				taxable year in which the purchase of the qualified principal residence is
				made.
							(b)Limitations
							(1)Date of
				purchaseThe credit allowed under subsection (a) shall be allowed
				only with respect to purchases made—
								(A)after February
				29, 2008, and
								(B)before March 1,
				2009.
								(2)Limitation
				based on amount of taxIn the case of a taxable year to which
				section 26(a)(2) does not apply, the credit allowed under subsection (a) for
				any taxable year shall not exceed the excess of—
								(A)the sum of the
				regular tax liability (as defined in section 26(b)) plus the tax imposed by
				section 55, over
								(B)the sum of the
				credits allowable under this subpart (other than this section) for the taxable
				year.
								(3)One-time
				only
								(A)In
				generalIf a credit is allowed under this section in the case of
				any individual (and such individual's spouse, if married) with respect to the
				purchase of any qualified principal residence, no credit shall be allowed under
				this section in any taxable year with respect to the purchase of any other
				qualified principal residence by such individual or a spouse of such
				individual.
								(B)Joint
				purchaseIn the case of a purchase of a qualified principal
				residence by 2 or more unmarried individuals or by 2 married individuals filing
				separately, no credit shall be allowed under this section if a credit under
				this section has been allowed to any of such individuals in any taxable year
				with respect to the purchase of any other qualified principal residence.
								(c)Qualified
				principal residence
							(1)In
				generalFor purposes of this section, the term qualified
				principal residence means an eligible single-family residence that is
				purchased to be the principal residence of the purchaser.
							(2)Eligible
				single-family residence
								(A)In
				generalFor purposes of this subsection, the term eligible
				single-family residence means a single-family structure that is—
									(i)a
				new previously unoccupied residence for which a building permit is issued and
				construction begins on or before September 1, 2007,
									(ii)an
				owner-occupied residence with respect to which the owner's acquisition
				indebtedness (as defined in section 163(h)(3)(B), determined without regard to
				clause (ii) thereof) is in default on or before March 1, 2008, or
									(iii)a residence
				with respect to which a foreclosure event has taken place and which is owned by
				the mortgagor or the mortgagor's agent.
									(B)CertificationIn
				the case of an eligible single-family residence described in subparagraph
				(A)(i), no credit shall be allowed under this section unless the purchaser
				submits a certification by the seller of such residence that such residence
				meets the requirements of such subparagraph.
								(d)Denial of
				double benefitNo credit shall be allowed under this section for
				any purchase for which a credit is allowed under section 1400C.
						(e)Special
				rules
							(1)Joint
				purchase
								(A)Married
				individuals filing separatelyIn the case of 2 married
				individuals filing separately, subsection (a) shall be applied to each such
				individual by substituting $7,500 for $15,000 in
				subsection (a)(1).
								(B)Unmarried
				individualsIf 2 or more individuals who are not married purchase
				a qualified principal residence, the amount of the credit allowed under
				subsection (a) shall be allocated among such individuals in such manner as the
				Secretary may prescribe, except that the total amount of the credits allowed to
				all such individuals shall not exceed $15,000.
								(2)PurchaseIn
				defining the purchase of a qualified principal residence, rules similar to the
				rules of paragraphs (2) and (3) of section 1400C(e) (as in effect on the date
				of the enactment of this section) shall apply.
							(3)Reporting
				requirementRules similar to the rules of section 1400C(f) (as so
				in effect) shall apply.
							(f)Basis
				adjustmentFor purposes of this subtitle, if a credit is allowed
				under this section with respect to the purchase of any residence, the basis of
				such residence shall be reduced by the amount of the credit so
				allowed.
						.
			(b)Clerical
			 amendmentThe table of sections for subpart A of part IV of
			 subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
			 inserting after the item relating to section 25D the following new item:

						Sec. 25E. Credit for certain home
				purchases.

					.


115 HR 4327 IH: Current Employee Representation Act
U.S. House of Representatives
2017-11-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4327IN THE HOUSE OF REPRESENTATIVESNovember 9, 2017Mr. Francis Rooney of Florida (for himself, Mr. Wilson of South Carolina, Mr. Byrne, Mr. Rokita, Mr. Garrett, Mr. Dunn, Mr. Norman, Mr. Perry, Mr. Rogers of Alabama, Mr. Budd, Mr. Yoho, Mr. Ferguson, and Mr. Meadows) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the National Labor Relations Act to provide that a question of representation affecting
			 commerce shall exist when a petitioner establishes that fewer than 50
			 percent of the current bargaining unit members had the opportunity to vote
			 in a certification election covering their bargaining unit or no
			 certification election was conducted, and for other purposes.

 1.Short titleThis Act may be cited as the Current Employee Representation Act. 2.Filing and treatment of petitions for certification of bargaining representative (a)Petition describedSection 9(c)(1) of the National Labor Relations Act (29 U.S.C. 159(c)(1)) is amended—
 (1)in subparagraph (A), by striking or at the end; (2)in subparagraph (B), by adding or at the end; and
 (3)by inserting after subparagraph (B) the following new subparagraph:  (C)by an employee or a group of employees or any individual or labor organization acting in their behalf, or an employer, alleging that the labor organization that has been certified or is currently recognized by the employer as the bargaining representative is no longer a representative as defined in subsection (a), if—
 (i)fewer than 50 percent of the members of the bargaining unit in question had an opportunity to vote in the certification election that resulted in certifying the labor organization then recognized as the bargaining representative for such unit; or
 (ii)no certification election was conducted regarding such unit;. (b)Existence of question of representationSection 9(c)(2) of the National Labor Relations Act (29 U.S.C. 159(c)(2)) is amended by adding at the end the following: When a petition is filed under paragraph (1)(C), a question of representation affecting commerce exists if the petitioner establishes the existence of the circumstances described in paragraph (1)(C)(i) or paragraph (1)(C)(ii)..


113 HRES 443 IH: Expressing the sense of the House of Representatives regarding the September 23, 2013, decision of the Dominican Republic Constitutional Court that places hundreds of thousands of Dominican born persons at risk of statelessness.
U.S. House of Representatives
2013-12-12
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.

IV113th CONGRESS1st SessionH. RES. 443IN THE HOUSE OF REPRESENTATIVESDecember 12, 2013Mr. Meeks (for himself, Mr. Conyers, Mr. Lewis, Ms. Wilson of Florida, Ms. Lee of California, Ms. Clarke of New York, and Ms. Waters) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONExpressing the sense of the House of Representatives regarding the September 23, 2013, decision of the Dominican Republic Constitutional Court that places hundreds of thousands of Dominican born persons at risk of statelessness.Whereas international norms on statelessness are guided by Article 15 of the Universal Declaration of Human Rights that states, No one shall be arbitrarily deprived of his or her nationality;Whereas understanding the broad reaching affects of statelessness on the United States and the global community, the United States cosponsored a resolution on the right to nationality for women and children at the 20th session of the United Nations Human Rights Council in Geneva, Switzerland;Whereas the Dominican Republic Constitutional Court ruling 168 pronounced that all individuals of migrant background born in the Dominican Republic since 1929 must be transferred to a list that will be examined on an individual basis to determine if their parents were undocumented, thereby calling into question the legal status of children born to said parents regardless of any previously established Dominican citizenship of these children;Whereas the majority of individuals that are subject to this ruling are of Haitian descent;Whereas previously accepted documentation for parents and children may now be called into question and deemed inadequate;Whereas individuals born in the Dominican Republic of Haitian descent whose documentation is rejected could be retroactively stripped of Dominican citizenship under the government’s regularization plan, resulting in arbitrary deprivation of nationality in violation of international law;Whereas a stateless person is someone who under national laws is not recognized as a citizen and does not enjoy the legal bond between an individual and the government of a country;Whereas statelessness is a problem that expands beyond the borders within which it exists and has regional and global implications, including heightened vulnerability to trafficking in persons, forcible displacement, social exclusion, and sexual and physical violence;Whereas Executive Order 327–13 signed by President Medina of the Dominican Republic on November 29, 2013, is a positive step toward regularizing the status of foreigners living in the Dominican Republic, but under the decree Dominicans of Haitian descent stripped of their nationality by decision 168–13 are erroneously deemed to be foreigners;Whereas taking into account Article 8 of Executive Order 327–13 and recognizing President Medina's promise to provide a path to citizenship for all individuals born in the Dominican Republic and stripped of their nationality by decision 168–13, the decree does not take all necessary steps in consultation with civil society to ensure full restoration of nationality for all individuals affected by decision 168–13, whether or not they have been previously registered in the civil registry; andWhereas without recognition of Dominican nationality, persons are denied benefits available to Dominican citizens, including freedom of movement, the right to vote, legally recognized marriage, health insurance, and higher level schooling: Now, therefore, be itThat it is the sense of the House of Representatives that—(1)it is the unequivocal policy of the United States to promote the right to nationality without arbitrary deprivation by any state as articulated in Article 15 of the Universal Declaration of the Human Rights; and(2)the United States Ambassador to the Organization of American States (OAS) in consultation with OAS member states, in particular governments of Caribbean nations, President of the Permanent Council, and the Inter-American Commission, should pursue a multilateral approach to promptly address the potential crisis in the Dominican Republic as a result of that nation’s Constitutional Court ruling on September 23, 2013, that could render hundreds of thousands of Dominican born persons stateless.


116 HR 1504 IH: Know Your Polling Place Act
U.S. House of Representatives
2019-03-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1504IN THE HOUSE OF REPRESENTATIVESMarch 5, 2019Mr. Allred (for himself, Mr. Brown of Maryland, Ms. Sewell of Alabama, Ms. Norton, Mr. Casten of Illinois, Mr. Cohen, and Mr. Johnson of Georgia) introduced the following bill; which was referred to the Committee on House AdministrationA BILLTo amend the Help America Vote Act of 2002 to establish minimum notification requirements for
			 voters affected by polling place changes.

 1.Short titleThis Act may be cited as the Know Your Polling Place Act. 2.Minimum notification requirements for voters affected by polling place changes (a)RequirementsSection 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082) is amended—
 (1)by redesignating subsection (d) as subsection (e); and (2)by inserting after subsection (c) the following new subsection:

						(d)Minimum notification requirements for voters affected by polling place changes
 (1)In generalIf a State assigns an individual who is a registered voter in a State to a polling place with respect to an election for Federal office which is not the same polling place to which the individual was previously assigned with respect to the most recent election for Federal office in the State in which the individual was eligible to vote—
 (A)the State shall notify the individual of the location of the polling place not later than 7 days before the date of the election; or
 (B)if the State makes such an assignment fewer than 7 days before the date of the election and the individual appears on the date of the election at the polling place to which the individual was previously assigned, the State shall make every reasonable effort to enable the individual to vote on the date of the election.
 (2)Effective dateThis subsection shall apply with respect to elections held on or after January 1, 2020.. (b)Conforming amendmentSection 302(e) of such Act (52 U.S.C. 21082(f)), as redesignated by subsection (a), is amended by striking Each State and inserting Except as provided in subsection (d)(2), each State.


		IIA
		Calendar No. 72
		110th CONGRESS
		1st Session
		S. J. RES. 9
		IN THE SENATE OF THE UNITED STATES

			March 8, 2007
			Mr. Reid (for himself,
			 Mr. Durbin, Mr.
			 Schumer, Mrs. Murray,
			 Mr. Biden, Mr.
			 Levin, Mr. Kerry,
			 Mr. Feingold, Mr. Reed, Mr.
			 Kennedy, Mr. Rockefeller,
			 Mrs. Boxer, Mrs. Feinstein, Mrs.
			 Clinton, Mr. Carper,
			 Mr. Akaka, Mr.
			 Baucus, Mr. Bayh,
			 Mr. Bingaman, Mr. Brown, Ms.
			 Cantwell, Mr. Cardin,
			 Mr. Casey, Mr.
			 Dorgan, Mr. Harkin,
			 Mr. Inouye, Ms.
			 Klobuchar, Mr. Kohl,
			 Ms. Landrieu, Mr. Lautenberg, Mr.
			 Leahy, Mrs. Lincoln,
			 Mrs. McCaskill, Mr. Menendez, Ms.
			 Mikulski, Mr. Obama,
			 Mr. Salazar, Mr. Sanders, Ms.
			 Stabenow, Mr. Tester,
			 Mr. Whitehouse, and
			 Mr. Wyden) introduced the following joint
			 resolution; which was read the first time

			March 9, 2007
			Read the second time and placed on the
			 calendar

		JOINT RESOLUTION
		To revise United States policy on Iraq.

		Whereas Congress and the American people will continue to
			 support and protect the members of the United States Armed Forces who are
			 serving or have served bravely and honorably in Iraq;
		Whereas the circumstances referred to in the Authorization
			 for Use of Military Force Against Iraq Resolution of 2002 (Public Law 107–243)
			 have changed substantially;
		Whereas United States troops should not be policing a
			 civil war, and the current conflict in Iraq requires principally a political
			 solution; and
		Whereas United States policy on Iraq must change to
			 emphasize the need for a political solution by Iraqi leaders in order to
			 maximize the chances of success and to more effectively fight the war on
			 terror: Now, therefore, be it

		1.Short titleThis joint resolution may be cited as the
			 United States Policy in Iraq Resolution of 2007.
		2.Prompt
			 commencement of phased redeployment of United States forces from Iraq
			(a)Transition of
			 missionThe President shall promptly transition the mission of
			 United States forces in Iraq to the limited purposes set forth in subsection
			 (b).
			(b)Commencement of
			 phased redeployment from IraqThe President shall commence the
			 phased redeployment of United States forces from Iraq not later than 120 days
			 after the date of the enactment of this joint resolution, with the goal of
			 redeploying, by March 31, 2008, all United States combat forces from Iraq
			 except for a limited number that are essential for the following
			 purposes:
				(1)Protecting United
			 States and coalition personnel and infrastructure.
				(2)Training and
			 equipping Iraqi forces.
				(3)Conducting
			 targeted counter-terrorism operations.
				(c)Comprehensive
			 strategySubsection (b) shall be implemented as part of a
			 comprehensive diplomatic, political, and economic strategy that includes
			 sustained engagement with Iraq's neighbors and the international community for
			 the purpose of working collectively to bring stability to Iraq.
			(d)Reports
			 requiredNot later than 60 days after the date of the enactment
			 of this Act, and every 90 days thereafter, the President shall submit to
			 Congress a report on the progress made in transitioning the mission of the
			 United States forces in Iraq and implementing the phased redeployment of United
			 States forces from Iraq as required under this section.

		March 9, 2007
		Read the second time and placed on the
		  calendar


109 HR 4929 IH: Foreign Investment National Security Review Act of 2006
U.S. House of Representatives
2006-03-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 2d Session
H. R. 4929
IN THE HOUSE OF REPRESENTATIVES

March 9, 2006
Mr. Sabo introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committees on Energy and Commerce, International Relations, and Select Intelligence (Permanent Select), 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 section 721 of the Defense Production Act of 1950 to enhance the effectiveness of the investigations of certain mergers, acquisitions, and takeovers for national security implications, and for other purposes.

1.Short titleThis Act may be cited as the Foreign Investment National Security Review Act of 2006.
2.Investigation of certain transactions for national security implications
(a)In generalSection 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended to read as follows:

721.Investigation of certain transactions for national security implications
(a)Investigations
(1)In generalUpon receiving written notification, as prescribed by regulations under this section, of any merger, acquisition, or takeover proposed or pending on or after the date of the enactment of this section by or with any foreign person which could result in foreign control of any person engaged in interstate commerce in the United States, the President, acting through the President’s designee and the Committee on Foreign Investment in the United States shall conduct an investigation to determine the effects, if any, of the proposed or pending merger, acquisition, or takeover on the national security of the United States.
(2)TimingAny investigation required under paragraph (1) shall be completed before the end of the 75-day period beginning on the date of the receipt by the President or the President’s designee of written notification of the proposed or pending merger, acquisition, or takeover.
(b)Confidentiality of information
(1)In generalAny information or documentary material filed with the President or the President’s designee pursuant to this section shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public, except as may be relevant to any administrative or judicial action or proceeding.
(2)Availability to the congressNo provision of paragraph (1) shall be construed as preventing the disclosure of any information or documentary material to either House of Congress or to any duly authorized committee or subcommittee of the Congress.
(c)Committee on foreign investment in the United States
(1)EstablishmentThe Committee on Foreign Investment in the United States established pursuant to Executive Order No. 11858 (hereafter in this section referred to as the Committee) shall be a multi-agency committee to carry out this section and such other assignments as the President may designate.
(2)MembershipThe Committee shall be comprised of the following members:
(A)The Secretary of the Treasury.
(B)The Secretary of State.
(C)The Secretary of Defense.
(D)The Secretary of Homeland Security.
(E)The Attorney General.
(F)The Secretary of Commerce.
(G)The Director of the Office of Management and Budget.
(H)The United States Trade Representative.
(I)The Chairman of the Council of Economic Advisors.
(J)The Director of the Office of Science and Technology Policy.
(3)ChairpersonThe Secretary of the Treasury shall be the Chairperson of the Committee.
(4)Other membersThe Chairperson of the Committee shall involve the heads of such other Federal agencies, the Assistant to the President for National Security Affairs, and the Assistant to the President for Domestic Policy in any investigation under subsection (a) as the Chairperson determines to be appropriate on the basis of the facts and circumstances of the transaction under investigation.
(5)Role of the director of national intelligenceThe Director of National Intelligence shall provide appropriate intelligence analysis and intelligence briefings to the Committee.
(d)Action by the President
(1)In generalNo proposed or pending acquisition, merger, or takeover, of a person engaged in interstate commerce in the United States by or with foreign persons may occur unless the President, on the basis of an investigation and report by the Committee, finds that such acquisition, merger or takeover, will not threaten to impair the national security of the United States, as defined by regulations prescribed pursuant to this section, and approves the transaction.
(2)EnforcementThe President shall direct the Attorney General to seek appropriate relief, including divestment relief, in the district courts of the United States in order to implement and enforce—
(A)any finding, action, or determination under this section of disapproval of an acquisition, merger, or takeover; or
(B)any conditions imposed on any approval of any acquisition, merger, or takeover.
(3)Finality of determinationsAll actions and determinations under this section shall be final and not subject to judicial review.
(e)Findings by the President
(1)In generalA finding under this section of impairment or threatened impairment to national security shall be based on credible evidence that leads the President to believe that—
(A)the foreign interest exercising control might take action that threatens to impair the national security; and
(B)other provisions of law do not provide adequate and appropriate authority for the President to protect the national security.
(2)Factors to be consideredAny investigation under this section shall take into account the following factors:
(A)Domestic production needed for projected national defense requirements.
(B)The capability and capacity of domestic industries to meet national defense requirements, including the availability of human resources, products, technology, materials, and other supplies and services.
(C)The control of domestic industries and commercial activity by foreign citizens as it affect the capability and capacity of the United States to meet the requirements of national security.
(D)The potential effects of the proposed or pending transaction on sales of military goods, equipment, or technology to any country—
(i)identified by the Secretary of State—
(I)under section 6(j) of the Export Administration Act of 1979, as a country that supports terrorism;
(II)under section 6(l) of the Export Administration Act of 1979, as a country of concern regarding missile proliferation; or
(III)under section 6(m) of the Export Administration Act of 1979, as a country of concern regarding the proliferation of chemical and biological weapons; or
(ii)listed under section 309(c) of the Nuclear Non-Proliferation Act of 1978 on the Nuclear Non-Proliferation-Special Country List (15 C.F.R. Part 778, Supplement No. 4) or any successor list.
(E)The potential effects on the proposed or pending transaction on United States international technological leadership in areas affecting United States national security.
(f)Report to the congressUpon making any determination to approve or disapprove any merger, acquisition, or takeover by or with any foreign person which could result in foreign control of any person engaged in interstate commerce in the United States, the President shall immediately transmit to the Secretary of the Senate and the Clerk of the House of Representatives a written report of the President’s determination under this section to approve or disapprove such merger, acquisition, or takeover, including a detailed explanation of the finding made and factors considered.
(g)Congressional action
(1)In generalIf the determination of the President contained in the report transmitted to the Congress under subsection (f) is that the President will approve any merger, acquisition, or takeover under subsection (d) and not later than 30 days after the date on which Congress receives the report, a joint resolution described in paragraph (2) is enacted into law, then the President shall take such action under subsection (d) as is necessary to prohibit the merger, acquisition, or takeover, including, if such acquisition has been completed, directing the Attorney General to seek divestment or other appropriate relief in the district courts of the United States.
(2)Joint resolution describedFor purposes of paragraph (1), the term joint resolution means a joint resolution of the Congress, the sole matter after the resolving clause of which is as follows: That the Congress disapproves the determination of approval of the President contained in the report submitted to Congress pursuant to section 721(f) of the Defense Production Act of 1950 on _____., with the blank space being filled with the appropriate date.
(3)Computation of review periodIn computing the 30-day period referred to in paragraph (1), there shall be excluded any day described in section 154(b) of the Trade Act of 1974.
(h)RegulationsThe President shall direct the issuance of regulations to carry out this section. Such regulations shall, to the extent possible, minimize paperwork burdens and shall to the extent possible coordinate reporting requirements under this section with reporting requirements under any other provision of Federal law.
(i)Effect on other lawNo provision of this section shall be construed as altering or affecting any existing authority, power, process, regulation, investigation, enforcement measure, or review provided by any other provision of law.
(j)Technology risk assessmentsIn any case in which an assessment of the risk of diversion of defense critical technology is performed by the Committee or any other designee of the President, a copy of such assessment shall be provided to any other designee of the President responsible for reviewing or investigating a merger, acquisition, or takeover under this section.
(k)Biennial report on critical technologies
(1)In generalIn order to assist the Congress in its oversight responsibilities with respect to this section, the President and such agencies as the President shall designate shall complete and furnish to the Congress, not later than May 1, 2007, and upon the expiration of every 2 years thereafter, a report, both in classified and unclassified form, which—
(A)evaluates whether there is credible evidence of a coordinated strategy by 1 or more countries or companies to acquire United States companies involved in research, development, or production of critical technologies for which the United States is a leading producer; and
(B)evaluates whether there are industrial espionage activities directed or directly assisted by foreign governments against private United States companies aimed at obtaining commercial secrets related to critical technology.
(2)DefinitionFor the purposes of this subsection, the term critical technologies means technologies identified under title VI of the National Science and Technology Policy, Organization, and Priorities Act of 1976 or other critical technology, critical components, or critical technology items essential to national defense or security identified pursuant to this section.
(l)Biennial report on critical infrastructureIn order to assist the Congress in its oversight responsibilities, the President and such agencies as the President shall designate shall complete and furnish to the Congress, not later than 90 days after the date of enactment of this subsection and upon the expiration of every 2 years thereafter, a report, both in classified and unclassified form, which—
(1)lists all critical infrastructure, as defined under subtitle B of title II of Public Law 107–296, that is owned, controlled or dominated by an alien, a foreign corporation, or a foreign government;
(2)evaluates whether there is credible evidence of a coordinated strategy by 1 or more countries or companies to acquire United States critical infrastructure; and
(3)evaluates whether there are industrial espionage activities directed or directly assisted by foreign governments against private United States companies controlling critical infrastructure..
(b)Effective dateThe amendments made by subsection (a) shall apply to the review and investigation of any acquisition, merger, or takeover which is or becomes subject to section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) (as in effect immediately before the date of the enactment of this Act or on or after such date) that has not become final before the date of the enactment of this Act.