104 HR 8798 IH: Historic Routes Preservation Act
U.S. House of Representatives
2020-11-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8798IN THE HOUSE OF REPRESENTATIVESNovember 20, 2020Mr. Cook introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo establish a procedure for resolving claims to certain rights-of-way, and for other purposes.1.Short title(a)Short titleThis Act may be cited as the Historic Routes Preservation Act.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Purpose.Sec. 3. Definitions.Sec. 4. Filing of claim.Sec. 5. Evidence and final decision.Sec. 6. Judicial review.Sec. 7. Applicable law and time extensions.Sec. 8. Implementation required.Sec. 9. Effect; applicability.Sec. 10. Repeal of restrictions on regulations.2.PurposeThe purpose of this Act is to preserve historical access to the public lands by achieving judicial and administrative efficiency for, and to reduce the costs typically associated with, resolving right-of-way claims under R.S. 2477 by—(1)reducing the burden on Federal courts by authorizing administrative procedures and establishing evidentiary standards for the processing of R.S. 2477 right-of-way claims;(2)establishing—(A)a deadline for filing R.S. 2477 right-of-way claims;(B)mandatory procedures for considering and acting on the R.S. 2477 right-of-way claims; and(C)uniform legal and evidentiary standards of proof of public acceptance of Federal R.S. 2477 right-of-way grants;(3)recognizing and protecting valid existing rights; and(4)requiring that any actions by a successful claimant improving, upgrading or expanding an R.S. 2477 right-of-way are conditioned upon consultation with the Secretary.3.DefinitionsIn this Act:(1)Abandon or abandonmentThe terms abandon and abandonment mean formal action by the governing body of a claimant taken at a public meeting pursuant to notice that declares all of claimant’s right, title, and claim to a R.S. 2477 right-of-way is relinquished.(2)Acceptance or acceptedThe terms acceptance and accepted mean acts on the part of a claimant sufficient to manifest an intent to accept the open congressional offer under R.S. 2477 right-of-way, including—(A)a positive or affirmative action by a State or county governmental authority on or before October 21, 1976, including—(i)a formal resolution or declaration of ownership of, or responsibility for maintaining, a highway; or(ii)the inclusion of a highway in an official map that reflects such ownership or maintenance responsibility;(B)the construction, improvement, repair or maintenance of a highway by a State or county governmental authority, or private party on or before October 21, 1976; or(C)the continuous use of a highway by the public for a period of not fewer than 5 consecutive years ending on a date that is on or before October 21, 1976.(3)ClaimThe term claim means the assertion of title to an R.S. 2477 right-of-way filed under section 4(a)(1).(4)ClaimantThe term claimant means any State, county, political subdivision or agency of a State, corporation or other person asserting title to a right-of-way under R.S. 2477.(5)ConstructionThe term construction means the physical activity reasonably necessary, advisable, or desirable to allow safe, continuous public use over a highway according to the intended mode of travel or transportation, which may be established by the use of any tools or equipment, or other means, including mere usage.(6)Continuous public useThe term continuous public use means the uninterrupted use of a highway by the public for passage as often as generally regarded by the public to be convenient or necessary depending on the character of the road and the nature of the use and does not require a determination of frequency of use. Continuous public use includes use that may be interrupted by events of nature or seasonal use.(7)Disclaimer and relinquishmentThe term disclaimer and relinquishment means any type of deed or equivalent document in a form suitable for recordation that is approved and issued by the Secretary disclaiming or relinquishing any ownership interest of the Federal Government in an R.S. 2477 right-of-way, including a deed or equivalent document issued under section 315 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1745), or section (e) of the Federal Quiet Title Act (28 U.S.C. 2409a). A disclaimer issued by the Secretary is valid without judicial adjudication.(8)EvidenceThe term evidence means any testimony, object, or document described in section 5 that would be reliable, authentic, probative, and persuasive in Federal district court under the Federal Rules of Evidence that are in effect on the date of the enactment of this Act.(9)HighwayThe term highway means any road, way, right-of-way, or other land surface route of travel over which the public has the right of use for passage, whether by carriage, animal, foot, or non-motorized or motorized vehicle.(10)ImprovementThe term improvement is distinguished from ordinary maintenance and repair and includes—(A)the widening of a highway;(B)the horizontal or vertical realignment of a highway;(C)the installation (as distinguished from cleaning, repair, or replacement in kind) of a bridge, culvert, or other drainage structure or conduit; or(D)any upgrade in the surface composition of a highway.(11)MaintenanceThe term maintenance means the preservation of an existing highway, including but not limited to—(A)the physical upkeep of the highway;(B)the repair or replacement of wear or damage to the highway, including to bridges, culverts, or other drainage structures or conduits, from natural or other causes;(C)the restoration of the shape or path of the highway; and(D)the gradation of the highway or other measures to ensure that the shape of the highway permits drainage or safe passage over the highway by the public.(12)Public landThe term public land means land—(A)that is owned, controlled by, or subject to the jurisdiction of the Federal Government for the benefit of the public; and(B)that was not reserved other, specific public purpose on the date on which a R.S. 2477 right-of-way grant was accepted.(13)Public or public user(A)In generalThe terms public or public user mean all natural persons authorized or otherwise allowed to enter or use public land, and includes Federal lessees, permittees, licensees, and invitees.(B)ExceptionsThe terms public or public user do not include any Federal agent or employee acting within the scope of their agency or employment.(14)R.S. 2477The term R.S. 2477 means section 2477 of the Revised Statutes (43 U.S.C. 932) repealed by section 706 of the Federal Land Policy and Management Act of 1976 (Public Law 94–579; 90 Stat. 2793).(15)R.S. 2477 right-of-wayThe term R.S. 2477 right-of-way means an open-ended grant or dedication of land by the United States for a public right-of-way allowing public use and passage, which could be accepted by a claimant on or before October 21, 1976.(16)Reserved(A)In generalThe term reserved means action by the Secretary, before the earlier of a R.S. 2477 right-of-way acceptance or October 21, 1976—(i)to withdraw land from the public domain;(ii)to make the land unavailable for appropriation under public land laws; and(iii)to dedicate the land by the United States to a specific public purpose, such as a park, military establishment, wilderness area, tribal land, or Federal enclave, that does not rely on or otherwise permit an R.S. 2477 right-of-way for the specific public purpose.(B)ClarificationThe term reserved does not apply to an action of the Secretary with respect to the designation of a wilderness study area, an area of critical environmental concern, lands not formally designated by Congress as wilderness, or lands with wilderness characteristics.(17)Scope(A)The term scope—(i)means the width of a R.S. 2477 right-of-way as of October 21, 1976, including the area reasonable and necessary to meet the public convenience or safety (including maintenance, repair and realignment) or the exigencies of increased travel, based on the traditional uses of a highway; and(ii)is not limited to the disturbed surface of the highway.(B)For the purposes of this definition, the right-of-way condition of a road that has been open for at least the previous 5 years shall be used as a rebuttable presumption of what is reasonable and necessary.(18)SecretaryThe term Secretary means the Secretary with management jurisdiction over land owned or controlled by the United States on which a R.S. 2477 right-of-way is claimed to be located.4.Filing of claim(a)In generalA claimant of a right-of-way granted under R.S. 2477 may file a claim under this section.(b)Administrative claim after filing claim under title 28(1)In generalA claimant is deemed to have filed a claim under paragraph (1) if, before the date of the enactment of this Act, the claimant—(A)filed a notice of an intent to file suit with respect to a claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code; or(B)filed suit with respect to a claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code.(2)Pending court actionIf a claimant is deemed to have filed a claim under paragraph (1) with respect to a previously filed claim asserting the public acceptance of a right-of-way granted under R.S. 2477 under section 2409a(m) of title 28, United States Code, any suit filed by or on behalf of the claimant with respect to public acceptance of the right-of-way shall, except as to the preservation of evidence, be held in abeyance pending final determination under this Act and shall be dismissed without prejudice when acceptance of the right-of-way is finally determined under this Act, and all challenges thereto have been exhausted.(c)Form; contents(1)FormNot later than 30 days after the date of the enactment of this Act, the Secretary shall establish a form to be used by claimants for filing claims under this section.(2)ContentsA claim filed under subsection (a)(1) shall include—(A)a center line description, or other verified survey meeting generally accepted standards and procedures, clearly showing the location, route, direction, beginning and end points and length, together with an average width of the claimed R.S. 2477 right-of-way as of a date certain;(B)evidence demonstrating the acceptance and scope of the claimed R.S. 2477 right-of-way; and(C)proof of notice or attempted notice by the claimant under subsection (e).(d)Place of filingA claimant shall file a claim in the appropriate State or regional location designated by the Secretary for the filing of claims under this section.(e)Notice(1)In generalExcept as provided in paragraph (3), a claimant shall provide notice of the right-of-way claim by—(A)at least once per week during the 2-week period immediately preceding the filing of the claim, publishing in a newspaper authorized to publish public notice under the laws of the State in which the longest lineal part of the claimed R.S. 2477 right-of-way is located, a general summary of the claim, including the location and general description of the claimed R.S. 2477 right-of-way; and(B)not later than 30 days after the date on which the claim is filed, providing, or reasonably attempting to provide, written notice of the claim to all owners of land contiguous to the boundary of the claimed right-of-way.(2)Attempted noticeThe reasonable attempt of a claimant to provide written notice under paragraph (1)(B) shall be considered to be sufficient notice under this subsection if the claimant files with Secretary verification of the reasonable attempt under written oath or affirmation.(3)ExceptionNotwithstanding paragraph (1), a claimant shall be considered to have given sufficient notice under this subsection if the claimant has filed a notice of an intent to file suit, or has filed suit, with respect to the claimed R.S. 2477 right-of-way under section 2409a(m) of title 28, United States Code, on or before the date of the enactment of this Act.(f)Effect of failure To meet filing deadline or requirementsIf a claimant fails to comply with the requirements of—(1)subsection (a), the failure shall be considered to be an automatic irrevocable abandonment of any R.S. 2477 right-of-way claim; or(2)subsection (b), (c), or (d), the claim filed by the claimant shall not be processed until the date on which the failure to comply with those subsections is cured.(g)Statute of limitationsExcept as provided in subsection (a)(1), any statute of limitations for asserting title to an R.S. 2477 right-of-way under this section is waived.5.Evidence and final decision(a)Burden of proofA claimant shall have the burden to prove, by a preponderance of the evidence, the acceptance of a right-of-way under R.S. 2477.(b)Evidence(1)In generalAcceptance and scope of the R.S. 2477 right-of-way shall be conclusively verified, proven, and established on filing, under oath or affirmation by a claimant attesting to the authenticity and accuracy, of—(A)at least one item of evidence from among the categories of evidence described in subsection (c)(1); or(B)at least two items of evidence from among the categories of evidence described in subparagraphs (A) or (B) of subsection (c)(2).(2)CopiesA copy of an original document may be used as evidence in the place of the original document under this section if the copy is accompanied by a written declaration, under oath by a custodian, owner, or author, that the copy is an accurate representation of the material terms of the original document.(3)HearsayHearsay contained in a document or otherwise provided shall be considered reliable, admissible, and probative for the purposes of this Act.(4)Grant withdrawalEvidence produced that establishes that the United States reserved the land as herein defined underlying the claimed R.S. 2477 right-of-way before acceptance conclusively establishes withdrawal of the Federal grant and defeats the claim.(c)Description of categories of evidenceFor the purposes of processing claims under this Act, the following categories of evidence shall be considered:(1)Category 1Category 1 evidence consists of the following types of evidence:(A)Official minutes, resolutions, declarations, or written agreements of a State or county governmental body reflecting or otherwise memorializing a positive or affirmative action by a State or county governmental body accepting a claimed R.S. 2477 right-of-way prior to October 21, 1976.(B)Historical or other records of government entities or records constructed, obtained, or kept by a government in the ordinary course of business, including Federal, State, local, and territorial records, such as records of the Departments of the Interior, Agriculture, or Defense, the Bureau of Land Management, the Forest Service, the Natural Resources Conservation Service, the Soil Conservation Service, General Land Office, Federal centers or enclaves, the Smithsonian Institution, and the Library of Congress that show that the right-of-way was accepted by a State or county governmental authority prior to October 21, 1976.(C)Maps, plats, maintenance records (including actual or estimated costs of maintenance), photographs, or other computer-generated images demonstrating that the claimed R.S. 2477 right-of-way was regularly maintained by a State or county governmental authority or private individual prior to October 21, 1976.(D)Written or transcribed oral statements given under oath before a notary public, court reporter, judge or any other government official authorized by law to administer oaths or otherwise authenticated stating that the right-of-way was regularly maintained by a State or local government or private individual prior to October 21, 1976.(2)Category 2Category 2 evidence consists the following types of evidence:(A)In addition to the records described in paragraph (1)(B) and(C), other historical records including original documents, authenticated copies, facsimiles, and computer-transmitted images (including aerial photographs, topographical maps, and government road maps), reliably showing evidence of public usage of a R.S. 2477 right-of-way before October 21, 1976.(B)Written or transcribed oral statements given under oath before a notary public, court recorder, judge or any other government official authorized by law to administer oaths or otherwise authenticated reciting reliable knowledge of the facts that establish the acceptance by public usage of the R.S. 2477 right-of-way before October 21, 1976.(d)Determination of abandonment(1)In generalNot later than 90 days after the date on which a R.S. 2477 right-of-way is conclusively established as accepted under subsection (b)(1), the Secretary shall determine, in writing, whether the R.S. 2477 right-of-way has been previously abandoned by the claimant.(2)Failure to make determinationThe failure of the Secretary to make a written determination within the 90-day period described in paragraph (1) shall conclusively establish that the right-of-way has not been abandoned.(3)Final agency actionThe determination by the Secretary under paragraph (1), or the failure to make the determination by the date described in that paragraph, shall be a final agency action, subject to appeal by the claimant only in accordance with section 6.(e)Disclaimer and relinquishment required(1)In generalNot later than 180 days after the date on which evidence establishing acceptance of a R.S. 2477 right-of-way has been filed under this section, the Secretary shall deliver to the claimant a written document disclaiming and relinquishing the right and interest of the United States in and to the R.S. 2477 right-of-way.(2)FormThe disclaimer and relinquishment under paragraph (1) shall be in a form that allows the recording of the disclaimer and relinquishment in State and local real estate records.(3)Improvement consultationThe disclaimer and relinquishment shall clearly state that any future improvement of an R.S. 2477 right-of-way is conditioned upon consultation with the Secretary.(4)RecordingThe disclaimer and relinquishment under paragraph (1) shall—(A)be recorded in the public land records under the jurisdiction of the Secretary; and(B)conclusively establish the title of the claimant to the R.S. 2477 right-of-way.(5)ReviewThe document delivered by, and any actions of, the Secretary under paragraph (1)—(A)shall be subject to review only as provided in section 6; and(B)shall not be subject to—(i)quiet title proceedings under any other provision of law; or(ii)any other judicial or administrative de novo or on the record reviews, claims, actions, or proceedings.(6)Federal register notice of final agency actionNot later than 30 days after the date on which the document is delivered under paragraph (1), the Secretary shall publish in the Federal Register notice of the action by the Secretary under that paragraph.6.Judicial review(a)Jurisdiction(1)FilingIf a claimant seeks to appeal the denial by the Secretary of a claimed R.S. 2477 right-of-way under this Act, the claimant shall file an appeal of the denial in the district court of the United States for the judicial district in which the longest lineal segment of the claimed R.S. 2477 right-of-way is located.(2)Exclusive jurisdictionA district court described in paragraph (1) shall have the exclusive jurisdiction to decide the appeal on the record before the Secretary regarding the claimed R.S. 2477 right-of-way, subject only to appeal or review on the record by a court with appropriate Federal appellate jurisdiction.(b)FilingAny action initiated under subsection (a) shall be filed not later than 120 days after the date on which the Secretary provides written notice to the claimant of the denial by the Secretary of the claimed R.S. 2477 right-of-way.(c)Prior adjudication not affectedNothing in this Act affects a final settlement or final judgment in any court of competent jurisdiction before the date of the enactment of this Act in which the United States was a party in determining rights to a R.S. 2477 right-of-way.7.Applicable law and time extensions(a)Application of State and Federal law(1)In generalThis Act shall apply with respect to conclusively establishing the acceptance, scope, validity, or abandonment of a R.S. 2477 right-of-way.(2)PreemptionIn the case of any inconsistency or conflict between the provisions of this Act and State law, this Act shall apply in determining the acceptance, scope, validity, and abandonment of a R.S. 2477 right-of-way.(b)ExtensionThe Secretary shall grant a 1-time extension of up to 180 days for any deadline established by this Act for a maximum period of 1 year, for good cause, if the claimant submits to the Secretary, not later than 30 days before the date on which the deadline expires, a written request for the extension signed by the claimant under oath or affirmation.8.Implementation required(a)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary shall complete all policies, procedures, delegations, forms, and any other action necessary to implement this Act and, on the completion of the actions described in paragraph (1), begin processing claims under this Act.(b)Injunction; liabilityThe duties and obligations of the Secretary under this section—(1)are enforceable by injunction or restraining order; and(2)may result in official and personal civil liability.9.Effect; applicability(a)Effect on other lawsNothing in this Act affects or modifies—(1)title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.); or(2)title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.).(b)Excluded landNothing in this Act applies to or affects—(1)the use of Department of Defense land or land with respect to which the Department of Defense shares control or jurisdiction;(2)land that is not owned by the United States;(3)land held in trust by the Secretary of the Interior for any Indian Tribe; or(4)land within the boundary of—(A)a National Park (to exclude lands other than National Parks which are under the jurisdiction or administration of the National Park Service); or(B)a congressionally designated National Wilderness Area.(c)Effect on claimsThis Act and the procedures and process implemented under this Act—(1)shall apply to—(A)claims filed pursuant to this Act after the date of the enactment of this Act; and(B)claims filed before the date of the enactment of this Act for which a final determination has not been issued and which have been converted by claimant for processing under the provisions of this Act by filing the claim under section 4; and(2)shall not affect the ability of a claimant to file or maintain a suit with respect to the claimed R.S. 2477 right-of-way under section 2409a(m) of title 28, United States Code, if the claimant has not filed a claim under section 4 regarding that R.S. 2477 right-of-way.10.Repeal of restrictions on regulationsSection 108 of the Department of the Interior and Related Agencies Appropriations Act, 1997 (Public Law 104–208; 110 Stat. 3009–200) is repealed.


117 HR 5203 IH: Ejiao Act
U.S. House of Representatives
2021-09-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 5203IN THE HOUSE OF REPRESENTATIVESSeptember 10, 2021Mr. Beyer introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo prohibit the sale or transport of ejiao made using donkey skin in interstate or foreign commerce.1.Short titleThis Act may be cited as the Ejiao Act.2.FindingsCongress finds the following:(1)Ejiao is a gelatin created from the skins of donkeys which is used in traditional Chinese medicine, beauty, cosmetic, and other luxury products.(2)The donkey skin trade for the production of ejiao, is decimating global donkey populations and harming impoverished global communities.(3)Studies have shown that the use of ejiao is unnecessary in the production of these products since the gelatins from other sources, including plants may be used instead.(4)Millions of donkeys are slaughtered annually for their skins to make ejiao.(5)The domestic Chinese and international demand for donkey skins is approximately 8,000,000 to 10,000,000 skins per year but the annual supply in China is less than 1,800,000.(6)Such demand has led to the slaughter of massive numbers of donkeys across the globe, decimating donkey populations, most notably in Africa and Latin America.(7)Such demand has had devastating effects on the families who depend on donkeys for survival, such as fetching water to drink, cook and clean, taking products to market for sale, and transporting children to school.(8)A recent report by the Kenya Agricultural and Livestock Research Organization said that 159,631 donkeys were slaughtered for their skins, 8.1 percent of the population, in 2018. Today, up to 1,000 donkeys a day can be slaughtered in Kenya alone, more than 300,000 a year. The report goes on to suggest that donkeys in Kenya could vanish by 2023.(9)Donkeys are regularly stolen and killed illegally solely for their skins. Moreover, donkeys are often stolen from families who depend on them for their livelihoods, and who are already struggling and living below the poverty line of $2 a day.(10)Where owners willingly sell their donkeys, they find that within months they are worse off financially than they would have been had they kept their donkeys. As prices constantly rise, it becomes impossible for these owners to go back into the market for a new donkey.(11)Although ejiao products are expensive, as the Chinese middle class has expanded, demand for ejiao products has exploded over the course of the last decade. As a result, the donkey population in China has collapsed by 76 percent since 1992.(12)Ejiao companies have set up donkey breeding schemes in China in an attempt to breed the species on a scale sufficient to meet local demand. But due to the long gestation period of donkeys, and the fact that they often only give birth once a year, breeders have not been able to satisfy demand from within China, which is why ejiao companies have turned to Africa and Latin America to satisfy demand for ejiao.(13)A crisis in donkey populations has been met with varied responses from affected countries. Bans in the trade of donkey skins in seven African countries have been poorly enforced or overturned.(14)As demand for ejiao continues unabated, donkey populations in lower-income countries continue to nosedive, despite governmental efforts to outlaw the trade.(15)A number of other United States-based companies have already pledged to remove from the market all products containing ejiao.(16)The leading importers in the world for ejiao are China and Hong Kong. However, the United States is the third largest importer of ejiao, with $12,000,000 in annual imports of ejiao each year.3.ProhibitionsSection 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:(fff)The knowing sale or transport of ejiao made using donkey skin, or products containing ejiao made using donkey skin, in interstate or foreign commerce. .


117 S2598 IS: Fostering Responsible Education Starts with Helping Students Through Accountability, Relief, and Taxpayer Protection Through Bankruptcy Act of 2021
U.S. Senate
2021-08-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2598IN THE SENATE OF THE UNITED STATESAugust 4, 2021Mr. Durbin (for himself and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 11, United States Code, to improve the treatment of student loans in bankruptcy, and for other purposes.1.Short titleThis Act may be cited as the Fostering Responsible Education Starts with Helping Students Through Accountability, Relief, and Taxpayer Protection Through Bankruptcy Act of 2021 or the FRESH START Through Bankruptcy Act.2.Exceptions to dischargeSection 523(a) of title 11, United States code, is amended by striking paragraph (8) and inserting the following:(8)for an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or made under any program funded in whole or in part by a governmental unit or nonprofit institution, or for an obligation to repay funds received as an educational benefit, scholarship, or stipend received from a governmental unit or nonprofit institution, unless— (A)excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents; or(B)the first payment on such debt became due before the 10-year period (exclusive of any applicable suspension of the repayment period) ending on the date of the filing of the petition;(8A)unless excepting such debt from discharge under this paragraph would impose an undue hardship on the debtor and the debtor’s dependents, for—(A)an obligation to repay funds received as an educational benefit, scholarship, or stipend, other than an obligation described in paragraph (8); or(B)any educational loan, other than a loan described in paragraph (8), that is a qualified education loan, as defined in section 221(d)(1) of the Internal Revenue Code of 1986, incurred by a debtor who is an individual;.3.Effect of discharge of certain student loansSection 524 of title 11, United States Code, is amended by adding at the end the following: (n)(1)In this subsection:(A)The term cohort repayment rate, with respect to a covered institution of higher education, means the percentage of student borrowers who are making at least some progress paying down their student loans within 3 years of entering repayment.(B)The term covered institution of higher education means an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.SC. 1002)) that—(i)is a participant in the Federal Direct Loan Program under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.); and(ii)has an enrollment of students that is not less than 33 percent students who have received a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.)). (C)The term covered student loan means the original principal of a loan—(i)the first payment on which became due before the 10-year period (exclusive of any applicable suspension of the repayment period) ending on the date of the filing of the petition; and(ii)used by the debtor to make a payment to a covered institution of higher education on behalf of the debtor for the purpose of attaining an educational benefit. (D)The term Federal Direct PLUS Loan means a Federal Direct PLUS Loan under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) (2)If a covered student loan is discharged in a bankruptcy case under this title, the covered institution of higher education to which the debtor of the bankruptcy case made a payment with the covered student loan shall pay to the Department of Education an amount determined in accordance with the following: (A)An amount equal to 50 percent of the amount of the covered student loan that is discharged, if the covered institution of higher education, on the date on which the first payment on the covered student loan became due— (i)had a cohort default rate (as determined under section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) for each of the 3 fiscal years preceding that date that was equal to or more than 25 percent; and(ii)had a cohort repayment rate—(I)except for borrowers described in subclause (II), that was equal to or less than 20 percent; and(II)with respect to borrowers who were graduate or professional students who received a Federal Direct PLUS Loan for enrollment at the institution, that was equal to or less than 35 percent. (B)An amount equal to 30 percent of the amount of the covered student loan that is discharged, if the covered institution of higher education, on the date on which the first payment on the covered student loan became due—(i)had a cohort default rate (as determined under section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) for each of the 3 fiscal years preceding that date that was equal to or more than 20 percent and less than 25 percent; and(ii)had a cohort repayment rate—(I)except for borrowers described in subclause (II), that was equal to or less than 25 percent and more than 20 percent; and(II)with respect to borrowers who were graduate or professional students who received a Federal Direct PLUS Loan for enrollment at the institution, that was equal to or less than 40 percent and more than 35 percent. (C)An amount equal to 20 percent of the amount of the covered student loan that is discharged, if the covered institution of higher education, on the date on which the first payment on the covered student loan became due— (i)had a cohort default rate (as determined under section 435(m) of the Higher Education Act of 1965 (20 U.S.C. 1085(m)) for each of the 3 fiscal years preceding that date that was equal to or more than 15 percent and less than 20 percent; and(ii)had a cohort repayment rate—(I)except for borrowers described in subclause (II), that was equal to or less than 30 percent and more than 25 percent; and(II)with respect to borrowers who were graduate or professional students who received a Federal Direct PLUS Loan for enrollment at the institution, that was equal to or less than 45 percent and more than 40 percent..4.Effective date; applicabilityThis Act and the amendments made by this Act shall—(1)take effect on the date that is 180 days after the date of enactment of this Act; and(2)apply to a petition filed or amended under this title on or after the effective date under paragraph (1) with respect to a debt for an educational benefit, overpayment, loan, scholarship, or stipend of a debtor.


		I
		112th CONGRESS
		1st Session
		H. R. 646
		IN THE HOUSE OF REPRESENTATIVES

			February 10, 2011
			Mr. Serrano
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To authorize the appropriation of funds to be used to
		  recruit, hire, and train 100,000 new classroom paraprofessionals in order to
		  improve educational achievement for children.

		1.FindingsThe Congress finds the following:
			(1)Paraprofessionals
			 are not substitutes for certified teachers.
			(2)Small class size
			 is fundamental to all learning, but particularly in the early grades.
			(3)Putting more
			 adults in the classroom helps to increase the attention paid to each student
			 and to improve discipline.
			(4)Expanding the
			 availability of entry-level classroom jobs that include opportunities for
			 training and professional development should encourage more adults to enter
			 teacher training and careers in education.
			2.Funds for
			 recruiting, hiring, and training paraprofessionals
			(a)State
			 allocationsFrom the amount appropriated to carry out this Act
			 for each fiscal year, the Secretary of Education—
				(1)shall make
			 available 1 percent of such amount to the Secretary of the Interior (on behalf
			 of the Bureau of Indian Affairs) and the outlying areas for activities under
			 this Act; and
				(2)shall allocate the
			 remainder by providing each State the same percentage of that remainder as it
			 received of the funds allocated to States under section 306(a)(2) of the
			 Departments of Labor, Health and Human Services, and Education, and Related
			 Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law
			 106–554.
				(b)Local agency
			 allocationsEach State that receives funds under this Act shall
			 distribute 100 percent of such funds to local educational agencies, of
			 which—
				(1)80 percent of such
			 amount shall be allocated to local educational agencies in proportion to the
			 number of children, aged 5 to 17, who reside in the school district served by a
			 local educational agency from families with incomes below the poverty line (as
			 defined by the Office of Management and Budget and revised annually in
			 accordance with section 673(2) of the Community Services Block Grant Act (42
			 U.S.C. 9902(2))) applicable to a family of the size involved for the most
			 recent fiscal year for which satisfactory data are available compared to the
			 number of such individuals who reside in the school districts served by all the
			 local educational agencies in the State for that fiscal year; and
				(2)20 percent of such
			 amount shall be allocated to local educational agencies in accordance with the
			 relative enrollments of children, aged 5 to 17, in public and private nonprofit
			 elementary and secondary schools within the boundaries of such agencies.
				(c)Uses of
			 funds
				(1)PurposeThe
			 basic purpose and intent of this Act is to decrease the ratio of students to
			 personnel in public elementary and secondary school classrooms by assisting
			 local educational agencies in the recruitment, hiring, and training of 100,000
			 new classroom paraprofessionals. Each local educational agency that receives
			 funds under this Act shall use such funds to carry out effective approaches to
			 achieving such ratio reductions in order to improve educational achievement for
			 both regular and special needs children, with particular consideration given to
			 making such reductions in the early elementary grades.
				(2)Recruitment,
			 hiring, and training
					(A)In
			 generalEach local educational agency that receives funds under
			 this Act—
						(i)may
			 use up to 100 percent of the funds under this Act for recruiting (including
			 through the use of signing bonuses and other financial incentives), hiring, and
			 training paraprofessionals to assist teachers, including teachers employed in
			 bilingual education, special education, and migrant education; and
						(ii)may
			 use up to 25 percent of the funds under this Act—
							(I)for providing
			 professional development (which may include such activities as those described
			 in section 2210 of the Elementary and Secondary
			 Education Act of 1965 (as in effect on the day before the date of
			 the enactment of the No Child Left Behind Act of 2001 (Public Law 107–110; 115
			 Stat. 1425)), opportunities for paraprofessionals to attend multi-week
			 institutes, such as those made available during the summer months, that provide
			 intensive professional development in partnership with local educational
			 agencies, and initiatives that promote retention and mentoring), to
			 paraprofessionals, including paraprofessionals who assist teachers employed in
			 bilingual education, special education, and migrant education; or
							(II)to provide
			 assistance to new and existing paraprofessionals to ensure that such
			 individuals are highly qualified consistent with the requirements of
			 subsections (c) and (d) of section 1119 of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6319).
							(B)Special
			 ruleIn the case of a local educational agency that has already
			 reduced the ratio of students to instructional personnel in grades kindergarten
			 through 3 to 18 or less (or has already reduced such ratio to a State or local
			 goal that was in effect on the day before the enactment of the Departments of
			 Labor, Health and Human Services, and Education, and Related Agencies
			 Appropriations Act, 2001 (Public Law 106–554; 114 Stat. 2763), if that State or
			 local educational agency goal is 20 or less) may use 100 percent of the funds
			 received under this Act—
						(i)to
			 make further student-to-personnel ratio reductions in grades kindergarten
			 through 3;
						(ii)to
			 reduce the student-to-personnel ratio in other grades;
						(iii)to
			 carry out activities to improve paraprofessional quality, including
			 professional development; or
						(iv)to
			 assist paraprofessionals to obtain the education necessary to become licensed
			 and certified teachers.
						(3)Supplement, not
			 supplantEach local educational agency that receives funds under
			 this Act shall use such funds only to supplement, and not to supplant, State
			 and local funds that, in the absence of funds under this Act, would otherwise
			 be spent for activities under this Act.
				(4)LimitationNo
			 funds made available under this Act may be used to increase the salaries or
			 provide benefits, other than participation in professional development,
			 education, or enrichment programs, to paraprofessionals who are not hired under
			 this Act.
				(d)Reporting
				(1)In
			 generalEach State receiving funds under this Act shall submit to
			 the Secretary on a biennial basis a report containing data on the use of funds,
			 the types of services furnished, and the students served under this Act.
				(2)Reports to
			 parentsEach State and local educational agency receiving funds
			 under this Act shall publicly report to parents on its progress in decreasing
			 the ratio of students to personnel in elementary and secondary school
			 classrooms by recruiting, hiring, and training paraprofessionals and on the
			 impact such activities have had, if any, on increasing student academic
			 achievement.
				(3)Disclosure of
			 qualificationsEach school receiving funds under this Act shall
			 provide to parents, upon request, the qualifications of each member of their
			 child’s classroom instructional staff.
				(e)Administrative
			 costsA local educational agency that receives funds under this
			 Act may use not more than 2 percent of such funds for local administrative
			 costs.
			(f)ApplicationEach
			 local educational agency that desires to receive funds under this Act shall
			 include in the application required under section 5133 of the
			 Elementary and Secondary Education Act of
			 1965 (20 U.S.C. 7215b) a description of the agency’s program to
			 reduce the ratio of students to personnel in elementary and secondary school
			 classrooms by recruiting, hiring, and training paraprofessionals.
			(g)DefinitionsFor
			 purposes of this Act:
				(1)The term
			 paraprofessional means an individual who is employed in a public
			 elementary or secondary school under the supervision of a certified or licensed
			 teacher, including individuals employed in bilingual education, special
			 education, and migrant education.
				(2)The term
			 local educational agency has the meaning given to that term in
			 section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 7801).
				(3)The term
			 Secretary means the Secretary of Education.
				(4)The term
			 State is defined as that term is used in section 306(a)(2) of the
			 Departments of Labor, Health and Human Services, and Education, and Related
			 Agencies Appropriations Act, 2001, as enacted by section 1(a)(1) of Public Law
			 106–554.
				(h)Authorization of
			 appropriationsTo carry out this Act, there is authorized to be
			 appropriated $1,000,000,000 for each of fiscal years 2012 through 2016.


 HCON 7 ENR: Providing for a joint session of Congress to receive a message from the President.
U.S. House of Representatives
2015-01-13
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
One Hundred Fourteenth Congress of the United States of America
At the First SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and fifteen
H. CON. RES. 7

January 13, 2015
Agreed to

CONCURRENT RESOLUTION
Providing for a joint session of Congress to receive a message from the President.

That the two Houses of Congress assemble in the Hall of the House of Representatives on Tuesday, January 20, 2015, at 9 p.m., for the purpose of receiving such communication as the President of the United States shall be pleased to make to them.  Clerk of the House of Representatives.Secretary of the Senate.


115 SRES 257 ATS: Designating September 16, 2017, as “Isaac M. Wise Temple Day”.
U.S. Senate
2017-09-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		115th CONGRESS
		1st Session
		S. RES. 257
		IN THE SENATE OF THE UNITED STATES

			September 14, 2017
			Mr. Brown (for himself and Mr. Portman) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Designating September 16, 2017, as Isaac M. Wise Temple Day.

 Whereas 2017 marks the 175th anniversary of the incorporation of the congregation of the Isaac M. Wise Temple in Cincinnati, Ohio;
 Whereas 2017 marks the 150th anniversary of the establishment of the current site for the Isaac M. Wise Temple, also known as the Plum Street Temple;
 Whereas Rabbi Isaac M. Wise led that congregation for nearly a half century, establishing the congregation as the cradle of American Reform Judaism and helping to make Cincinnati a center of Jewish life in the United States;
 Whereas Rabbi Isaac M. Wise founded the Union of American Hebrew Congregations (now known as the Union for Reform Judaism) in 1873 and the Central Conference of Reform Rabbis in 1889 to help lead the United States Jewish Reform movement;
 Whereas Rabbi Isaac M. Wise founded the Hebrew Union College in Cincinnati in 1875, now the oldest rabbinical school in continuous existence in the United States; and
 Whereas the Isaac M. Wise Plum Street Temple is listed on the National Register of Historic Places for the significant role that the Temple played in the history of Reform Judaism and for the unique Moorish architectural style of the Temple: Now, therefore, be it

 That the Senate— (1)designates September 16, 2017, as Isaac M. Wise Temple Day; and
 (2)recognizes the importance of the Isaac M. Wise Temple in— (A)United States Jewish history;
 (B)establishing Cincinnati, Ohio, as a great center of Jewish life; and (C)contributing to religious life in the United States.


116 HR 3887 IH: Student Loan Debt Relief Act of 2019
U.S. House of Representatives
2019-07-23
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. 3887IN THE HOUSE OF REPRESENTATIVESJuly 23, 2019Mr. Clyburn (for himself, Ms. Schakowsky, Mr. Khanna, and Ms. Clarke of New York) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committees on Ways and Means, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo discharge the qualified loan amounts of each individual, and for other purposes.

 1.Short titleThis Act may be cited as the Student Loan Debt Relief Act of 2019. 2.Table of contentsThe table of contents for this Act is as follows:

				Sec. 1. Short title.
				Sec. 2. Table of contents.
				Title I—Loan Discharge and Forbearance
				Sec. 101. Loan discharge.
				Sec. 102. Automatic administrative forbearance; halting of wage garnishment.
				Sec. 103. Staying and prohibition on commencement of actions for collection.
				Sec. 104. Ineligibility for Treasury Offset.
				Title II—Refinancing Programs
				Sec. 201. Refinancing programs.
				Title III—Dischargeability of Student Loans in Bankruptcy
				Sec. 301. Dischargeability of student loans in bankruptcy.
				Title IV—General Provisions
				Sec. 401. Report on progress of implementation.
				Sec. 402. Notification to borrowers.
				Sec. 403. Inapplicability of title IV negotiated rulemaking and master calendar exception.
				Sec. 404. Definitions.

		ILoan Discharge and Forbearance
			101.Loan discharge
 (a)In generalSubject to subsection (f), not later than the date that is 12 months after the date of enactment of this Act, the Secretary of Education shall discharge the qualified loan amount of each individual, without regard to the repayment status of the loan or whether the loan is in default.
				(b)Qualified loan amount
 (1)In generalThe qualified loan amount of an individual is an amount equal to the lesser of— (A)$50,000; and
 (B)the aggregate loan obligation on the eligible Federal loans of the taxpayer that is outstanding on the date of enactment of this Act or, in the case of such loans issued under section 460B of the Higher Education Act of 1965, as added by title II of this Act, on the date on which such loans are issued under such section 460B.
 (2)Limitation based on adjusted gross incomeThe amount discharged under subsection (a) with respect to an individual shall be reduced (but not below zero) by $1 for each $3 (or fraction thereof) by which the taxpayer’s adjusted gross income exceeds $100,000 (twice such amount in the case of a joint return) for the most recent taxable year ending before the date of the enactment of this Act.
					(c)Method of loan discharge
 (1)In generalTo provide the loan discharge required under subsection (a), the Secretary is authorized to carry out a program— (A)through the holder of the loan, to assume the obligation to repay the qualified loan amount for a 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.);
 (B)to cancel the qualified loan amount for a loan made under part D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.), or assigned, referred, or transferred to, or purchased by, the Secretary under such title IV (20 U.S.C. 1070 et seq.), including a Federal Direct Stafford Loan issued under section 460B of the Higher Education Act of 1965, as added by title II of this Act; and
 (C)through the institution of higher education that made the loan from its student loan fund established under part E of such title (20 U.S.C. 1087aa et seq.), to assume the obligation to repay the qualified loan amount for such loan.
 (2)Order of loan dischargeWith respect to an individual with at least 2 eligible Federal loans, the Secretary shall discharge the loans of the individual as follows (except as otherwise indicated by the individual):
 (A)In the case in which the individual has loans with different rates of interest, the loans should be discharged in descending order by rate of interest.
 (B)In the case in which the individual has loans with the same rates of interest, the loans should be discharged in descending order by amount of outstanding principal.
 (d)Exclusion from taxable incomeFor purposes of the Internal Revenue Code of 1986, in the case of an individual, gross income does not include any amount which (but for this subsection) would be includible in gross income by reason of the discharge (in whole or in part) of any loan if such discharge was pursuant to this title.
				(e)Taxpayer information
 (1)In generalThe Secretary of the Treasury may, upon written request from the Secretary of Education, disclose to officers and employees of the Department of Education return information with respect to a taxpayer who has received eligible Federal loans that are outstanding on the date described in subsection (b)(1)(B). Such return information shall be limited to—
 (A)taxpayer identity information with respect to such taxpayer; (B)the filing status of such taxpayer; and
 (C)the adjusted gross income of such taxpayer. (2)Restriction on use of disclosed informationReturn information disclosed under paragraph (1) may be used by officers and employees of the Department of Education only for the purposes of, and to the extent necessary in, establishing the appropriate qualified loan amount of a taxpayer.
 (f)Long-Term settle and compromise discharge authorityNot later than the date that is 24 months after the date of enactment of this Act, the Secretary of Education may use the authority under sections 432(a)(6) and 468(2) of the Higher Education Act of 1965 (20 U.S.C. 1082(a)(6); 1087hh(2)) to discharge loans under this section beyond the period described in subsection (a) for—
 (1)an individual who, through an appeals process established by the Secretary, successfully appeals a loan discharge determination by the Secretary under this section;
 (2)an individual who, due to special circumstances, misses a deadline established by the Secretary in the administration of loan discharges under this section; or
 (3)an individual (or a group of individuals) who the Secretary determines should have received a loan discharge or a discharge amount that is different from the amount of loan discharge received under this section, except that a loan discharge amount received under this subsection may not exceed the qualified loan amount determined for the individual (or the group of individuals) under subsection (b).
 (g)Private student loan dischargeNot later than the date that is 3 months after the date of enactment of this Act, the Secretary of Education, in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers of private education loans—
 (1)that such borrowers may be eligible to refinance such private loans as Federal Direct Stafford Loans under section 460B of the Higher Education Act of 1965, as added by title II of this Act; and
 (2)such Federal Direct Stafford Loans may be eligible for loan discharge under this section. (h)Credit reportingIn the case of a borrower of an eligible Federal loan that was in default prior to being discharged under this section and on which, as a result of such loan discharge, there is no outstanding balance of principal or interest, the Secretary, guaranty agency or other holder of the loan shall request any consumer reporting agency to which the Secretary, guaranty agency or holder, as applicable, reported the default of the loan, to remove the record of the default from the borrower’s credit history.
 (i)Members of CongressIn this section, the terms individual and taxpayer do not include a Member of Congress. 102.Automatic administrative forbearance; halting of wage garnishmentDuring the period beginning on the date of enactment of this Act and ending on the date that is 12 months after such date of enactment, the Secretary of Education—
 (1)shall place each borrower of an eligible Federal loan with an outstanding balance, without any further action required by the borrower (except that the borrower may opt-out of this section), on an administrative forbearance during which periodic installments of principal need not be paid, and interest shall not accrue, on such loan; and
 (2)may not issue an order for wage garnishment or withholding under section 488A of the Higher Education Act of 1965 (20 U.S.C. 1095a) or section 3720D of title 31, United States Code, initiate proceedings to collect debt through deductions from pay under such section 488A or 3720D, or enforce or otherwise require compliance with a wage garnishment or withholding order issued under such section 488A or 3720D before the date of enactment of this Act (which shall include staying any related proceedings).
 103.Staying and prohibition on commencement of actions for collectionUntil 12 months after the date of enactment of this Act, no eligible Federal loan may be referred to the Attorney General for any action seeking collection of any amount owed on that loan and any action pending as of the date of enactment of this Act shall be stayed.
 104.Ineligibility for Treasury OffsetUntil 12 months after the date of enactment of this Act, no claim pertaining to an eligible Federal loan may be certified under section 3716(c)(1) of title 31, United States Code.
			IIRefinancing Programs
			201.Refinancing programs
 (a)Program authoritySection 451(a) of the Higher Education Act of 1965 (20 U.S.C. 1087a(a)) is amended— (1)by striking and (2) and inserting (2); and
 (2)by inserting ; and (3) to make loans under section 460A and section 460B after section 459A. (b)Refinancing ProgramPart D of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq.) is amended by adding at the end the following:

						460A.Refinancing FFEL and Federal Direct Loans
 (a)In generalBeginning not later than 12 months after the date of enactment of the Student Loan Debt Relief Act of 2019, the Secretary shall establish a program under which the Secretary automatically refinances loans made under this part in accordance with the provisions of this section, in order to lower the rate of interest on such loans.
							(b)Refinancing Direct Loans
 (1)Federal Direct LoansWith respect to each Federal Direct Stafford Loan, Federal Direct Unsubsidized Stafford Loan, Federal Direct PLUS Loan, and Federal Direct Consolidation Loan, for which the first disbursement was made to a borrower, or the application for the consolidation loan was received from a borrower, on or before the date of enactment of the Student Loan Debt Relief Act of 2019, the Secretary shall, without any further action by the borrower (other than under subparagraph (C))—
 (A)discharge the liability on such Federal Direct Stafford Loan, Federal Direct Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Consolidation Loan;
 (B)issue to the borrower a new Federal Direct Stafford Loan, Federal Direct Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Consolidation Loan, respectively—
 (i)in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the loan for which the liability is being discharged under subparagraph (A); and
 (ii)which has the same terms and conditions as the original loan, except that the rate of interest shall be determined under subsection (c); and
 (C)provide the borrower an opportunity to opt-out of the refinancing under this paragraph. (2)Refinancing FFEL program loans as refinanced Federal Direct Loans (A)In generalWith respect to each loan that was made, insured, or guaranteed under part B and for which the first disbursement was made to a borrower, or the application for the consolidation loan was received from a borrower, before July 1, 2010, the Secretary shall, without any further action by the borrower (other than to provide the borrower an opportunity to opt-out of the refinancing under this paragraph), issue to the borrower a loan made under this part—
 (i)in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the loan selected to be so refinanced;
 (ii)the proceeds of which shall be paid to the holder of the loan selected to be so refinanced to discharge the liability on such loan; and
 (iii)which has a rate of interest determined under subsection (c). (B)Designation of loansA loan issued under this section the proceeds of which is discharging the liability on a loan made, insured, or guaranteed—
 (i)under section 428 shall be a Federal Direct Stafford Loan; (ii)under section 428B shall be a Federal Direct PLUS Loan;
 (iii)under section 428H shall be a Federal Direct Unsubsidized Stafford Loan; and (iv)under section 428C shall be a Federal Direct Consolidation Loan.
										(c)Interest rates
 (1)In generalThe interest rate for Federal Direct Stafford Loans, Federal Direct Unsubsidized Stafford Loans, Federal Direct PLUS Loans, and Federal Direct Consolidation Loans issued under this section, shall be a rate equal to—
 (A)in a case in which the original loan is a loan under section 428 or 428H, a Federal Direct Stafford loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to an undergraduate student, the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017;
 (B)in a case in which the original loan is a loan under section 428 or 428H, a Federal Direct Stafford Loan, or a Federal Direct Unsubsidized Stafford Loan, that was issued to a graduate or professional student, the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017;
 (C)in an case in which the original loan is a loan under section 428B or a Federal Direct PLUS Loan, the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; and
 (D)in a case in which the original loan is a loan under section 428C or a Federal Direct Consolidation Loan, a rate calculated in accordance with paragraph (2).
									(2)Interest rates for consolidation loans
 (A)Method of calculationTo determine the interest rate for a Federal Direct Federal Consolidation Loan issued under this section, the Secretary shall—
 (i)determine each original loan for which the liability was discharged by the proceeds of a loan under section 428C or a Federal Direct Consolidation Loan, and calculate the proportion of the unpaid principal balance of the loan under section 428C or the Federal Direct Consolidation Loan that is applicable to each such original loan;
 (ii)use the proportions determined in accordance with clause (i) and the interest rate applicable for each original loan, as determined under subparagraph (B), to calculate the weighted average of the interest rates on the loans consolidated into the loan under section 428C or the Federal Direct Consolidation Loan; and
 (iii)apply the weighted average calculated under clause (ii) as the interest rate for the Federal Direct Consolidation Loan made under this section and for which the interest rate is being determined under this paragraph.
 (B)Interest rates for component loansThe interest rate for each original loan for which the liability is discharged by the proceeds of loan made under section 428C or a Federal Direct Consolidation Loan shall be the following:
 (i)The interest rate for any such original loan made, insured or guaranteed under section 428 or 428H, or that is a Federal Direct Stafford Loan or Federal Direct Unsubsidized Stafford Loan, issued to an undergraduate student shall be a rate equal to the lesser of—
 (I)the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; or
 (II)the interest rate on such original loan. (ii)The interest rate for any such original loan made, insured or guaranteed under section 428 or 428H, or that is a Federal Direct Stafford Loan, or Federal Direct Unsubsidized Stafford Loan, issued to a graduate or professional student shall be a rate equal to the lesser of—
 (I)the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; or
 (II)the interest rate on the original loan. (iii)The interest rate for any such original loan made, insured or guaranteed under section 428B or that is a Federal Direct PLUS Loan shall be a rate equal to the lesser of—
 (I)the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; or
 (II)the interest rate on the original loan. (iv)The interest rate for any such original loan that is a loan under section 428C or a Federal Direct Consolidation Loan shall be the weighted average of the interest rates determined under this subparagraph for each loan for which the liability is discharged by the proceeds of such consolidation loan.
 (v)The interest rate for any original loan for which the liability was discharged with the proceeds of a loan made under section 428C or a Federal Direct Consolidation Loan and is not described in clauses (i) through (iv) shall be the interest rate on such original loan.
 (3)Fixed rateThe applicable rate of interest determined under paragraph (1) for a loan issued under this section shall be fixed for the period of the loan.
 (d)Repayment periodsA loan issued under this section shall not result in the extension of the duration of the repayment period of the original loan, and the borrower shall retain the same repayment term that was in effect on the original loan. Nothing in this paragraph shall be construed to prevent a borrower from electing a different repayment plan at any time in accordance with section 455(d)(3).
 (e)Original loan definedIn this section, the term original loan means a loan for which the liability is discharged with the proceeds of a loan issued under this section.
							460B.Refinancing of private education loans
							(a)Program authorized
 (1)In generalDuring the period beginning on the date that is 6 months after the date of enactment of the Student Loan Debt Relief Act of 2019, and ending on the date that is 9 months after such date of enactment, the Secretary, in consultation with the Secretary of the Treasury, shall carry out a program under which the Secretary, upon receiving an application from a borrower who has a loan obligation on an eligible private education loan, shall issue such borrower a loan under this section in accordance with the following:
 (A)The loan issued under this section shall be in an amount equal to the sum of the unpaid principal, accrued unpaid interest, and late charges of the private education loan.
 (B)The Secretary shall pay the proceeds of the loan issued under this section to the private educational lender (or subsequent holder) of the private education loan, in order to discharge the borrower and any cosigners from any remaining obligation to the lender with respect to the private education loan.
 (C)The Secretary shall require that the borrower undergo loan counseling that provides all of the information and counseling required under clauses (i) through (viii) of section 485(b)(1)(A) before the carrying out subparagraphs (A) and (B) with respect to such borrower.
 (D)The Secretary shall issue the loan as a Federal Direct Stafford Loan with a rate of interest determined under subsection (b).
									(b)Interest rate
 (1)In generalThe interest rate for a Federal Direct Stafford Loan issued under this section shall be— (A)in the case of a Federal Direct Stafford Loan discharging the liability on a private education loan issued for undergraduate postsecondary educational expenses, a rate equal to the rate for Federal Direct Stafford Loans and Federal Direct Unsubsidized Stafford Loans issued to undergraduate students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017; and
 (B)in the case of a Federal Direct Stafford Loan discharging the liability on a private education loan issued for graduate or professional degree postsecondary educational expenses, a rate equal to the rate for Federal Direct Unsubsidized Stafford Loans issued to graduate or professional students for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017.
 (2)Combined undergraduate and graduate study loansIn the case of a Federal Direct Stafford Loan discharging the liability on a private education loan issued for both undergraduate and graduate or professional postsecondary educational expenses, the interest rate shall be a rate equal to the rate for Federal Direct PLUS Loans for the 12-month period beginning on July 1, 2016, and ending on June 30, 2017.
 (3)Fixed rateThe applicable rate of interest determined under this subsection for a Federal Direct Stafford Loan issued under this section shall be fixed for the period of the loan.
 (c)No inclusion in aggregate limitsThe amount of a Federal Direct Stafford Loan issued under this section, or a Federal Direct Consolidated Loan to the extent such loan is used to repay such a Federal Direct Stafford Loan, shall not be included in calculating a borrower’s annual or aggregate loan limits under section 428 or 428H.
							(d)Private educational lender reporting requirement
 (1)Reporting requiredNot later than 6 months after the date of enactment of the Student Loan Debt Relief Act of 2019, the Secretary, in consultation with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall establish a requirement that private educational lenders report the data described in paragraph (2) to the Secretary, to Congress, to the Secretary of the Treasury, and to the Director of the Bureau of Consumer Financial Protection, in order to allow for an assessment of the private education loan market.
 (2)Contents of reportingThe data that private educational lenders shall report in accordance with paragraph (1) shall include each of the following about private education loans (as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a))):
 (A)The total amount of private education loan debt the lender holds. (B)The total number of private education loan borrowers the lender serves.
 (C)The average interest rate on the outstanding private education loan debt held by the lender. (D)The proportion of private education loan borrowers who are in default on a loan held by the lender.
 (E)The proportion of the outstanding private education loan volume held by the lender that is in default.
 (F)The proportions of outstanding private education loan borrowers who are 30, 60, and 90 days delinquent.
 (G)The proportions of outstanding private education loan volume that is 30, 60, and 90 days delinquent.
 (e)SunsetThe authority to issue loans under this section shall expire on the date that is 8 months after the date of enactment of the Student Loan Debt Relief Act of 2019.
 (f)DefinitionsIn this section: (1)Private educational lenderThe term private educational lender has the meaning given the term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)).
 (2)Eligible private education loanThe term eligible private education loan means a private education loan, as defined in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)), that—
 (A)was disbursed to the borrower on or before the date of enactment of the Student Loan Debt Relief Act of 2019; and (B)was for the borrower’s own postsecondary educational expenses for an eligible program at an institution of higher education participating in the loan program under this part, as of the date that the loan was disbursed..
 (c)Income-Contingent repaymentSection 455(d)(1)(D) of the Higher Education Act of 1965 (20 U.S.C. 1087e(d)(1)(D)) is amended by inserting before the semicolon at the end the following: , and in calculating the period of time during which a borrower of a loan issued under section 460A has made monthly payments on such loan for purposes of the plan described in this subparagraph, the Secretary shall treat each monthly payment that otherwise meets the requirements of such plan and that was made on a loan for which the liability is discharged by the proceeds of such loan issued under section 460A, as a monthly payment made on such loan issued under section 460A.
 (d)Public service loan forgivenessSection 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended— (1)by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
 (2)by inserting after paragraph (2) the following:  (3)Treatment of loans issued under section 460ANotwithstanding paragraph (1), in determining the number of monthly payments made under paragraph (1) on an eligible Federal Direct Loan issued under section 460A the proceeds of which discharges the liability on a loan made under this part, the Secretary shall treat each monthly payment made under paragraph (1) on the loan before the liability on such loan was so discharged as a monthly payment made on such eligible Federal Direct Loan.;
 (e)Income-Based repaymentSection 493C of the Higher Education Act of 1965 (20 U.S.C. 1098e) is amended by adding at the end the following:

 (f)Treatment of refinanced loansIn calculating the period of time during which a borrower of a loan issued under section 460A has made monthly payments on such loan for purposes of subsection (b)(7), the Secretary shall treat each monthly payment that otherwise meets the requirements of this section and that was made on a loan for which the liability is discharged by the proceeds of such loan issued under section 460A, as a monthly payment made on such loan issued under section 460A..
				IIIDischargeability of Student Loans in Bankruptcy
			301.Dischargeability of student loans in bankruptcy
 (1)Exception to dischargeSection 523(a) of title 11 of the United States Code is amended by striking paragraph (8). (2)Conforming amendmentSection 1328(a)(2) of title 11 of the United States Code is amended by striking (8),.
				IVGeneral Provisions
 401.Report on progress of implementationNot later than the date that is 6 months after the date of enactment of this Act, the Secretary of Education and the Secretary of the Treasury shall, jointly, submit to Congress a report on the progress of the implementation of the provisions of titles I and II.
			402.Notification to borrowers
 (a)In generalNot later than the date that is 3 months after the date of enactment of this Act— (1)the Secretary of Education—
 (A)shall take such steps as may be necessary to notify borrowers of an eligible Federal loan of the loan discharge available under title I, including the applicable deadlines;
 (B)in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to notify borrowers of loans made, insured, or guaranteed under part B or D of title IV of the Higher Education Act of 1965 that such borrowers may be eligible to refinance such loans at a lower rate of interest under section 460A of the Higher Education Act of 1965, as added by title II of this Act, which campaign shall include—
 (i)developing consumer information materials about the availability of such refinancing; and (ii)requiring servicers of such loans to provide such consumer information to borrowers in a manner determined appropriate by the Secretary, in consultation with the Director of the Bureau of Consumer Financial Protection; and
 (C)in coordination with the Secretary of the Treasury and the Director of the Bureau of Consumer Financial Protection, shall undertake a campaign to alert borrowers of private education loans—
 (i)that such borrowers may be eligible to refinance such private loans as Federal Direct Stafford Loans under section 460B of the Higher Education Act of 1965, as added by title II of this Act; and
 (ii)such Federal Direct Stafford Loans may be eligible for loan discharge under title I of this Act; and
 (2)the Secretary of Health and Human Services, in consultation with the Secretary of Education, shall take such steps as may be necessary to inform borrowers of a loan made, insured, or guaranteed by the Department of Health and Human Services that is eligible for consolidation under section 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1087e(g)), that the—
 (A)borrower may be eligible for a Federal Direct Consolidation Loan under such section 455(g); and (B)such Federal Direct Consolidation Loan may be eligible for loan discharge under title I of this Act.
 (b)Notification by private education loan holdersEach holder of a private education loan shall, not later than the date that is 3 months after the date of enactment of this Act, notify the borrower of such private education loan that the borrower may be eligible to refinance the private education loan as a Federal Direct Stafford Loan under section 460B of the Higher Education Act of 1965, and such Federal Direct Stafford Loan may be eligible for loan discharge under title I of this Act.
 403.Inapplicability of title IV negotiated rulemaking and master calendar exceptionSections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to this Act or any amendments made by this Act, or to any regulations promulgated under this Act or under such amendments.
 404.DefinitionsIn this Act: (1)Eligible Federal loanThe term eligible Federal loan means—
 (A)a loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.) (other than a loan described in subparagraph (B)) on or before the date of enactment of this Act; or
 (B)a Federal Direct Stafford Loan issued under section 460B of the Higher Education Act of 1965, as added by title II of this Act, on a date that is not later than 9 months after the date of enactment of this Act.
 (2)Private education loanThe term private education loan has the meaning given such term in section 140(a) of the Truth in Lending Act (15 U.S.C. 1650(a)). (3)SecretaryThe term Secretary means the Secretary of Education.
 (4)TaxpayerThe term taxpayer has the meaning given such term in section 7701 of the Internal Revenue Code of 1986.


116 HR 1259 IH: Due Process Restoration Act of 2019
U.S. House of Representatives
2019-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1259IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2019Mr. Davidson of Ohio (for himself, Mr. Hill of Arkansas, Mr. Banks, Mr. Kevin Hern of Oklahoma, Mr. Norman, Mr. LaMalfa, and Mr. Posey) introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo authorize private parties to compel the Securities and Exchange Commission to seek sanctions by
			 filing civil actions, and for other purposes.

 1.Short titleThis Act may be cited as the Due Process Restoration Act of 2019. 2.Private parties authorized to compel the Securities and Exchange Commission to seek sanctions by filing civil actionsTitle I of the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by adding at the end the following:

				41.Private parties authorized to compel the Commission to seek sanctions by filing civil actions
 (a)Termination of administrative proceedingIn the case of any person who is a party to a proceeding brought by the Commission under a securities law, to which section 554 of title 5, United States Code, applies, and against whom an order imposing a cease and desist order and a penalty may be issued at the conclusion of the proceeding, that person may, not later than 20 days after receiving notice of such proceeding, and at that person’s discretion, require the Commission to terminate the proceeding.
 (b)Civil action authorizedIf a person requires the Commission to terminate a proceeding pursuant to subsection (a), the Commission may bring a civil action against that person for the same remedy that might be imposed.
 (c)VenueAn action brought by the Commission under subsection (b) may be brought only in accordance with the requirements relating to venue under section 1391 of title 28, United States Code..


115 HR 1998 IH: To direct the Secretary of Veterans Affairs to notify the Committees on Veterans’ Affairs of the Senate and the House of Representatives and certain Members of Congress before the expiration or termination of a HUD-VASH contract, and for other purposes.
U.S. House of Representatives
2017-04-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1998IN THE HOUSE OF REPRESENTATIVESApril 6, 2017Mr. Brendan F. Boyle of Pennsylvania (for himself and Mr. Takano) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to notify the Committees on Veterans’ Affairs of the
			 Senate and the House of Representatives and certain Members of Congress
			 before the expiration or termination of a HUD-VASH contract, and for other
			 purposes.

		1.Notification of termination or expiration of a HUD-VASH contract
 (a)NotificationNot later than 90 days before the date on which a HUD-VASH contract terminates or expires, the Secretary of Veterans Affairs shall notify the relevant committees and Members of Congress of such termination or expiration.
 (b)PlanNot later than 60 days after the date of a notification under subsection (a), the Secretary shall notify the relevant committees and Members of Congress of the plan of the Secretary to provide assistance to veterans served under such contract.
 (c)DefinitionsIn this section: (1)The term HUD-VASH contract means a contract for assistance under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).
 (2)The term Member of Congress has the meaning given such term in section 7297(a)(7) of title 38, United States Code. (3)The term relevant committees and Members of Congress includes the following:
 (A)The Committee on Veterans’ Affairs of the Senate. (B)The Committee on Veterans’ Affairs of the House of Representatives.
 (C)Each Member of Congress from the jurisdiction covered by a HUD-VASH contract for which the Secretary must issue a notification under subsection (a).


113 HR 2089 IH: Defending State Authority Over Education Act of 2013
U.S. House of Representatives
2013-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2089
		IN THE HOUSE OF REPRESENTATIVES

			May 22, 2013
			Mrs. Roby (for
			 herself and Mr. Rokita) introduced the
			 following bill; which was referred to the Committee on Education and the
			 Workforce

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to prohibit Federal mandates, direction, or control, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Defending State Authority Over Education Act of
			 2013 .
		2.Voluntary
			 partnershipsSection 1111(k)
			 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(k)) is
			 amended by adding at the end the following: Except that the Secretary
			 shall not attempt to influence, incentivize, or coerce State participation in
			 any such partnerships..
		3.Specific
			 limitationsSection 9401 of
			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7861) is
			 amended—
			(1)by redesignating
			 subsections (e), (f), and (g), as subsections (f), (g), and (h), respectively;
			 and
			(2)by inserting after
			 subsection (d) the following new subsection:

					(e)Specific
				limitationsThe Secretary shall not require a State educational
				agency, local educational agency, or Indian tribe, as a condition of approval
				of a waiver request, to—
						(1)include in, or
				delete from, such request, specific academic standards;
						(2)use specific
				academic assessment instruments or items; or
						(3)include in, or
				delete from, such waiver request any criterion that specifies, defines, or
				prescribes the standards or measures that a State or local educational agency
				or Indian tribe uses to establish, implement, or improve—
							(A)State academic
				standards;
							(B)academic
				assessments;
							(C)State
				accountability systems; or
							(D)teacher and school
				leader evaluation
				systems.
							.
			4.Prohibition
			 against Federal mandates, direction, or control
			(a)In
			 generalSubpart 2 of part E
			 of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
			 7901 et seq.) is amended by inserting after section 9526 the following new
			 section:

					9526A.Prohibition
				against Federal mandates, direction, or control
						(a)In
				generalNo officer or employee of the Federal Government shall,
				directly or indirectly, through grants, contracts, or other cooperative
				agreements, mandate, direct, or control a State, local educational agency, or
				school’s specific instructional content, academic standards and assessments,
				curricula, or program of instruction, nor shall anything in this Act be
				construed to authorize such officer or employee to do so.
						(b)Financial
				supportNo officer or employee of the Federal Government shall,
				directly or indirectly, through grants, contracts, or other cooperative
				agreements, make financial support available in a manner that is conditioned
				upon a State, local educational agency, or school’s adoption of specific
				instructional content, academic standards and assessments, curriculum, or
				program of instruction even if such requirements are specified in an Act other
				than this Act, nor shall anything in this Act be construed to authorize such
				officer or employee to do
				so.
						.
			(b)Clerical
			 amendmentThe table of
			 contents for the Elementary and Secondary Education Act of 1965 is amended by
			 inserting after the item relating to section 9526 the following:

						Sec. 9526A. Prohibition against Federal
				mandates, direction, or
				control.

					.


114 HR 3271 IH: To amend the Federal Water Pollution Control Act to allow preservation leasing as a form of compensatory mitigation for discharges of dredged or fill material affecting State or Indian land, and for other purposes.
U.S. House of Representatives
2015-07-28
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.

I
114th CONGRESS
1st Session
H. R. 3271
IN THE HOUSE OF REPRESENTATIVES

July 28, 2015
Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend the Federal Water Pollution Control Act to allow preservation leasing as a form of compensatory mitigation for discharges of dredged or fill material affecting State or Indian land, and for other purposes.

1.Preservation leasing of State or Indian land
(a)In generalSection 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) is amended by adding at the end the following:  (u)Preservation leasing of State or Indian land (1)In generalThe Secretary shall allow a permittee to satisfy compensatory mitigation requirements for a permitted activity by entering into a preservation lease with—
(A)a State if the permitted activity affects wetlands that are located in the same watershed as the State land to be leased; or (B)an Indian tribe if the permitted activity affects wetlands that are located in the same watershed as the Indian land to be leased.
(2)Preservation leaseAs used in paragraph (1), a preservation lease is an agreement under which a permittee leases wetlands or other aquatic sites on State or Indian land for the sole purpose of preserving the wetlands or other aquatic sites in an undisturbed state during the term of the lease to mitigate for a permitted activity. (3)TermIn order to satisfy compensatory mitigation requirements, the term of a preservation lease may be not less than the life of the permitted activity, and such term shall be adjusted to account for the cessation, in whole or in part, of the impacts caused by the permitted activity.
(4)Situations in which permittee ceases to maintain permitted activity
(A)Permit modificationsIf a permittee enters into a preservation lease with a State or Indian tribe under this subsection and subsequently ceases to maintain the permitted activity, or seeks to abandon the permitted activity without a good faith transfer, the permittee shall obtain a permit modification from the Secretary, which may require restoration and rehabilitation of the area. (B)Consultation with State or Indian tribeBefore making a determination under subparagraph (A) as to whether, and to what degree, restoration and rehabilitation are required, the Secretary shall consult, and fully consider, the position of the State or Indian tribe that is a party to any preservation lease associated with the permitted activity.
(C)Restoration and rehabilitation plans
(i)In generalIf the Secretary determines under subparagraph (A) that restoration and rehabilitation are required, the Secretary may require the permittee to submit to the Secretary and the State or Indian tribe, as appropriate, a plan for conducting the restoration and rehabilitation. (ii)ContentsA restoration and rehabilitation plan submitted under clause (i) shall include, at a minimum, goals and objectives, performance standards, and plans for site treatment, reporting, remedial work, and monitoring to ensure that performance standards are met.
(D)Reversion of landAfter activities conducted under a restoration and rehabilitation plan submitted under subparagraph (D)(i) have been completed, and the hydrological functions and fish and wildlife habitat of the area impacted by the permitted activity have been restored pursuant to the restoration and rehabilitation plan, the land subject to the lease shall revert back to the State or Indian tribe, as appropriate, without restriction. (5)DefinitionsIn this subsection, the following definitions apply:
(A)Indian landThe term Indian land means land owned by, operated by, or otherwise belonging to an Indian tribe. (B)Indian tribeThe term Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(C)Permitted activityThe term permitted activity means a discharge of dredged or fill material for which a permit is issued under this section. (D)PermitteeThe term permittee means a person that is issued a permit under this section.
(E)State landThe term State land means land owned by, operated by, or otherwise belonging to a State..  (b)ApplicabilityThe amendment made by subsection (a) shall apply to permits issued under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) after the date of enactment of this Act.


		II
		110th CONGRESS
		1st Session
		S. 139
		IN THE SENATE OF THE UNITED
		  STATES

			January 4, 2007
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To expedite review by the Supreme Court of
		  the warrantless electronic surveillance program of the National Security
		  Agency.

		1.Short titleThis Act may be cited as the Foreign
			 Surveillance Expedited Review Act.
		2.Standing for declaratory and injunctive
			 relief for persons who refrain from electronic communications by reason of fear
			 of warrantless electronic surveillance
			(a)StandingA United States citizen who has refrained
			 or is refraining from wire communications because of a reasonable fear that
			 such communications will be the subject of electronic surveillance conducted
			 without an order issued in accordance with title I of the Foreign Intelligence
			 Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) under a claim of Presidential
			 authority under either the Constitution of the United States or the
			 Authorization for Use of Military Force (Public Law 107–40; 115 Stat. 224; 50
			 U.S.C. 1541 note) shall have standing to file a petition for declaratory or
			 injunctive relief with respect to such warrantless electronic
			 surveillance.
			(b)Rules Applicable to ActionsIn any action for declaratory or injunctive
			 relief under subsection (a), the following shall apply:
				(1)The action shall be filed in the United
			 States District Court for the District of Columbia and shall be heard by a
			 3-judge court convened pursuant to section 2284 of title 28, United States
			 Code.
				(2)A copy of the complaint shall be delivered
			 promptly to the Attorney General, the Clerk of the House of Representatives,
			 and the Secretary of the Senate.
				(3)A reasonable fear shall be established by
			 evidence that the person bringing the action—
					(A)has and will continue to have regular wire
			 communications from the United States to one or more persons in Afghanistan,
			 Iraq, Pakistan, or any country designated as a state sponsor of terrorism in
			 the course of that person’s paid employment doing journalistic, academic, or
			 other research pertaining to terrorism or terrorist groups; or
					(B)has engaged and will continue to engage in
			 one or more commercial transactions with a bank or other financial institution
			 in a country described in subparagraph (A).
					(4)The procedures and standards of the
			 Classified Information Procedures Act (18 U.S.C. App.) shall apply to the
			 action.
				(5)A final decision in the action shall be
			 reviewable only by appeal directly to the Supreme Court of the United States.
			 Such appeal shall be taken by the filing of a notice of appeal within 10 days,
			 and the filing of a jurisdictional statement within 30 days, of the entry of
			 the final decision.
				(6)It shall be the duty of the United States
			 District Court for the District of Columbia and the Supreme Court of the United
			 States to advance on the docket and to expedite to the greatest possible extent
			 the disposition of the action and appeal.
				(c)DefinitionsIn this section, the terms electronic
			 surveillance and wire communication have the meaning given
			 such terms in section 101 of the Foreign Intelligence Surveillance Act of 1978
			 (50 U.S.C. 1801).