		II

		109th CONGRESS

		2d Session

		S. 2413

		IN THE SENATE OF THE UNITED STATES

			March 14, 2006

			Mr. Biden (for himself

			 and Mr. Lugar) introduced the following

			 bill; which was read twice and referred to the

			 Committee on the

			 Judiciary

		A BILL

		To establish the Return of Talent Program to allow aliens

		  who are legally present in the United States to return temporarily to the

		  country of citizenship of the alien if that country is engaged in post-conflict

		  or natural disaster reconstruction, and for other purposes.

		1.Short titleThis Act may be cited as the

			 Return of Talent

			 Act.

		2.Return of Talent

			 Program

			(a)In

			 generalTitle III of the Immigration and Nationality Act (8 U.S.C. 1401 et

			 seq.) is amended by inserting after section 317 the following:

					317A.Temporary absence of persons participating in the Return of

		  Talent Program(a)In

				generalThe Secretary of Homeland Security, in consultation with

				the Secretary of State, shall establish the Return of Talent Program to permit

				eligible aliens to temporarily return to the alien’s country of citizenship in

				order to make a material contribution to that country if the country is engaged

				in post-conflict or natural disaster reconstruction activities, for a period

				not exceeding 24 months, unless an exception is granted under subsection

				(d).

						(b)Eligible

				alienAn alien is eligible to participate in the Return of Talent

				Program established under subsection (a) if the alien meets the special

				immigrant description under section 101(a)(27)(N).

						(c)Family

				membersThe spouse, parents, siblings, and any minor children of

				an alien who participates in the Return of Talent Program established under

				subsection (a) may return to such alien’s country of citizenship with the alien

				and reenter the United States with the alien.

						(d)Extension of

				timeThe Secretary of Homeland Security may extend the 24-month

				period referred to in subsection (a) upon a showing that circumstances warrant

				that an extension is necessary for post-conflict or natural disaster

				reconstruction efforts.

						(e)Residency

				requirementsAn immigrant described in section 101(a)(27)(N) who

				participates in the Return of Talent Program established under subsection (a),

				and the spouse, parents, siblings, and any minor children who accompany such

				immigrant to that immigrant’s country of citizenship, shall be considered,

				during such period of participation in the program—

							(1)for purposes of

				section 316(a), physically present and residing in the United States for

				purposes of naturalization within the meaning of that section; and

							(2)for purposes of

				section 316(b), to meet the continuous residency requirements in that

				section.

							(f)Oversight and

				enforcementThe Secretary of Homeland Security, in consultation

				with the Secretary of State, shall oversee and enforce the requirements of this

				section.

						.

			(b)Table of

			 contentsThe table of contents for the

			 Immigration and Nationality Act

			 (8 U.S.C.

			 1101 et seq.) is amended by inserting after the item relating

			 to section 317 the following:

						317A. Temporary absence of persons

				participating in the Return of Talent

				Program.

					.

			3.Eligible

			 immigrantsSection 101(a)(27)

			 of the Immigration and Nationality Act

			 (8 U.S.C.

			 1101(a)(27)) is amended—

			(1)in subparagraph

			 (L), by inserting a semicolon after Improvement Act of

			 1998;

			(2)in subparagraph

			 (M), by striking the period and inserting ; or; and

			(3)by adding at the

			 end the following:

					(N)an immigrant who—

						(i)has been lawfully admitted to the

				United States for permanent residence;

						(ii)demonstrates an ability and

				willingness to make a material contribution to the post-conflict or natural

				disaster reconstruction in the alien’s country of citizenship; and

						(iii)as determined by the Secretary of

				State in consultation with the Secretary of Homeland Security—

							(I)is a citizen of a country in which Armed

				Forces of the United States are engaged, or have engaged in the 10 years

				preceding such determination, in combat or peacekeeping operations;

							(II)is a citizen of a country where

				authorization for United Nations peacekeeping operations was initiated by the

				United Nations Security Council during the 10 years preceding such

				determination; or

							(III)is a citizen of a country which

				received, during the preceding 2 years, funding from the Office of Foreign

				Disaster Assistance of the United States Agency for International Development

				in response to a declared disaster in such country by the United States

				Ambassador, the Chief of the U.S. Mission, or the appropriate Assistant

				Secretary of State, that is beyond the ability of such country's response

				capacity and warrants a response by the United States

				Government.

							.

			4.Report to

			 CongressNot later than 2

			 years after the date of enactment of this Act, the Secretary of Homeland

			 Security, in consultation with the Secretary of State, shall submit a report to

			 Congress that describes—

			(1)the countries of

			 citizenship of the participants in the Return of Talent Program established

			 under section 2;

			(2)the post-conflict

			 or natural disaster reconstruction efforts that benefitted, or were made

			 possible, through participation in the program; and

			(3)any other

			 information that the Secretary of Homeland Security determines to be

			 appropriate.

			5.RegulationsNot later than 6 months after the date of

			 enactment of this Act, the Secretary of Homeland Security shall promulgate

			 regulations to carry out this Act and the amendments made by this Act.

		6.Authorization of

			 appropriationsThere are

			 authorized to be appropriated to the Bureau of Citizenship and Immigration

			 Services for fiscal year 2007, such sums as may be necessary to carry out this

			 Act and the amendments made by this Act.


115 HR 6289 IH: District of Columbia Board of Zoning Adjustment Home Rule Act
U.S. House of Representatives
2018-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6289IN THE HOUSE OF REPRESENTATIVESJune 28, 2018Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo revise the composition of the Board of Zoning Adjustment for the District of Columbia so that
			 the Board will consist solely of members appointed by the government of
			 the District of Columbia, except when the Board is performing functions
			 regarding an application by a foreign mission with respect to a chancery.

 1.Short titleThis Act may be cited as the District of Columbia Board of Zoning Adjustment Home Rule Act. 2.Revision of composition of Board of Zoning Adjustment (a)Revision (1)In generalThe first undesignated paragraph of section 8 of the Act of June 20, 1938 (52 Stat. 799; sec. 6–641.07(a), D.C. Official Code), is amended by striking which shall be composed and all that follows through a resident of the District of Columbia and inserting which shall be composed of 5 members appointed by the Mayor of the District of Columbia with the advice and consent of the Council of the District of Columbia, each of whom shall have been a resident of the District of Columbia.
 (2)Conforming amendmentThe second undesignated paragraph of section 8 of such Act (52 Stat. 799; sec. 6–641.07(b), D.C. Official Code), is amended—
 (A)by striking the first and second sentences; and (B)by striking the 3 members appointed by the Mayor of the District of Columbia with the advice and consent of the Council of the District of Columbia each place it appears and inserting the members.
 (b)Conforming amendment relating to functions regarding foreign missionsSection 206(i) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4306(i)) is amended to read as follows:

 (i)Whenever the Board of Zoning Adjustment is performing functions regarding an application by a foreign mission with respect to the location, expansion, or replacement of a chancery—
 (1)the Secretary of Defense, the Secretary of the Interior, the Administrator of General Services, or the Director of the National Park Service (or such alternate as such official may from time to time designate), as designated by the President, shall serve as a member of the Board in lieu of one of the other members of the Board (as designated by the Mayor of the District of Columbia); and
 (2)the Executive Director of the National Capital Planning Commission shall serve as a member of the Board in lieu of one of the other members of the Board (as designated by the Mayor of the District of Columbia)..
 (c)Effective dateThe amendments made by this Act shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act.


117 HR 917 IH: Kangaroo Protection Act of 2021
U.S. House of Representatives
2021-02-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 917IN THE HOUSE OF REPRESENTATIVESFebruary 8, 2021Mr. Carbajal (for himself and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo prohibit the sale of kangaroo products, and for other purposes.1.Short titleThis Act may be cited as the Kangaroo Protection Act of 2021. 2.Prohibited acts with respect to kangaroos(a)In generalChapter 3 of title 18, United States Code, is amended by adding at the end the following new section: 50.Prohibited acts with respect to kangaroos(a)In generalNo person may knowingly—(1)bring into the United States for commercial purposes, possess with the intent to sell, or sell a kangaroo (as defined by subsection (h)); or(2)introduce into interstate commerce, manufacture for introduction into interstate commerce, sell, trade, or advertise in interstate commerce, offer to sell, or transport or distribute in interstate commerce, any kangaroo product (as defined by subsection (h)).(b)Criminal penaltiesAny person who violates any provision of this section shall be subject to a criminal penalty of not more than—(1)one year in prison for each prohibited action under subsection (a); or(2)$10,000 for each prohibited action under subsection (a). (c)Civil penaltyAny person who violates any provision of this section may be assessed a civil penalty of not more than $10,000 for each prohibited action under subsection (a).(d)ForfeitureAny kangaroo or kangaroo product (as defined by subsection (h)) found to be used by a person in violation of subsection (a), shall be subject to forfeiture to the United States. (e)RegulationsThe Secretary of the Interior, in consultation with the Attorney General, the Secretary of Commerce, the Secretary of Agriculture, or any other agency the Secretary of the Interior determines necessary for consultation, may issue regulations appropriate to carry out this Act. (f)EnforcementThe Secretary of the Interior, in consultation with the Attorney General, the Secretary of Commerce, the Secretary of Agriculture, or any other agency the Secretary of the Interior determines necessary for consultation, shall enforce this Act or any regulation implemented pursuant to this Act.(g)Citizen suit(1)Except as provided in paragraph (3), any person may commence a civil suit on their own behalf— (A)to enjoin any person, including the United States and any other governmental instrumentality or agency (to the extent permitted by the eleventh amendment to the Constitution), who is alleged to be in violation of any provision of this section or regulation issued under the authority thereof; or(B)against the Secretary of the Interior where there is alleged a failure of the Secretary to perform any act or duty under this section which is not discretionary with the Secretary. (2)The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce any such provision or regulation, or to order the Secretary of the Interior to perform such act or duty, as the case may be.(3)(A)No action may be commenced under paragraph (1)(A) of this section—(i)prior to sixty days after written notice of the violation has been given to the Secretary, and to any alleged violator of any such provision or regulation;(ii)if the United States has commenced action to impose a civil penalty pursuant to this section; or (iii)if the United States has commenced and is diligently prosecuting a criminal action in a court of the United States or a State to redress a violation of any such provision or regulation. (B)No action may be commenced under subparagraph (1)(B) of this section prior to sixty days after written notice has been given to the Secretary.(4)(A)Any suit under this subsection may be brought in the judicial district in which the violation occurs. (B)In any such suit under this subsection in which the United States is not a party, the Attorney General, at the request of the Secretary of the Interior, may intervene on behalf of the United States as a matter of right.(5)The court, in issuing any final order in any suit brought pursuant to paragraph (1) of this subsection, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate. (6)Any injunctive relief provided under this subsection shall not restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any standard or limitation or to seek any other relief (including relief against the Secretary or a State agency).(h)DefinitionsIn this section: (1)KangarooThe term kangaroo means any dead animal of the species or a part of any dead animal of the species Osphranter rufus (commonly known as the red kangaroo), Macropus giganteus (commonly known as the eastern grey kangaroo), Macropus fuliginosus (commonly known as the western grey kangaroo), or Osphranter robustus (commonly known as the common wallaroo kangaroo).(2)Kangaroo productThe term kangaroo product means any item that is composed in whole or in part of a kangaroo. (3)PersonThe term person includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States.(4)United StatesThe term United States, when used in a geographical context, means each of the several States of the United States, the District of Columbia, and territories and possessions of the United States. .(b)Clerical amendmentThe table of contents of chapter 3 of title 18, United States Code, is amended by inserting after the item relating to section 49 the following: 50. Prohibited acts with respect to kangaroos..(c)Effective dateThe amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.


		II
		109th CONGRESS
		2d Session
		S. 3486
		IN THE SENATE OF THE UNITED
		  STATES

			June 8, 2006
			Mr. Reid (for
			 Mr. Rockefeller (for himself,
			 Mr. Jeffords, Mr. Baucus, Mr.
			 Leahy, and Ms. Stabenow))
			 introduced the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To protect the privacy of veterans, spouses
		  of veterans, and other persons affected by the security breach at the
		  Department of Veterans Affairs on May 3, 2006, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Veterans and Military Privacy
			 Protection Act of 2006.
		2.Federal Trade
			 Commission program for veterans, spouses of veterans, and others at risk of
			 identity theft
			(a)Program
			 requiredThe Federal Trade
			 Commission shall, in consultation with the Secretary of Veterans Affairs,
			 develop and implement a program to provide financial counseling and support to
			 any veteran, spouse, or other person described in subsection (e).
			(b)AccessThe program required by subsection (a)
			 shall be accessible through a toll-free telephone number (commonly referred to
			 as an 800 number) established and operated by the Federal Trade
			 Commission for purposes of the program.
			(c)ElementsUnder the program required by subsection
			 (a), the Federal Trade Commission shall—
				(1)provide to veterans, spouses, and other
			 persons described in subsection (e) such financial and other counseling as the
			 Commission considers appropriate relating to identity theft and the theft of
			 data as described in that subsection; and
				(2)upon request of any veteran, spouse, or
			 other person described in subsection (e), assist such individual in securing
			 the placement of an extended fraud alert or credit security freeze under
			 sections 605A(b)(3) and 605C of the Fair Credit Reporting Act, as added by this
			 Act, respectively.
				(d)Persons not
			 subject to identity theft
				(1)Notice to ftc
			 of identification of veterans or others not subject to identity
			 theftUpon conclusively
			 identifying any veteran, spouse, or other person described in subsection (e) as
			 not being at risk of identity theft as a result of the security breach at the
			 Department of Veterans Affairs on May 3, 2006, the Secretary shall immediately
			 notify the Federal Trade Commission of such identification.
				(2)Notice to
			 veterans and othersThe
			 program required by subsection (a) shall include mechanisms to ensure that any
			 veteran, spouse, or other person who seeks counseling and support under the
			 program after receipt by the Commission of notice under paragraph (1) covering
			 such veteran is informed that such veteran or person is no longer subject to
			 identity theft as a result of the security breach at the Department of Veterans
			 Affairs on May 3, 2006.
				(e)ApplicabilityThis section shall apply with respect
			 to—
				(1)any veteran, as defined in section 101 of
			 title 38, United States Code, who may be a victim of identity theft as a result
			 of the security breach at the Department of Veterans Affairs on May 3,
			 2006;
				(2)any spouse (or former spouse) of such
			 veteran who the Secretary of Veterans Affairs has conclusively identified as
			 being at risk of identity theft as a result of that security breach; and
				(3)any other person who the Secretary of
			 Veterans Affairs has conclusively identified as being at risk of identity theft
			 as a result of that security breach.
				3.Extended consumer
			 credit fraud alerts and security freezes for veterans and other persons
			 affected by security breach
			(a)Automatic fraud
			 alertsSection 605A(b) of the
			 Fair Credit Reporting Act (15 U.S.C. 1681c–1(b)) is amended by adding at the
			 end the following:

					(3)Automatic
				extended fraud alerts for certain veterans and others affected by security
				breach
						(A)In
				generalUpon the direct
				request of a veteran, spouse, or other person described in subparagraph (D),
				each consumer reporting agency described in section 603(p)(1) that maintains a
				file on that individual shall take the actions specified in subparagraphs (A)
				through (C) of paragraph (1) with respect to that individual.
						(B)Automatic
				alertsNotwithstanding the
				requirements of paragraph (1), a veteran, spouse, or other person described in
				subparagraph (D) is not required to submit any identity theft report, proof of
				identity, or other documentation with respect to an extended fraud alert
				required by subparagraph (A).
						(C)Veterans and
				others not subject to identity theftUpon conclusively identifying any veteran,
				spouse, or other person described in subparagraph (D) as not being at risk of
				identity theft as a result of the security breach described in subparagraph
				(A)—
							(i)the Secretary of Veterans Affairs shall
				immediately notify each consumer reporting agency and the veteran, spouse, or
				other person involved that such individual is no longer subject to identity
				theft as a result of the security breach described in subparagraph (A);
				and
							(ii)the requirements of subparagraph (A) shall
				no longer apply with respect to any such veteran, spouse, or other person, as
				of the date of such notification.
							(D)ApplicabilityThis paragraph shall apply to—
							(i)any veteran, as defined in section 101 of
				title 38, United States Code, who may be a victim of identity theft as a result
				of the security breach at the Department of Veterans Affairs on May 3,
				2006;
							(ii)any spouse (or former spouse) of such
				veteran who the Secretary of Veterans Affairs has conclusively identified as
				being at risk of identity theft as a result of that security breach; and
							(iii)any other person who the Secretary of
				Veterans Affairs has conclusively identified as being at risk of identity theft
				as a result of that security
				breach.
							.
			(b)Security
			 freezes for veteransThe Fair
			 Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after
			 section 605B the following:

					605C.Security freezes for certain
				veterans
						(a)ApplicabilityThis section shall apply with respect
				to—
							(1)any veteran, as defined in section 101 of
				title 38, United States Code, who may be a victim of identity theft as a result
				of the security breach at the Department of Veterans Affairs on May 3,
				2006;
							(2)any spouse (or former spouse) of such
				veteran who the Secretary of Veterans Affairs has conclusively identified as
				being at risk of identity theft as a result of that security breach; and
							(3)any other person who the Secretary of
				Veterans Affairs has conclusively identified as being at risk of identity theft
				as a result of that security breach.
							(b)Security freezes
							(1)EmplacementA veteran, spouse, or other person
				described in subsection (a) may include a security freeze in the file of that
				veteran, spouse, or other person maintained by a consumer reporting agency
				described in section 603(p)(1), by making a request to the consumer reporting
				agency in writing, by telephone, or through a secure electronic connection made
				available by the consumer reporting agency.
							(2)Consumer disclosureIf a veteran, spouse, or other person
				described in subsection (a) requests a security freeze under this section, the
				consumer reporting agency shall disclose to that individual the process of
				placing and removing the security freeze and explain to that individual the
				potential consequences of the security freeze. A consumer reporting agency may
				not imply or inform a veteran, spouse, or other person described in subsection
				(a) that the placement or presence of a security freeze on the file of that
				individual may negatively affect their credit score.
							(c)Effect of Security
				Freeze
							(1)Release of information
				blockedIf a security freeze
				is in place in the file of a veteran, spouse, or other person described in
				subsection (a), a consumer reporting agency may not release information from
				the file of that individual for consumer credit purposes to a third party
				without prior express written authorization from that individual.
							(2)Information provided to third
				partiesParagraph (2) does
				not prevent a consumer reporting agency from advising a third party that a
				security freeze is in effect with respect to the file of a veteran, spouse, or
				other person described in subsection (a). If a third party, in connection with
				an application for credit, requests access to a consumer file on which a
				security freeze is in place under this section, the third party may treat the
				application as incomplete.
							(3)Credit score not
				affectedThe placement of a
				security freeze under this section may not be taken into account for any
				purpose in determining the credit score of the veteran, spouse, or other person
				to whom the security freeze relates.
							(d)Removal; Temporary
				Suspension
							(1)In generalExcept as provided in paragraph (4), a
				security freeze under this section shall remain in place until the veteran,
				spouse, or other person to whom it relates requests that the security freeze be
				removed. The veteran, spouse, or other person may remove a security freeze on
				his or her file by making a request to the consumer reporting agency in
				writing, by telephone, or through a secure electronic connection made available
				by the consumer reporting agency.
							(2)ConditionsA consumer reporting agency may remove a
				security freeze placed in the file of a veteran, spouse, or other person under
				this section only—
								(A)upon request of the veteran, spouse, or
				other person, pursuant to paragraph (1); or
								(B)if the agency determines that the file of
				that veteran, spouse, or other person was frozen due to a material
				misrepresentation of fact by that veteran, spouse, or other person.
								(3)Notification to
				consumerIf a consumer
				reporting agency intends to remove a security freeze pursuant to paragraph
				(2)(B), the consumer reporting agency shall notify the veteran, spouse, or
				other person to whom the security freeze relates in writing prior to removing
				the freeze.
							(4)Temporary
				suspensionA veteran, spouse,
				or other person described in subsection (a) may have a security freeze under
				this section temporarily suspended by making a request to the consumer
				reporting agency in writing or by telephone and specifying beginning and ending
				dates for the period during which the security freeze is not to apply.
							(e)Response Times; Notification of
				Other Entities
							(1)In generalA consumer reporting agency shall—
								(A)place a security freeze in the file of a
				veteran, spouse, or other person under subsection (b) not later than 5 business
				days after receiving a request from the veteran, spouse, or other person under
				subsection (b)(1); and
								(B)remove or temporarily suspend a security
				freeze not later than 3 business days after receiving a request for removal or
				temporary suspension from the veteran, spouse, or other person under subsection
				(d).
								(2)Notification of other
				agenciesA consumer reporting
				agency shall notify all other consumer reporting agencies described in section
				603(p)(1) of a request under this section not later than 3 days after placing,
				removing, or temporarily suspending a security freeze in the file of the
				veteran, spouse, or other person under subsection (b), (d)(2)(A), or
				(d)(4).
							(3)Implementation by other
				agenciesA consumer reporting
				agency that is notified of a request under paragraph (2) to place, remove, or
				temporarily suspend a security freeze in the file of a veteran, spouse, or
				other person shall—
								(A)request proper identification from the
				veteran, spouse, or other person, in accordance with subsection (g), not later
				than 3 business days after receiving the notification; and
								(B)place, remove, or temporarily suspend the
				security freeze on that credit report not later than 3 business days after
				receiving proper identification.
								(f)ConfirmationExcept as provided in subsection (c)(3),
				whenever a consumer reporting agency places, removes, or temporarily suspends a
				security freeze at the request of a veteran, spouse, or other person under
				subsection (b) or (d), respectively, it shall send a written confirmation
				thereof to the veteran, spouse, or other person not later than 10 business days
				after placing, removing, or temporarily suspending the security freeze. This
				subsection does not apply to the placement, removal, or temporary suspension of
				a security freeze by a consumer reporting agency because of a notification
				received under subsection (e)(2).
						(g)ID RequiredA consumer reporting agency may not place,
				remove, or temporarily suspend a security freeze in the file of a veteran,
				spouse, or other person described in subsection (a) at the request of the
				veteran, spouse, or other person, unless the veteran, spouse, or other person
				provides proper identification (within the meaning of section 610(a)(1)) and
				the regulations thereunder.
						(h)ExceptionsThis section does not apply to the use of
				the file of a veteran, spouse, or other person described in subsection (a)
				maintained by a consumer reporting agency by any of the following:
							(1)A person or entity, or a subsidiary,
				affiliate, or agent of that person or entity, or an assignee of a financial
				obligation owing by the veteran, spouse, or other person to that person or
				entity, or a prospective assignee of a financial obligation owing by the
				veteran, spouse, or other person to that person or entity in conjunction with
				the proposed purchase of the financial obligation, with which the veteran,
				spouse, or other person has or had prior to assignment an account or contract,
				including a demand deposit account, or to whom the veteran, spouse, or other
				person issued a negotiable instrument, for the purposes of reviewing the
				account or collecting the financial obligation owing for the account, contract,
				or negotiable instrument.
							(2)Any Federal, State, or local agency, law
				enforcement agency, trial court, or private collection agency acting pursuant
				to a court order, warrant, subpoena, or other compulsory process.
							(3)A child support agency or its agents or
				assigns acting pursuant to subtitle D of title IV of the
				Social Security Act (42 U.S.C. et
				seq.) or similar State law.
							(4)The Department of Health and Human
				Services, a similar State agency, or the agents or assigns of the Federal or
				State agency acting to investigate medicare or medicaid fraud.
							(5)The Internal Revenue Service or a State or
				municipal taxing authority, or a State department of motor vehicles, or any of
				the agents or assigns of these Federal, State, or municipal agencies acting to
				investigate or collect delinquent taxes or unpaid court orders or to fulfill
				any of their other statutory responsibilities.
							(6)The use of consumer credit information for
				the purposes of prescreening, as provided for under this title.
							(7)Any person or entity administering a credit
				file monitoring subscription to which the veteran, spouse, or other person has
				subscribed.
							(8)Any person or entity for the purpose of
				providing a veteran, spouse, or other person with a copy of his or her credit
				report or credit score upon request of the veteran, spouse, or other
				person.
							(i)Fees
							(1)In generalExcept as provided in paragraph (2), a
				consumer reporting agency may charge a reasonable fee, for placing, removing,
				or temporarily suspending a security freeze in the file of the veteran, spouse,
				or other person described in subsection (a), which cost shall be submitted to
				and paid by the Department of Veterans Affairs, pursuant to procedures
				established by the Secretary of Veterans Affairs.
							(2)ID theft victimsA consumer reporting agency may not charge
				a fee for placing, removing, or temporarily suspending a security freeze in the
				file of a veteran, spouse, or other person described in subsection (a),
				if—
								(A)the veteran, spouse, or other person is a
				victim of identity theft;
								(B)the veteran, spouse, or other person
				requests the security freeze in writing;
								(C)the veteran, spouse, or other person has
				filed a police report with respect to the theft, or an identity theft report
				(as defined in section 603(q)(4), within 90 days after the date on which the
				theft occurred or was discovered by the veteran, spouse, or other person;
				and
								(D)the veteran, spouse, or other person
				provides a copy of the report to the reporting agency.
								(j)Limitation on information changes
				in frozen reports
							(1)In generalIf a security freeze is in place in the
				file of a veteran, spouse, or other person described in subsection (a), the
				consumer reporting agency may not change any of the following official
				information in that file without sending a written confirmation of the change
				to the veteran, spouse, or other person within 30 days after the date on which
				the change is made:
								(A)Name.
								(B)Date of birth.
								(C)Social Security number.
								(D)Address.
								(2)ConfirmationParagraph (1) does not require written
				confirmation for technical modifications of the official information of a
				veteran, spouse, or other person, including name and street abbreviations,
				complete spellings, or transposition of numbers or letters. In the case of an
				address change, the written confirmation shall be sent to both the new address
				and to the former address of the veteran, spouse, or other person.
							(k)Certain Entity
				Exemptions
							(1)Aggregators and other
				agenciesThe provisions of
				this section do not apply to a consumer reporting agency that acts only as a
				reseller of credit information by assembling and merging information contained
				in the data base of another consumer reporting agency or multiple consumer
				reporting agencies, and does not maintain a permanent data base of credit
				information from which new consumer credit reports are produced.
							(2)Other exempted
				entitiesThe following
				entities are not required to place a security freeze in the file of a veteran,
				spouse, or other person described in subsection (a) in accordance with this
				section:
								(A)A check services or fraud prevention
				services company, which issues reports on incidents of fraud or authorizations
				for the purpose of approving or processing negotiable instruments, electronic
				fund transfers, or similar methods of payments.
								(B)A deposit account information service
				company, which issues reports regarding account closures due to fraud,
				substantial overdrafts, ATM abuse, or similar negative information regarding
				such veteran, spouse, or other person, to inquiring banks or other financial
				institutions for use only in reviewing the request of such veteran, spouse, or
				other person for a deposit account at the inquiring bank or financial
				institution.
								.
			(c)FeesAny fee associated with an extended fraud
			 alert or security freeze required by the amendments made by this section that
			 would otherwise be required to be paid by the consumer shall be paid by the
			 Department of Veterans Affairs.
			4.Penalties for identity
			 theft of veterans and others related to security breachSection 1028 of title 18, United States
			 Code, is amended—
			(1)in subsection (b), by striking The
			 punishment for and inserting the following Except as provided in
			 subsection (j), the punishment for; and
			(2)by adding at the end the following:

					(j)Identity theft
				due to Department of Veterans Affairs security breach
						(1)In
				generalIn determining the
				punishment applicable under subsection (b), if the offense is an offense
				described in paragraph (2), the fine and term of imprisonment otherwise
				applicable under subsection (b) shall be doubled.
						(2)Type of
				offenseAn offense described
				in this paragraph is an offense under subsection (a) that—
							(A)involves any document or other
				information—
								(i)relating to a veteran (as defined in
				section 101 of title 38), a spouse of a veteran, or other person; and
								(ii)obtained as a direct or indirect result of
				the security breach at the Department of Veterans Affairs on May 3, 2006;
				and
								(B)was committed after the date of enactment
				of this
				subsection.
							.
			5.Funding
			(a)ReimbursementThe Secretary of Veterans Affairs shall
			 reimburse the Federal Trade Commission for any costs incurred by the Commission
			 in carrying out this Act and the amendments made by this Act.
			(b)Availability of
			 fundsAmounts appropriated to
			 the Secretary and available for obligation may be utilized for purposes of
			 reimbursement of the Federal Trade Commission under subsection (a).
			6.Comptroller General
			 studies on data protection and other matters
			(a)Study on data
			 protection by Department of Veterans Affairs
				(1)In
			 generalThe Comptroller
			 General of the United States shall conduct a study of the data protection
			 procedures of the Department of Veterans Affairs.
				(2)ElementsThe study required by paragraph (1) shall
			 include the following:
					(A)A review and assessment of the data
			 protection procedures of the Department of Veterans Affairs in effect before
			 May 3, 2006.
					(B)A review and assessment of any
			 modifications of the data protection procedures of the Department of Veterans
			 Affairs adopted as a result of the loss of data resulting from the security
			 breach at the Department on May 3, 2006.
					(b)Study on
			 security breach investigation by Department of Veterans Affairs
				(1)In
			 generalThe Comptroller
			 General of the United States shall conduct a review and assessment of the
			 investigation carried out by the Department of Veterans Affairs with respect to
			 the security breach at the Department on May 3, 2006.
				(2)CooperationThe Secretary of Veterans Affairs shall
			 ensure that the personnel of the Department of Veterans Affairs cooperate fully
			 with the Comptroller General in the conduct of the review and assessment
			 required by paragraph (1).
				(c)Study on FTC
			 program for veterans and others at risk of identity theftThe Comptroller General of the United
			 States shall conduct a study of the program of the Federal Trade Commission for
			 veterans, spouses of veterans, and other persons at risk of identity theft
			 required by section 2. The study shall include an assessment of the
			 effectiveness of the program in meeting the financial counseling and similar
			 needs of individuals seeking counseling and support through the program.
			(d)Study on
			 compliance of Federal agencies with requirements on personal data
				(1)In
			 generalThe Comptroller
			 General of the United States shall conduct a study of the compliance of the
			 departments and agencies of the Federal Government with applicable requirements
			 relating to the preservation of the confidentiality of personal data.
				(2)ElementsThe study required by paragraph (1) shall
			 include the following:
					(A)A review and assessment of the current
			 procedures and practices of the departments and agencies of the Federal
			 Government regarding the preservation of the confidentiality of personal
			 data.
					(B)A comparative analysis of the procedures
			 practices referred to in subparagraph (A) with current standards of the Federal
			 Trade Commission for the preservation of the confidentiality of personal data
			 by commercial and non-commercial private entities.
					(C)A review and assessment of the
			 modifications of the data protection procedures adopted by the Department of
			 Veterans Affairs as a result of the loss of data resulting from the security
			 breach on May 3, 2006, including an assessment of the feasibility and
			 advisability of the adoption of any such modifications by other departments and
			 agencies of the Federal Government.
					(D)An identification of recommendations for
			 improvements to the procedures and practices of the departments and agencies of
			 the Federal Government regarding the preservation of the confidentiality of
			 personal data.
					(e)ReportNot later than 18 months after the date of
			 the enactment of this Act, the Comptroller General of the United States shall
			 submit to Congress a report setting forth the results of each study conducted
			 under this section. The report shall set forth the results of each study
			 separately, and shall include such recommendations for legislative and
			 administrative action as the Comptroller General considers appropriate in light
			 of the studies.
			7.Authorization of
			 appropriationsThere are
			 authorized to be appropriated to the Secretary of Veterans Affairs, such sums
			 as may be necessary to carry out this Act and the amendments made by this
			 Act.


116 S4717 IS: Accelerating Kids’ Access to Care Act
U.S. Senate
2020-09-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4717IN THE SENATE OF THE UNITED STATESSeptember 24, 2020Mr. Grassley (for himself, Mr. Bennet, Mr. Portman, Mr. Brown, Mr. Hawley, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XIX of the Social Security Act to streamline enrollment of certain Medicaid providers across State lines, and for other purposes.1.Short titleThis Act may be cited as the Accelerating Kids’ Access to Care Act.2.Streamlined screening and enrollment process for eligible out-of-State Medicaid providers(a)In generalSection 1902(kk) of the Social Security Act (42 U.S.C. 1396a(kk)) is amended by adding at the end the following new paragraph:(10)Streamlined screening and enrollment process for eligible out-of-State providers(A)In generalSubject to subsection (a)(65), the State adopts a streamlined screening and enrollment process for eligible out-of-State providers.(B)Streamlined screening and enrollment processFor purposes of subparagraph (A), the term streamlined screening and enrollment process means a process that enables an eligible out-of-State provider to enroll as a provider in the State plan on a simplified and streamlined basis in accordance with the requirements of subparagraph (D).(C)Eligible out-of-State providerFor purposes of subparagraph (A), the term eligible out-of-State provider means, with respect to a State, a pediatric provider that furnishes medical services to a child (or to an adult if such services are to treat a condition that presented during childhood) for which payment is available under the State plan under this title, if—(i)the provider is located in another State and is enrolled as a provider in good standing under the State plan of such other State; and (ii)with respect to the category of provider to which such provider belongs, the Secretary has determined there is a limited risk of fraud, waste, or abuse for purposes of determining the level of screening to be conducted under section 1866(j)(2)(B).(D)RequirementsFor purposes of subparagraph (B), the requirements of this subparagraph are the following:(i)An eligible out-of-State provider that elects to be and is enrolled in the program established under this title in accordance with the process established by the Secretary under section 2(b) of the Accelerating Kids’ Access to Care Act is enrolled in the State plan under this title without being subject to any additional screening and enrollment activities required by the State.(ii)An eligible out-of-State provider that is enrolled in the State plan through the streamlined screening and enrollment process shall be enrolled for a period of 5 years before being required to obtain revalidation.(iii)An eligible out-of-State provider that is enrolled in the State plan through the streamlined screening and enrollment process shall be permitted to order all clinically necessary follow-up care, including with respect to the prescribing of medications..(b)Coordination with MedicareThe Secretary shall establish a process for permitting a provider the option, when enrolling in the program established under the Medicare program under title XVIII of the Social Security Act pursuant to subpart P of part 424 of title 42, Code of Federal Regulations (or any successor regulation), to elect, at the same time, to enroll in the Medicaid program under title XIX of such Act for purposes of all State plans under such title XIX. The Secretary may utilize the Medicare Provider Enrollment, Chain and Ownership System (referred to as PECOS), or another national, standardized, and widely accessible platform to establish such process.(c)Conforming amendments(1)Section 1902(a)(77) of such Act (42 U.S.C. 1396a(a)(77)), is amended by inserting enrollment, after screening,.(2)Section 1902(kk) of such Act (42 U.S.C. 1396a(kk)), as amended by subsection (a), is further amended—(A)in the subsection heading, by inserting Enrollment, after Screening,; and(B)in paragraph (9), by striking Nothing and inserting Except as provided in paragraph (10)(D)(i), nothing.(3)Section 2107(e)(1)(F) of such Act (42 U.S.C. 1397gg(e)(1)(F)) is amended by inserting enrollment, after screening,.(d)Effective date(1)In generalExcept as provided in paragraph (2), the amendments made by this section take effect on January 1, 2021.(2)Exception for State legislationIn the case of a State plan for medical assistance under title XIX of the Social Security Act or a State child health plan under title XXI of such Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this section, such State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet these additional requirements before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.


I
112th CONGRESS 2d Session
H. R. 6581
IN THE HOUSE OF REPRESENTATIVES

November 2, 2012
Mr. Fattah introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
Making supplemental appropriations for fiscal year 2013 for recovery from damage caused by Hurricane Sandy, and for other purposes.

1.Short titleThis Act may be cited as the Hurricane Sandy Recovery and Rebuilding Supplemental Appropriations Act, 2013.
2.Supplemental appropriations for hurricane recoveryThe following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2013:Department of Defense—CivilDepartment of the ArmyCorps of Engineers—CivilFlood Control and Coastal EmergenciesFor an additional amount for Flood Control and Coastal Emergencies, as authorized by section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), for recovery from damage caused by Hurricane Sandy, $45,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.Independent AgenciesSmall Business AdministrationDisaster Loans Program AccountFor an additional amount for Disaster Loans Program Account for the cost of direct loans authorized by section 7(b) of the Small Business Act, $255,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.Department of Homeland SecurityFederal Emergency Management AgencyDisaster Relief FundFor an additional amount for the Disaster Relief Fund for recovery from damage caused by Hurricane Sandy, $6,700,000,000, to remain available until expended: Provided, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.Disaster Assistance Direct Loan Program AccountFor an additional amount for the Disaster Assistance Direct Loan Program Account for the cost of direct loans as authorized under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5184), to assist State and local governments affected by Hurricane Sandy, $5,000,000,000: Provided, That section 417 of such Act shall be applied by substituting State or local government for local government each place it appears: Provided further, That notwithstanding section 417(b) of such Act, the amount of any such loan may exceed $5,000,000, and may be equal to not more than 50 percent of the annual operating budget of the State or local government in any case in which that State or local government has suffered a loss of 25 percent or more in tax revenues due to Hurricane Sandy: Provided further, That the cost of modifying such loans shall be as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided further, That such amount is designated by the Congress as being for disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985.


		II
		111th CONGRESS
		1st Session
		S. 1411
		IN THE SENATE OF THE UNITED STATES

			July 8, 2009
			Mr. Reid (for
			 Mr. Kennedy (for himself,
			 Mr. Kerry, Mrs.
			 Murray, Mr. Bingaman, and
			 Mr. Brown)) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend title V of the Elementary and Secondary
		  Education Act of 1965 to encourage and support parent, family, and community
		  involvement in schools, to provide needed integrated services and comprehensive
		  supports to children, and to ensure that schools are centers of communities,
		  for the ultimate goal of assisting students to stay in school, become
		  successful learners, and improve academic achievement.

		1.Short titleThis Act may be cited as the
			 Keeping Parents and Communities
			 Engaged Act or the Keeping PACE Act.
		2.FindingsCongress finds the following:
			(1)Research studies
			 consistently show a positive relationship between parental involvement and
			 student achievement. This relationship holds across families of all economic,
			 racial/ethnic, and educational backgrounds and for students of all ages.
			(2)Educators
			 recognize, on the basis of social science and common experience, that effective
			 parental and community involvement is a critical element in children's academic
			 and social development. Poverty, limited English proficiency, and varying
			 cultural expectations are among the biggest barriers to effective parental
			 involvement in schools.
			(3)Schools with
			 effective parent and community involvement activities provide bridges between
			 parents, community-based organizations, and schools to improve communication,
			 information sharing, services, and comprehensive supports for children and
			 families.
			(4)Educational
			 research suggests that student achievement improves in environments where
			 learning is a community value, and where schools have the ability to address a
			 broad range of educational needs for all students, such as in full-service
			 community schools.
			(5)Cross-sector
			 community engagement of businesses, institutions of higher education,
			 philanthropic organizations, school boards, family and care organizations,
			 neighborhood and service organizations, after-school providers, and
			 community-based organizations, is essential if schools are to ensure that all
			 children meet college and work-ready standards.
			(6)More than
			 1,000,000 of the students who enter ninth grade do not receive a high school
			 diploma 4 years later and approximately 7,000 students drop out of school each
			 day, including a significant percentage of students with the potential of high
			 academic achievement.
			(7)Integrated
			 services and comprehensive supports, including after-school and other services,
			 are necessary components of effective, school-based efforts to dramatically
			 affect dropout prevention rates, increase graduation rates, and improve student
			 achievement. In one national study, 98 percent of students receiving such
			 services and supports stayed in school, 89 percent had fewer suspensions, and
			 85 percent of eligible seniors graduated.
			3.Outreach and
			 coordination
			(a)In
			 GeneralTitle V of the Elementary
			 and Secondary Education Act of 1965 (20 U.S.C. 7201 et seq.) is
			 amended by adding at the end the following:

					EParent and
				community outreach and engagement
						5700.Grants
				authorized
							(a)In
				GeneralThe Secretary shall award grants to States to enable the
				States to award subgrants—
								(1)on a competitive
				basis, to local educational agencies that receive assistance under part A of
				title I to enable such agencies to assist public elementary schools and public
				secondary schools served by such agencies to hire and maintain Parent and
				Community Outreach Coordinators, pursuant to subpart 1;
								(2)on a competitive
				basis, to eligible entities to provide necessary integrated services and
				comprehensive supports to students and schools, pursuant to subpart 2;
				and
								(3)to eligible
				entities to create schools as centers of communities, pursuant to subpart
				3.
								(b)ApplicationA
				State that desires to receive a grant under this section shall submit an
				application to the Secretary at such time, in such manner, and accompanied by
				such information as the Secretary may require, including the following:
								(1)A description of
				the State's need to engage parents and the community in students' education, as
				described in subpart 1.
								(2)A description of
				the State's need for community-based resources to address student and family
				needs.
								(3)A description of
				the progress a State is seeking relating to the indicators outlined in section
				5707(b).
								(4)A description of
				the State's capacity and resources across multiple State agencies to integrate
				their existing State and Federal (managed by the State) programs with local
				educational agencies, schools, and community-based organizations.
								5700A.National
				activitiesThe Secretary is
				authorized to enter into a contract with a nonprofit organization with a
				demonstrated record of effectiveness and extensive national, State, and local
				experience in providing effective integrated student supports in order to
				ensure accountability in the execution of subparts 1 and 2. Such nonprofit
				organization shall be responsible for—
							(1)providing
				technical assistance and training to grantees and subgrantees to promote the
				effectiveness of the programs assisted under this part in improving the
				coordination, availability, delivery, and effectiveness of integrated services
				and comprehensive supports for children and families; and
							(2)establishing a
				national clearinghouse for the collection and dissemination of information on
				effective parent, family, and community engagement practices and programs,
				which information shall be disseminated to State educational agencies and made
				available to local educational agencies, schools, and community based
				organizations.
							5700B.Authorization
				of appropriationsThere are
				authorized to be appropriated to carry out this part $260,000,000 for each of
				the fiscal years 2010 through 2014, of which—
							(1)50 percent shall be used to carry out
				subpart 1;
							(2)30 percent shall be used to carry out
				subpart 2; and
							(3)20 percent shall be used to carry out
				subpart 3.
							1Parent and
				Community Outreach Coordinators
							5701.PurposeThe purpose of this subpart is to provide
				support, through competitive subgrants, to schools who may work in conjunction
				with a community-based organization, to hire and maintain Parent and Community
				Outreach Coordinators to—
								(1)ensure that
				families and communities participate in the education of their children and
				become an integral part of the school climate and culture;
								(2)enable principals
				and teachers to complement and enrich efforts to help all children make
				learning gains, prepare for graduation, and plan for their futures through
				parent and community involvement activities that include educational, family,
				and financial planning necessary to make postsecondary education a reality;
				and
								(3)act as a liaison
				with other coordinators from Federal, State, local, and private programs that
				serve the school, including community school coordinators, 21st Century
				Community Learning Centers, school health coordinators, and violence prevention
				coordinators, as appropriate.
								5702.Subgrants
				authorizedA State that
				receives a grant under section 5700 shall award subgrants, on a competitive
				basis, to local educational agencies that receive assistance under part A of
				title I to enable such agencies to assist public elementary schools and public
				secondary schools served by such agencies to hire and maintain Parent and
				Community Outreach Coordinators.
							5703.Application
								(a)In
				GeneralA local educational agency that desires to receive a
				subgrant under this subpart shall submit an application to the State at such
				time, in such manner, and accompanied by such information as the State may
				require.
								(b)ContentsAn
				application submitted pursuant to subsection (a) shall include the
				following:
									(1)A description of
				the schools to be assisted by the local educational agency under this
				subpart.
									(2)The current state
				of family and community engagement in the schools, including a description of
				the ways in which families and communities are engaged during the school day,
				before school, and during after school and summer hours.
									(3)The particular
				family and community outreach needs identified by the schools, parents,
				families, and community-based organizations.
									(4)A workplan to
				address the needs identified in paragraph (3).
									(5)A description of
				the desired progress of the local educational agency related to the indicators
				outlined in section 5707(b).
									(6)A description of
				the capacity of the schools for measuring school-specific outcomes of the work
				provided by the Parent and Community Outreach Coordinators.
									(7)A description of
				the capacity of the schools for supporting a position of Parent and Community
				Outreach Coordinator by providing space and adequate resources.
									(8)A description of
				how the activities supported with funds under this subpart will be coordinated
				with the programs and activities carried out by the local educational agency
				pursuant to section 1118, including whether such activities will be supported
				with funds provided under title I.
									5704.Awarding of
				subgrants
								(a)PriorityIn
				awarding subgrants under this subpart, a State shall give priority to
				applications—
									(1)proposing to
				target high-need schools—
										(A)with the highest
				proportions of students from low-income families; and
										(B)with a large
				percentage of students who fail to meet the State's challenging student
				academic achievement standards, as assessed pursuant to section 1111(b)(3);
				and
										(2)submitted by
				local educational agencies describing a partnership structure that delineates
				how the local educational agency, community-based organizations, local
				government, institutions of higher education, and other key institutions will
				come together to support a common vision, defined results, and measures of
				effectiveness, with clear roles and responsibilities, and a plan for serving
				multiple schools.
									(b)Duration of
				SubgrantEach subgrant awarded under this subpart shall be for a
				period of 5 years.
								5705.Screening and
				evaluation committee
								(a)EstablishmentA
				school receiving assistance under this subpart shall establish a screening and
				evaluation committee that shall consist of the following members:
									(1)The school
				principal or headmaster.
									(2)Two parents of
				students enrolled at the school.
									(3)A teacher who
				teaches at the school.
									(4)One
				paraprofessional at the school.
									(5)Community
				partners.
									(6)The
				superintendent of the school or a designee of the superintendent.
									(b)HiringA
				school that receives assistance under this subpart shall hire, based on the
				recommendation of the screening and evaluation committee, a Parent and
				Community Outreach Coordinator.
								(c)Oversight and
				EvaluationThe screening and evaluation committee shall prepare
				and submit an evaluation to the local educational agency on an annual basis
				regarding the performance of the Parent and Community Outreach Coordinator
				based on the indicators of effectiveness described in section 5707(b). The
				local educational agency shall submit such report to the Secretary.
								5706.Parent and
				Community Outreach Coordinator
								(a)In
				GeneralA Parent and Community Outreach Coordinator hired
				pursuant to section 5705 shall—
									(1)provide
				leadership in building relationships, bridging gaps, and facilitating the
				creation of partnerships among school staff, families, and community members;
				and
									(2)provide support
				and resources—
										(A)to increase
				participation of family and community members in the school; and
										(B)in support of all
				children's learning, including those children meeting or exceeding academic
				achievement standards (as assessed pursuant to section 1111(b)(3)).
										(b)ResponsibilitiesEach
				Parent and Community Outreach Coordinator shall—
									(1)implement a
				family needs and parent involvement assessment at the school that includes
				goals and suggestions on how to improve family and parental involvement in the
				school, with particular attention to the needs of low-income families, limited
				English proficient families, families living in rural areas, families with
				children in either the child welfare system or juvenile justice system,
				families experiencing homelessness, and families whose children may have
				special development needs;
									(2)develop an
				individual workplan that includes an overall family and parental engagement
				action plan for the school, which shall include a description of the community
				resources that will be brought into schools as well as a strategy for
				connecting students and families with resources available within the
				community;
									(3)establish and
				maintain consistent, effective, and timely communication with families
				especially low-income, limited English proficient, and minority families in a
				variety of ways;
									(4)work with the
				principal or headmaster of the school and school staff to establish an
				environment in which families feel safe, welcome, and free to voice their
				opinions;
									(5)act as an
				advocate and liaison to assist parents and school staff to resolve issues at
				the school and district levels;
									(6)work with other
				Federal, State, local, and private partners to develop and implement
				activities, programs, and training aimed at assisting families to support
				student learning needs and postsecondary education planning;
									(7)create, organize,
				strengthen, and support a school parent council (which may include a school
				parent teacher association) that is representative of the school
				community;
									(8)work with the
				principal to engage parents in school-based decisionmaking bodies, including
				recruiting nontraditional parents and providing training and support to parents
				participating in such an entity;
									(9)as appropriate,
				participate in the school's school improvement process and development of
				school improvement plans;
									(10)take part in
				ongoing training and professional development which may be provided by
				community-based organizations and other staff serving at the local educational
				agency that serves the school;
									(11)have the ability
				to relate to students as a caring adult; and
									(12)carry out other
				duties specifically related to the engagement of families and the community as
				designated by the principal or headmaster of the school.
									5707.Evaluations
								(a)In
				GeneralEach Parent and Community Outreach Coordinator
				shall—
									(1)be directly
				supervised and evaluated by the principal or headmaster of the school on a
				regular basis; and
									(2)be evaluated on
				an annual basis by the school's screening and evaluation committee established
				under section 5705 in order to determine the effectiveness of the
				Coordinator.
									(b)EffectivenessEach
				screening and evaluation committee shall work with the local educational agency
				and the Parent and Community Outreach Coordinator to identify indicators of
				success related to the activities supported under this subpart, and to develop
				baseline data and evaluate progress on such indicators, which may
				include—
									(1)student
				achievement as measured by assessment data, classroom grades, and participation
				in programs and services for gifted and talented students;
									(2)student
				attendance rates;
									(3)graduation
				rates;
									(4)lower mobility
				rates;
									(5)lower dropout
				rates;
									(6)fewer detentions,
				suspensions, and expulsions;
									(7)postsecondary
				education attendance;
									(8)a school
				environment in which parents, community members, and all school visitors are
				greeted with respect and courtesy;
									(9)the degree of
				communication between schools and families, including personal interaction,
				school visits, home visits, telephone calls, and publications;
									(10)the degree of
				participation in parent-teacher conferences, open houses, family nights, and
				other school-based activities;
									(11)the degree of
				school-wide awareness and completion of home-school compacts;
									(12)the frequency of
				ongoing workshops, training, and other events that provide families with tools
				to support their child's learning at home and enable planning for postsecondary
				education experiences; and
									(13)ability to
				relate to students as a caring adult.
									(c)Basis for
				EvaluationsIn evaluating a Parent and Community Outreach
				Coordinator under this section, the screening and evaluation committee shall
				base such evaluation on case studies, interviews, and outcomes based on the
				indicators described in subsection (b).
								5708.ReportAn eligible entity that receives a subgrant
				under this subpart shall submit a biennial report to the Secretary regarding
				activities conducted by such entity with subgrant funds received under this
				subpart.
							2Connecting
				students to community resources and comprehensive supports
							5721.PurposeThe purpose of this subpart is to provide
				support, through competitive subgrants, to eligible entities to—
								(1)improve the coordination, availability,
				delivery, and effectiveness of integrated services and comprehensive supports
				for children and families; and
								(2)act as a liaison with other organizations
				in order to assist public schools in providing children and families the
				integrated services and comprehensive supports needed to improve the learning
				of children and their ability to plan for postsecondary educational
				opportunities, such as health, employment, mentor/tutor, and human services,
				enrichment and accelerated learning opportunities, before and after-school
				programs, and recreation, and related assistance.
								5722.Eligible
				entityIn this subpart, the
				term eligible entity means 1 or more community-based organizations
				in partnership with public schools.
							5723.Subgrants
				authorizedA State that
				receives a grant under section 5700 shall award subgrants, on a competitive
				basis, to an eligible entity to connect integrated services and comprehensive
				supports to students and families in order to enhance student learning and
				outcomes, by—
								(1)conducting an
				assessment of student and family needs in schools;
								(2)assessing the
				availability and quality of learning opportunities beyond the classroom,
				including service-learning opportunities;
								(3)linking needed
				integrated services and comprehensive supports to children, their families, and
				their public schools, and evaluating the impact of such services and supports
				once the services and supports are provided;
								(4)enhancing the
				social, emotional, intellectual, and physical development of students;
				and
								(5)providing
				training and support related to integrated services and comprehensive supports
				for staff, teachers, and, as appropriate, Parent and Community Outreach
				Coordinators in such public schools.
								5724.Application
								(a)In
				generalAn eligible entity that desires to receive a subgrant
				under this subpart shall submit an application to the State at such time, in
				such manner, and accompanied by such information as the State may
				require.
								(b)ContentsAn
				application submitted under subsection (a) shall include the following:
									(1)A description of
				the public schools to be assisted by the school or community-based
				organization, their performance with respect to other State performance
				criteria, and a description of their student populations (including
				demographics).
									(2)A memorandum of
				understanding between the public school and the community-based organization
				that explains how they will work to effectively coordinate the provision of
				integrated services and comprehensive supports to students within the public
				school (and with after-school and extended day programs and services, if
				applicable), the objectives that they expect to achieve, the educational
				research bases that will guide the provision of student integrated services and
				comprehensive supports in meeting their objectives, and the capacity of the
				community partner to meet their objectives.
									(3)A description of
				how the community-based organization plans to build and improve on the current
				state of community involvement to increase support and ownership of the
				integrated services and comprehensive supports designed to enhance student
				learning outcomes, including the measures of progress and desired results
				related to students and families.
									(4)The particular
				student needs to be addressed through integrated services and comprehensive
				supports and the organizations able to provide integrated services and
				comprehensive supports to meet those needs, including intellectual, social,
				emotional, and physical well-being, and other academic and non-academic needs
				related to student learning, including planning for college or other
				postsecondary education options.
									(5)A draft work plan
				regarding the provision of integrated services and comprehensive supports,
				including a description of—
										(A)the role of the
				public school principal and staff, including the Parent and Community Outreach
				Coordinator, if applicable, in the management of the provision of integrated
				services and comprehensive supports;
										(B)how the
				community-based organization will efficiently manage and leverage non-Federal
				resources (which may include in-kind resources) to meet identified student
				needs;
										(C)plans to track
				student performance along with integrated services and comprehensive supports
				provided to students over time, including plans to integrate the
				community-based organization's data reporting with the public school’s data
				systems;
										(D)criteria by which
				the eligible entity will evaluate the effectiveness of services and
				comprehensive supports provided to students, including a description of the
				proposed measurements used to evaluate the impact of such services and supports
				on the academic achievement of students; and
										(E)plans to leverage
				other non-Federal resources (which may include in-kind resources) to support
				integrated services and comprehensive supports.
										(6)Assurances that
				activities supported with funds under this subpart will be coordinated with the
				programs and activities carried out by the public school pursuant to section
				1118.
									5725.Awarding of
				subgrants
								(a)PriorityIn
				awarding subgrants under this subpart, a State shall give priority to
				applications—
									(1)proposing
				integrated services and comprehensive supports to high-need public
				schools—
										(A)with the highest
				proportions of students from low-income families; and
										(B)with a large
				percentage of students who fail to meet the State's challenging student
				academic achievement standards, as assessed pursuant to section 1111(b)(3);
				and
										(2)that include a
				partnership structure that delineates how such eligible entity will work with
				other organizations, including local government, institutions of higher
				education, and other key institutions that will come together to support a
				common vision, defined results, and measures of effectiveness, with clear roles
				and responsibilities, and a plan for serving multiple schools.
									(b)Duration of
				SubgrantEach subgrant awarded under this subpart shall be for a
				period of 5 years.
								5726.ReportAn eligible entity that receives a subgrant
				under this subpart shall submit a biennial report to the Secretary regarding
				activities conducted by such entity with subgrant funds received under this
				subpart.
							3Schools as
				centers of communities
							5731.PurposeThe purpose of this subpart is to provide
				incentives to schools, in conjunction with the applicable local educational
				agencies, and mayors, nonprofit organizations, for-profit organizations, and
				other community partners, such as 21st Century Community Learning Centers and
				other after-school providers, to redesign such schools as centers of
				communities that—
								(1)encourage the
				participation of family and community in children's education;
								(2)engage students
				as resources to their communities;
								(3)encourage
				extensive and innovative community use of school facilities, which may include
				renovation and expansion of existing facilities to coordinate and deliver
				integrated services and comprehensive supports to families, children, and
				communities;
								(4)assist in keeping
				school facilities open outside of traditional school hours in order to promote
				community use of such facilities; and
								(5)engage the
				community in the redesign and planning of such facilities.
								5732.Definition of
				eligible entityIn this
				subpart, the term eligible entity means a consortium of a school
				in conjunction with the applicable local educational agency, a mayor, and 1 or
				more nonprofit organization, for-profit organization, or other community
				partner.
							5733.Subgrants
				authorizedA State that
				receives a grant under section 5700 shall award subgrants to eligible entities
				to enable the eligible entities to redesign schools to be centers of
				communities and to incorporate community education consistent with the purpose
				of this subpart.
							5734.Application
								(a)Current
				schoolAn eligible entity that desires to receive a subgrant to
				redesign a school as a center of community under this subpart shall submit an
				application to the State at such time, in such manner, and accompanied by such
				information as the State may require.
								(b)ContentsAn
				application submitted under subsection (a) shall include the following:
									(1)A needs
				assessment of the school facility identified for redesign as a center of
				community, including any renovations or expansions, if necessary, to enable the
				school to serve as a joint-use school facility.
									(2)An assessment of
				the need to keep the school facilities open outside the traditional school
				hours, including the needs of the surrounding community and the existing
				capacity to facilitate a joint-use school facility as a center of
				community.
									(3)A description of
				the eligible entity applying for the subgrant.
									(4)A description of
				the eligible entity's capacity to provide integrated services and comprehensive
				supports to an existing school facility to transform it into a center of
				community school.
									(5)A draft workplan
				of what the eligible entity hopes to achieve at the joint-use school facility,
				including a description of the integrated services and comprehensive supports
				that would be available to the school, students, and families through
				partnership with the eligible entity.
									(6)A description of
				student and family involvement in redesigning the school to become a center of
				community school.
									(7)A memorandum of
				understanding between the school selected for redesigning and the eligible
				entity.
									5735.Matching
				fundsAn eligible entity that
				receives a subgrant to redesign an existing school facility to incorporate
				community education under this subpart shall provide matching funds, from
				non-Federal sources, equal to 50 percent of the cost of activities under this
				subpart.
							5736.ReportAn eligible entity that receives a subgrant
				under this subpart shall submit a biennial report to the Secretary regarding
				activities conducted by such entity with subgrant funds received under this
				subpart.
							.
			(b)Table of
			 ContentsThe table of contents in section 2 of the
			 Elementary and Secondary Education Act of
			 1965 is amended by inserting after the item relating to section 5618
			 the following:

						PART E—PARENT AND COMMUNITY OUTREACH AND ENGAGEMENT
						Sec. 5700. Grants authorized.
						Sec. 5700A. National activities.
						Sec. 5700B. Authorization of
				appropriations.
						SUBPART 1—Parent and Community Outreach
				Coordinators
						Sec. 5701. Purpose.
						Sec. 5702. Subgrants authorized.
						Sec. 5703. Application.
						Sec. 5704. Awarding of subgrants.
						Sec. 5705. Screening and evaluation committee.
						Sec. 5706. Parent and Community Outreach
				Coordinator.
						Sec. 5707. Evaluations.
						Sec. 5708. Report.
						SUBPART 2—Connecting students to community resources and
				comprehensive supports
						Sec. 5721. Purpose.
						Sec. 5722. Eligible entity.
						Sec. 5723. Subgrants authorized.
						Sec. 5724. Application.
						Sec. 5725. Awarding of subgrants.
						Sec. 5726. Report.
						SUBPART 3—Schools as centers of communities
						Sec. 5731. Purpose.
						Sec. 5732. Definition of eligible entity.
						Sec. 5733. Subgrants authorized.
						Sec. 5734. Application.
						Sec. 5735. Matching funds.
						Sec. 5736.
				Report.

					.


114 S1813 IS: To establish a bus state of good repair program.
U.S. Senate
2015-07-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 1813
		IN THE SENATE OF THE UNITED STATES

			July 21, 2015
			Mr. Moran (for himself and Mr. Donnelly) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

		A BILL
		To establish a bus state of good repair program.

		1.Bus and bus facilities state of good repair discretionary grants
 (a)In generalChapter 53 of title 49, United States Code, is amended by adding at the end the following:  5341.Bus and bus facilities state of good repair discretionary grants (a)DefinitionsIn this section—
 (1)the term State means a State of the United States; and (2)the term territory means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands.
 (b)General authorityThe Secretary shall make grants under this section to assist eligible recipients described in subsection (e)(1) in financing capital projects to maintain bus and bus facilities systems in a state of good repair, including projects—
 (1)to replace, rehabilitate, and purchase buses and related equipment; and (2)to construct bus-related facilities.
 (c)Grant criteriaIn making grants under this section, the Secretary— (1)with respect to a bus and bus facilities system, shall consider—
 (A)project readiness; (B)the level of commitment of non-Federal funds and the availability of a local financial commitment that exceeds the required non-Federal share of the cost of the project; and
 (C)project justification; (2)with respect to the replacement, rehabilitation, and purchase of buses and related equipment, and the construction of bus-related facilities, shall consider—
 (A)condition; (B)the need to comply with any applicable legal requirements relating to reinvestment; and
 (C)the status of components; and (3)in considering the factors under paragraphs (1) and (2), shall give priority consideration to vehicle age and mileage.
 (d)Grant requirementsThe requirements of section 5307 apply to recipients of grants made under this section. (e)Eligible recipients and subrecipients (1)RecipientsEligible recipients under this section are designated recipients that operate bus service or that allocate funding to bus operators.
 (2)SubrecipientsA designated recipient that receives a grant under this section may allocate amounts of the grant to subrecipients that are public agencies or private nonprofit organizations engaged in public transportation.
							(f)Government’s share of costs
 (1)Capital projectsA grant for a capital project under this section shall be for 80 percent of the net capital costs of the project. A recipient of a grant under this section may provide additional local matching amounts.
 (2)Remaining costsThe remainder of the net project cost shall be provided— (A)in cash from non-Government sources other than revenues from providing public transportation services;
 (B)from revenues derived from the sale of advertising and concessions; (C)from an undistributed cash surplus, a replacement or depreciation cash fund or reserve, or new capital; or
 (D)from amounts received under a service agreement with a State or local social service agency or private social service organization.
 (g)Period of availability to recipientsAmounts made available to carry out this section may be obligated by a recipient for 3 fiscal years after the fiscal year in which the amount is appropriated. Not later than 30 days after the end of the 3-year period described in the preceding sentence, any amount that is not obligated on the last day of that period shall be added to the amount that may be appropriated to carry out this section in the next fiscal year.
 (h)Funding limitNot more than 4 percent of the amounts made available under section 5338 to carry out this section for a fiscal year shall be made available to a single recipient.
						(i)Bus and bus facilities formula grants
 (1)Rule of constructionNothing in this section shall be construed to prohibit a recipient from receiving a grant under section 5339 and a grant under this section.
 (2)Funding for formula grantsOf the amounts made available under section 5338 to carry out this section for a fiscal year, $62,500,000 shall be available for the bus and bus facilities program under section 5339, of which $1,250,000 shall be apportioned to each State.
							.
 (b)FundingSection 5338 of title 49, United States Code, is amended— (1)by redesignating subsections (j) and (k) as subsections (k) and (l), respectively; and
 (2)by inserting after subsection (i) the following:  (j)Bus and bus facilities state of good repair discretionary grantsThere are authorized to be appropriated out of the Mass Transit Account of the Highway Trust Fund to carry out section 5341—
 (1)$492,000,000 for fiscal year 2016; (2)$687,000,000 for fiscal year 2017;
 (3)$777,000,000 for fiscal year 2018; (4)$878,000,000 for fiscal year 2019;
 (5)$992,000,000 for fiscal year 2020; and (6)$1,389,000,000 fiscal year 2021..
 (c)Initial grantsNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall begin making grants under section 5341 of title 49, United States Code, as added by subsection (b).
 (d)Technical and conforming amendmentThe table of sections for chapter 53 of title 49, United States Code, is amended by adding at the end the following:
				5341. Bus and bus facilities state of good repair discretionary grants..


117 S841 IS: Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021
U.S. Senate
2021-03-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 841IN THE SENATE OF THE UNITED STATESMarch 18, 2021Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo decrease the cost of hiring, and increase the take-home pay of, Puerto Rican workers.1.Short titleThis Act may be cited as the Economic Mobility for Productive Livelihoods and Expanding Opportunity Act of 2021 or the EMPLEO Act.2.Federal minimum wage requirement for eligible Puerto Rico employeesSection 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended—(1)by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and(2)by inserting after paragraph (1) the following:(2)if such employee is an eligible Puerto Rico employee, as defined in section 6431(c) of the Internal Revenue Code of 1986, who receives a qualified wage subsidy payment under section 6431 of such Code from a participating employer, $5.00 an hour (as determined without regard to the qualified wage subsidy payment);.3.Wage subsidy for Puerto Rico workers(a)In generalSubchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:6431.Wage subsidy for Puerto Rico workers(a)In generalIn the case of a participating employer which makes qualified wage subsidy payments to eligible Puerto Rico employees, such participating employer shall be treated for purposes of this title as having paid to the Secretary, on the date any such qualified wage subsidy payment is paid, payroll taxes in an amount equal to such wage subsidy payment.(b)Participating employer(1)In generalFor purposes of this section, the term participating employer means an employer which—(A)elects the application of this section,(B)makes qualified wage subsidy payments to all eligible Puerto Rico employees of such employer,(C)provides to each eligible Puerto Rico employee (in such form and manner as the Secretary shall by regulations prescribe) information about the amount of qualified wage subsidy payments paid to such employee at the time such payments are made, and(D)in the case of an employer which elects to receive an advance payment under subsection (g), provides to the Secretary the information described in paragraph (2) not later than 30 days before the beginning of the applicable period.(2)Information requiredThe information required under this paragraph is the following:(A)An estimate of the number of workers who will be employed by the participating employer for the applicable period.(B)An estimate of the payroll taxes (determined without regard to any increase in tax under section 3111 by reason of subsection (g)(2)) that will be paid by the participating employer with respect to all employees for such applicable period.(C)An estimate of the number of eligible Puerto Rico employees who will be employed by the participating employer for such applicable period and the hourly rate of pay for each such employee (determined without regard to any qualified wage subsidy payment).(D)An estimate of the aggregate amount of qualified wage subsidy payments that will be paid by such employer to eligible Puerto Rico employees for such applicable period.(3)Failure to make subsidy paymentsFor purposes of this title (including penalties), the failure by any employer which makes an election under paragraph (1)(A) to make any qualified wage subsidy payment at the time provided therefor shall be treated as the failure at such time to deduct and withhold under section 3102 an amount equal to the amount of such qualified wage subsidy payment.(c)Eligible Puerto Rico employeeFor purposes of this section, the term eligible Puerto Rico employee means, with respect to any calendar year, any individual who—(1)is a citizen of the United States,(2)has a social security number issued to the individual by the Social Security Administration, and(3)certifies, in such form and manner as provided by the Secretary, to the employer that such individual is a resident of Puerto Rico and intends to remain a resident of Puerto Rico for not less than the next 6 months.(d)Qualified wage subsidy paymentFor purposes of this section—(1)In generalThe term qualified wage subsidy payment means, with respect to any eligible Puerto Rico employee for any period, a payment equal to 50 percent of the excess (if any) of—(A)the median hourly wage for Puerto Rico, over(B)the hourly wage paid to the eligible Puerto Rico employee.(2)Median hourly wage for Puerto RicoFor purposes of paragraph (1)(A), the median hourly wage for Puerto Rico is—(A)$10 for calendar years 2022 and 2023, and(B)for any calendar year beginning after 2023, the amount determined by the Bureau of Labor Statistics based on the most recent data available as of 30 days before the start of such calendar year.(3)Determination of hourly wageFor purposes of paragraph (1)(B)—(A)In generalThe hourly wage of any employee shall be determined without regard to any qualified wage subsidy payment under this section.(B)PeriodEach hour at which an eligible Puerto Rico employee performs services for a different rate of pay shall be treated as a separate period.(C)Salaried employeesIn the case of a salaried employee, the hourly wage for such employee for any period shall be determined by dividing the annual rate of pay for such period by 2,080.(e)Payroll taxesFor purposes of this section, the term payroll taxes means—(1)amounts required to be deducted for the payroll period under section 3102 (relating to FICA employee taxes), and(2)amounts of the taxes imposed for the payroll period under section 3111 (relating to FICA employer taxes).(f)Other definitions and special rulesFor purposes of this section—(1)Applicable periodFor purposes of this section, the term applicable period means—(A)except as provided in subparagraph (B), a calendar quarter, and(B)in the case of any employer which files returns for payroll taxes less frequently than quarterly, such period as determined by the Secretary under regulations.(2)Wage subsidy payments in excess of payroll tax liabilityTo the extent that the amount treated as paid under subsection (a) exceeds the amount of such person's liability for payroll taxes, the Secretary shall credit and refund such excess in the same manner as if it were an overpayment of such taxes.(g)Advanced payments for certain participating employers(1)In generalIn the case of a participating employer which elects the application of this subsection, the Secretary shall pay to such participating employer, not later than the first day of the applicable period, an amount equal to the excess of—(A)the aggregate amount of qualified wage subsidy payments for such applicable period (as determined based on estimates submitted under subsection (b)(2)), exceeds(B)the aggregate amount of payroll taxes (determined without regard to any increase in tax under section 3111 by reason of paragraph (2) and based on estimates submitted under subsection (b)(2)) for such applicable period.(2)Treatment of paymentsFor purposes of this title, the amount of taxes imposed under section 3111 on any participating employer for any calendar quarter shall be increased by an amount equal to any payment made under paragraph (1) with respect to such calendar quarter..(b)Social security trust funds held harmlessIn determining the amount of any amount transferred or appropriated to any fund under the Social Security Act, section 6431 of the Internal Revenue Code of 1986 shall not be taken into account.(c)Conforming amendmentThe table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:Sec. 6431. Wage subsidy for Puerto Rico workers..(d)Other provisions(1)Reporting of wage subsidy informationSection 6051(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting , and, and by inserting after paragraph (17) the following new paragraph:(18)in the case of an eligible Puerto Rico employee (as defined in section 6431), the amount of any qualified wage subsidy payment paid to such employee..(2)Penalty for failure to provide information to employeesSection 6652 of such Code is amended by adding at the end the following new subsection:(q)Failure To report wage subsidy information to employeesIn the case of a failure to provide the information required under section 6431(b)(1)(C) at the time required for providing such information, there shall be paid (upon notice and demand by the Secretary and in the same manner as tax) by the person failing to provide such information, an amount equal to $50 for each such failure. In the case of any failure due to negligence or intentional disregard, the preceding sentence shall be applied by substituting $100 for $50..(e)Effective dateThe amendments made by this section shall apply to wages paid after December 31, 2021.


117 HR 4919 IH: Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2021
U.S. House of Representatives
2021-08-03
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
117th CONGRESS1st Session
H. R. 4919
IN THE HOUSE OF REPRESENTATIVES

August 3, 2021
Ms. Ross (for herself and Mr. Kustoff) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To modify the penalties for violations of the Telephone Consumer Protection Act of 1993.

1.Short titleThis Act may be cited as the Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2021 or the DO NOT Call Act of 2021. 2.Penalties for violations of the Telephone Consumer Protection Act of 1993 (a)Criminal penalties (1)In generalSection 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following:

(k)Criminal penalties
(1)In generalExcept as provided in paragraph (2), any person who willfully and knowingly violates this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both. (2)Aggravated offenseAny person who willfully and knowingly violates this section shall be imprisoned for not more than 3 years, fined under title 18, United States Code, or both if—
(A)the person has previously been convicted under this subsection; (B)the offense involved initiating more than—
(i)100,000 calls in a 24-hour period; (ii)1,000,000 calls in a 30-day period; or
(iii)10,000,000 calls in a 1-year period; (C)the person committed the offense with the intent to use the calls in furtherance of a felony or conspiracy to commit a felony; or
(D)the offense caused loss to 1 or more persons aggregating $5,000 or more in value during any 1-year period. (3)DefinitionsFor purposes of this subsection—
(A)the term call includes a message or other communication; and (B)the term initiate, with respect to a call, includes the act of sending, making, or transmitting a call, message, or other communication, as applicable..
(2)Technical and conforming amendmentSection 227(e)(5)(B) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)(B)) is amended, in the second sentence, by striking section 501 and inserting subsection (k). (b)Increased penalties for provision of inaccurate caller identification informationSection 227(e)(5) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)) is amended—
(1)in subparagraph (A)(i), by striking $10,000 and inserting $20,000; and (2)in subparagraph (B), in the first sentence, by striking $10,000 and inserting $20,000.