		II
		110th CONGRESS
		1st Session
		S. 1854
		IN THE SENATE OF THE UNITED STATES

			July 23, 2007
			Mr. Reid (for himself,
			 Mr. Kerry, and Mr. Dodd) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Health, Education, Labor, and Pensions

		A BILL
		To amend the Social Security Act and the Public Health
		  Service Act to improve elderly suicide early intervention and prevention
		  strategies, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Stop Senior Suicide
			 Act.
		2.FindingsCongress makes the following
			 findings:
			(1)The rate of
			 suicide among older adults is higher than that for any other age group, and the
			 suicide rate for individuals 85 years of age and older is the highest of all.
			 In 2004, 6,860 older Americans (age 60 and older) died by suicide (Centers for
			 Disease Control and Prevention, 2007).
			(2)In 2004, the
			 elderly (age 65 and older) made up only 12.4 percent of the population but
			 accounted for 16 percent of all suicides.
			(3)According to the
			 Centers for Disease Control and Prevention, from 1980 to 1992, the suicide rate
			 rose 9 percent for Americans 65 years of age and above, and rose 35 percent for
			 men and women ages 80 to 84.
			(4)Older adults have
			 a considerably higher rate of completed suicide than other groups. While for
			 all age groups combined there is one suicide for every 20 attempts, there is
			 one suicide for every 4 attempts among those 65 years of age and older.
			(5)Of the nearly
			 35,000,000 Americans age 65 and older, it is estimated that 2,000,000 have a
			 depressive illness and another 5,000,000 suffer from depressive symptoms and
			 syndromes that fall short of meeting full diagnostic criteria for a disorder
			 (Mental Health: A Report of the Surgeon General, 1999).
			(6)Seniors covered
			 by Medicare are required to pay a 50 percent co-pay for outpatient mental
			 health services while they are only required to pay a 20 percent co-pay for
			 physical health services.
			(7)It is estimated
			 that 20 percent of older adults who complete suicide visited a physician within
			 the prior 24 hours, 41 percent within the past week, and 75 percent within the
			 past month (Surgeon General’s Call to Action to Prevent Suicide, 1999).
			(8)A substantial
			 proportion of older patients receive no treatment or inadequate treatment for
			 their depression in primary care settings (National Institutes of Health
			 Consensus Development Panel on Depression in Late Life, 1992; Lebowitz et al.,
			 1997).
			(9)Suicide in older
			 adults is most associated with late-onset depression. Among patients 75 years
			 of age and older, 60 to 75 percent of suicides have diagnosable depression
			 (Mental Health: A Report of the Surgeon General, 1999).
			(10)Research
			 suggests that many seniors receive mental health assistance from their primary
			 care providers or other helping professionals versus specialty mental health
			 professionals (Mental Health: A Report of the Surgeon General, 1999).
			(11)Objective 4.6 of
			 the National Strategy for Suicide Prevention calls for increasing the
			 proportion of State Aging Networks that have evidence-based suicide prevention
			 programs designed to identify and refer for treatment elderly people at risk
			 for suicidal behavior.
			(12)Objective 1.1 of
			 the President’s New Freedom Commission on Mental Health calls for advancing and
			 implementing a national campaign to reduce the stigma of seeking care and a
			 national strategy for suicide prevention. The report addresses targeting to
			 distinct and often hard-to-reach populations, such as ethnic and racial
			 minorities, older men, and adolescents (NFC Report, 2003).
			(13)One of the top
			 10 resolutions at the 2005 White House Conference on Aging called for improving
			 the recognition, assessment, and treatment of mental illness and depression
			 among older Americans.
			3.Establishment of
			 a Federal Interagency Geriatric Mental Health Planning Council
			(a)In
			 generalThe Secretary of Health and Human Services shall
			 establish an Interagency Geriatric Mental Health Planning Council (referred to
			 in this section as the Council) to coordinate and collaborate on
			 the planning for the delivery of mental health services, to include suicide
			 prevention, to older adults.
			(b)MembersThe
			 members of the Council shall include representatives of—
				(1)the Substance
			 Abuse and Mental Health Services Administration;
				(2)the Indian Health
			 Service;
				(3)the Health
			 Resources and Services Administration;
				(4)the Centers for
			 Medicare & Medicaid Services;
				(5)the National
			 Institute of Mental Health;
				(6)the National
			 Institute on Aging;
				(7)the Centers for
			 Disease Control and Prevention;
				(8)the Department of
			 Veterans Affairs; and
				(9)older adults,
			 family members of older adults with mental illness, and geriatric mental health
			 experts or advocates for elderly mental health concerns, to be appointed by the
			 Secretary of Health and Human Services in consultation with a national advocacy
			 organization focused on suicide prevention, including senior suicide
			 prevention.
				(c)Co-chairsThe
			 Assistant Secretary for Health and the Assistant Secretary for Aging of the
			 Department of Health and Human Services shall serve as the co-chairs of the
			 Council.
			(d)ActivitiesThe
			 Council shall—
				(1)carry out an
			 interagency planning process to foster the integration of mental health,
			 suicide prevention, health, and aging services, which is critical for effective
			 service delivery for older adults;
				(2)make
			 recommendations to the heads of relevant Federal agencies to improve the
			 delivery of mental health and suicide prevention services for older adults;
			 and
				(3)submit an annual
			 report to the President and Congress concerning the activities of the
			 Council.
				4.Elimination of
			 discriminatory copayment rates for medicare outpatient mental health
			 services
			(a)In
			 generalSection 1833 of the Social Security Act (42 U.S.C. 1395l)
			 is amended by striking subsection (c).
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to items
			 and services furnished on or after January 1, 2008.
			5.Elderly suicide
			 early intervention and prevention strategiesTitle V of the Public Health Service Act is
			 amended by inserting after section 520E–2 (42 U.S.C. 290bb–36b) the
			 following:

				520E–3.Elderly
				suicide early intervention and prevention strategies
					(a)In
				generalThe Secretary shall award grants or cooperative
				agreements to eligible entities to develop strategies for addressing suicide
				among the elderly.
					(b)Eligible
				entitiesTo be eligible for a grant or cooperative agreement
				under subsection (a) an entity shall—
						(1)be a—
							(A)State or local
				government agency, a territory, or a federally recognized Indian tribe, tribal
				organization (as defined in the Indian Self-Determination and Education
				Assistance Act), or an urban Indian organization (as defined in the Indian
				Health Care Improvement Act); or
							(B)a public or
				private nonprofit organization; and
							(2)submit to the
				Secretary an application at such time, in such manner, and containing such
				information as the Secretary may require.
						(c)Use of
				fundsAn entity shall use amounts received under a grant or
				cooperative agreement under this section to—
						(1)develop and
				implement elderly suicide early intervention and prevention strategies in 1 or
				more settings that serve seniors, including senior centers, nutrition sites,
				primary care settings, veterans' facilities, nursing facilities, assisted
				living facilities, and aging information and referral sites, such as those
				operated by area agencies on aging or Aging and Disability Resource Centers (as
				those terms are defined in section 102 of the Older Americans Act of
				1965);
						(2)collect and
				analyze data on elderly suicide early intervention and prevention services for
				purposes of monitoring, research and policy development; and
						(3)assess the
				outcomes and effectiveness of such services.
						(d)RequirementsAn
				applicant for a grant or cooperative agreement under this section shall
				demonstrate how such applicant will—
						(1)collaborate with
				other State and local public and private nonprofit organizations;
						(2)offer immediate
				support, information, and referral to seniors or their families who are at risk
				for suicide, and appropriate postsuicide intervention services care, and
				information to families and friends of seniors who recently completed suicide
				and other interested individuals; and
						(3)conduct annual
				self-evaluations concerning the goals, outcomes, and effectiveness of the
				activities carried out under the grant or agreement, in consultation with
				interested families and national advocacy organizations focused on suicide
				prevention, including senior suicide prevention.
						(e)PreferenceIn
				awarding a grant or cooperative agreement under this section, the Secretary
				shall give preference to applicants with demonstrated expertise and capability
				in providing—
						(1)early
				intervention and assessment services, including voluntary screening programs,
				education, and outreach to elderly who are at risk for mental or emotional
				disorders that may lead to a suicide attempt and that are integrated with aging
				services support organizations;
						(2)early
				intervention and prevention practices and strategies adapted to the community
				it will serve, with equal preference given to applicants that are already
				serving the same community, and applicants that will serve a new community
				under a grant or agreement under this section, if the applicant has already
				demonstrated expertise and capability in providing early intervention and
				prevention practices and strategies adapted to the community or communities it
				currently serves;
						(3)access to
				services and care for seniors with diverse linguistic and cultural backgrounds;
				and
						(4)services in
				States or geographic regions with rates of elder suicide that exceed the
				national average as determined by the Centers for Disease Control and
				Prevention.
						(f)Requirement for
				direct servicesNot less than 85 percent of amounts received
				under a grant or cooperative agreement under this section shall be used to
				provide direct services.
					(g)Coordination
				and collaboration
						(1)In
				generalIn carrying out this section (including awarding grants
				and cooperative agreements under subsection (a)), the Secretary shall
				collaborate with the Interagency Geriatric Mental Health Planning
				Council.
						(2)Consultation
							(A)In
				generalExcept as provided in subparagraph (B), in developing and
				implementing Federal policy to carry out this section, the Secretary shall
				consult with—
								(i)State and local
				agencies, including agencies comprising the aging network;
								(ii)national
				advocacy organizations focused on suicide prevention, including senior suicide
				prevention;
								(iii)relevant
				national medical and other health specialty organizations;
								(iv)seniors who are
				at risk for suicide, who have survived suicide attempts, or who are currently
				receiving care from early intervention and prevention services;
								(v)families and
				friends of seniors who are at risk for suicide, who have survived attempts, who
				are currently receiving care from early intervention and prevention services,
				or who have completed suicide;
								(vi)qualified
				professionals who possess the specialized knowledge, skills, experience, and
				relevant attributes needed to serve seniors at risk for suicide and their
				families; and
								(vii)other entities
				as determined by the Secretary.
								(B)LimitationThe
				Secretary shall not consult with the entities described in subparagraph (A) for
				the purpose of awarding grants and cooperative agreements under subsection
				(a).
							(h)Evaluations and
				reports
						(1)Evaluations by
				grantees
							(A)Evaluation
				designNot later than 1 year after receiving a grant or
				cooperative agreement under this section, an eligible entity shall submit to
				the Secretary a plan on the design of an evaluation strategy to assess the
				effectiveness of results of the activities carried out under the grant or
				agreement.
							(B)Evaluation of
				effectivenessNot later than 2 years after receiving a grant or
				cooperative agreement under this section, an eligible entity shall submit to
				the Secretary an effectiveness evaluation on the implementation and results of
				the activities carried out by the eligible entity under the grant or
				agreement.
							(2)ReportNot
				later than 3 years after the date that the initial grants or cooperative
				agreements are awarded to eligible entities under this section, the Secretary
				shall submit to the appropriate committees of Congress a report describing the
				projects funded under this section and include an evaluation plan for future
				activities. The report shall—
							(A)be a coordinated
				response by all representatives on the Interagency Geriatric Mental Health
				Advisory Council; and
							(B)include input
				from consumers and family members of consumers on progress being made and
				actions that need to be taken.
							(i)DefinitionIn
				this section:
						(1)Aging
				networkThe term aging network has the meaning given
				such term in section 102(5) of the Older Americans Act of 1965.
						(2)Early
				interventionThe term early intervention means a
				strategy or approach that is intended to prevent an outcome or to alter the
				course of an existing condition.
						(3)PreventionThe
				term prevention means a strategy or approach that reduces the
				likelihood of risk or onset, or delays the onset, of adverse health problems
				that have been known to lead to suicide.
						(4)SeniorThe
				term senior means—
							(A)an individual who
				is 60 years of age or older and being served by aging network programs;
				or
							(B)an individual who
				is 65 years of age or older and covered under Medicare.
							(j)Authorization
				of appropriations–
						(1)In
				generalFor the purpose of carrying out this section there is
				authorized to be appropriated $4,000,000 for fiscal year 2008, $6,000,000 for
				fiscal year 2009 and $8,000,000 for fiscal year 2010.
						(2)PreferenceIf
				less than $3,500,000 is appropriated for any fiscal year to carry out this
				section, in awarding grants and cooperative agreements under this section
				during such fiscal year, the Secretary shall give preference to applicants in
				States that have rates of elderly suicide that significantly exceed the
				national average as determined by the Centers for Disease Control and
				Prevention.
						.
		6.Interagency
			 technical assistance center
			(a)Interagency
			 research, training, and technical assistance centersSection
			 520C(d) of the Public Health Service Act (42 U.S.C.
			 290bb–34(d)) is amended—
				(1)in paragraph (1),
			 by striking youth suicide early intervention and prevention
			 strategies and inserting suicide early intervention and
			 prevention strategies for all ages, particularly for groups that are at a high
			 risk for suicide;
				(2)in paragraph (2),
			 by striking youth suicide early intervention and prevention
			 strategies and inserting suicide early intervention and
			 prevention strategies for all ages, particularly for groups that are at a high
			 risk for suicide;
				(3)in paragraph
			 (3)—
					(A)by striking
			 youth; and
					(B)by inserting
			 before the semicolon the following: for all ages, particularly for
			 groups that are at a high risk for suicide;
					(4)in paragraph (4),
			 by striking youth suicide and inserting suicide for all
			 ages, particularly among groups that are at a high risk for
			 suicide;
				(5)in paragraph (5),
			 by striking youth suicide early intervention techniques and
			 technology and inserting suicide early intervention techniques
			 and technology for all ages, particularly for groups that are at a high risk
			 for suicide;
				(6)in paragraph
			 (7)—
					(A)by striking
			 youth; and
					(B)by inserting
			 for all ages, particularly for groups that are at a high risk for
			 suicide, after strategies; and
					(7)in paragraph
			 (8)—
					(A)by striking
			 youth suicide each place that such appears and inserting
			 suicide; and
					(B)by striking
			 in youth and inserting among all ages, particularly among
			 groups that are at a high risk for suicide.
					(b)Conforming
			 amendmentSection 520C of the Public Health Service
			 Act (42 U.S.C. 290bb–34) is amended in the heading by striking
			 Youth.
			(c)Authorization
			 of appropriations
				(1)In
			 generalIn addition to any other funds made available, there are
			 authorized to be appropriated for each of fiscal years 2008 through 2010, such
			 sums as may be necessary to carry out the amendments made by subsection
			 (a).
				(2)Supplement not
			 supplantAny funds appropriated under paragraph (1) shall be used
			 to supplement and not supplant other Federal, State, and local public funds
			 expended to carry out other activities under section 520C(d) of the
			 Public Health Service Act (42 U.S.C. 290bb–34(d)) (as
			 amended by subsection (a)).
				(3)Result of
			 increase in fundingIf, as a result of the enactment of this Act,
			 a recipient of a grant under subsection (a)(2) of section 520C of the
			 Public Health Service Act (42 U.S.C. 290bb–34) receives an
			 increase in funding to carry out activities under subsection (d) of such
			 section related to suicide prevention and intervention among groups that are at
			 a high risk for suicide, then, notwithstanding any other provision of such
			 section, such recipient shall provide technical assistance to all grantees
			 receiving funding under such section or section 520E–3 of such Act (as added by
			 section 5).


115 HR 4503 IH: Empowering Victims of Sexual Misconduct Act
U.S. House of Representatives
2017-11-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4503IN THE HOUSE OF REPRESENTATIVESNovember 30, 2017Mr. Messer introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Oversight and Government Reform, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Congressional Accountability Act of 1995 to prohibit the imposition of nondisclosure
			 agreements as a condition of the payment of an award or settlement in
			 connection with a violation of such Act, to require Members of Congress to
			 reimburse the Treasury for amounts paid as awards and settlements under
			 such Act in cases of sexual harassment and sexual assault, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Empowering Victims of Sexual Misconduct Act. 2.Prohibiting imposition and enforcement of certain nondisclosure agreements involving Members of Congress (a)Nondisclosure agreements as condition of award or settlement under Congressional Accountability Act of 1995 (1)ProhibitionSection 401 of the Congressional Accountability Act of 1995 (2 U.S.C. 1401) is amended—
 (A)by striking Except as otherwise provided and inserting (a) Procedures available.—Except as otherwise provided; and (B)by adding at the end the following new subsection:

 (b)Prohibiting imposition of nondisclosure agreementsA nondisclosure agreement may not be imposed on any party as a condition of the payment of any award or settlement in connection with a violation of part A of title II.
							.
 (2)Permitting individuals subject to existing nondisclosure agreements to make information publicAny individual who received an award or settlement prior to the date of the enactment of this Act in connection with a violation of part A of title II of the Congressional Accountability Act of 1995 and who signed a nondisclosure agreement as a condition of receiving the award or settlement may, notwithstanding the terms of the agreement, make public any information relating to the award or settlement.
 (3)Effective dateThe amendment made by paragraph (1) shall apply with respect to awards and settlements paid in connection with the Congressional Accountability Act of 1995 on or after the date of the enactment of this Act.
				(b)Other nondisclosure agreements involving allegations of sexual harassment or sexual assault
 (1)Prohibiting enforcement of agreement against victimAny individual who entered into a nondisclosure agreement as a condition of receiving a settlement in connection with an allegation of sexual misconduct committed by another individual who, at the time of the agreement, was a Member of Congress, may make public any information relating to the settlement or the allegation, notwithstanding the terms of the agreement.
 (2)Sexual misconduct definedIn this subsection, the term sexual misconduct means any of the following: (A)Any act which would be rape under section 920(a) of title 10, United States Code, if committed by an individual subject to chapter 47 of such title (commonly referred to as the Uniform Code of Military Justice).
 (B)Any act which would be sexual assault under section 920(b) of title 10, United States Code, if committed by an individual subject to chapter 47 of such title.
 (C)Sexual harassment, as described in section 1604.11 of title 29, Code of Federal Regulations. (3)Member of Congress definedIn this subsection, a Member of Congress means any of the following individuals:
 (A)A Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress.
 (B)A Senator. (C)An individual who, for purposes of the Federal Election Campaign Act of 1971, is a candidate for election for the office of Member of the House of Representatives (including the office of a Delegate or Resident Commissioner to the Congress) or the office of Senator.
					3.Personal liability of Members of Congress to reimburse Treasury for amounts paid as settlements and
			 awards in cases of sexual harassment or sexual assault
			(a)Mandating reimbursement of amounts paid
 (1)In generalSection 415 of the Congressional Accountability Act of 1995 (2 U.S.C. 1415) is amended by adding at the end the following new subsection:

						(d)Personal liability of Members of Congress for payment of settlements and awards
 (1)In generalIf a payment is made from the account described in subsection (a) for an award or settlement resulting from a violation of part A of title II consisting of an act of sexual harassment or sexual assault committed by a Member of the House of Representatives or a Senator, the Member or Senator shall reimburse the account for the amount of the award or settlement.
 (2)Withholding amounts from salaryIf, by the expiration of the 90-day period which begins on the date a payment is made from the account described in subsection (a) for an award or settlement described in paragraph (1), a Member or Senator has not reimbursed the account as required under paragraph (1), the payroll administrator shall withhold from the Member’s or Senator’s compensation and transfer to the account described in subsection (a) such amounts as may be necessary to reimburse the account for the payment, in accordance with such timetable and procedures as may be established by—
 (A)the Committee on House Administration of the House of Representatives, in the case of a Member of the House; or
 (B)the Committee on Rules and Administration of the Senate, in the case of a Senator. (3)Notification to Office of Personnel Management and Secretary of the TreasuryIf, at the time an individual is first no longer receiving compensation as a Member or a Senator, the amounts withheld under this subsection have not been sufficient to reimburse the account described in subsection (a) for an award or settlement described in paragraph (1), the payroll administrator—
 (A)shall notify the Director of the Office of Personnel Management, who shall take such actions as the Director considers appropriate to withhold from any annuity payable to the individual under chapter 83 or chapter 84 of title 5, United States Code, and transfer to the account described in subsection (a), such amounts as may be necessary to reimburse the account for the payment; and
 (B)shall notify the Secretary of the Treasury, who (if necessary) shall take such actions as the Secretary of the Treasury considers appropriate to withhold from any payment to the individual under title II of the Social Security Act and transfer to the account described in subsection (a), such amounts as may be necessary to reimburse the account for the payment.
 (4)Coordination between OPM and TreasuryThe Director of the Office of Personnel Management and the Secretary of the Treasury shall carry out paragraph (3) in a manner that ensures the coordination of the withholding and transferring of amounts under such paragraph, in accordance with regulations promulgated by the Director and the Secretary.
 (5)Payroll administrator definedIn this section, the term payroll administrator means— (A)in the case of a Member of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this subsection; or
 (B)in the case of a Senator, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this subsection..
 (2)Effective dateThe amendments made by paragraph (1) shall apply with respect to payments made on or after the date of the enactment of this Act.
				(b)Reimbursement of amounts paid previously
 (1)Requiring reimbursementIf, prior to the date of the enactment of this Act, a payment was made from the account described in section 415(a) of the Congressional Accountability Act of 1995 for an award or settlement resulting from a violation of part A of title II of such Act consisting of an act of sexual harassment or sexual assault committed by an individual who, at the time of committing the act, was a Member of the House of Representatives or a Senator, the individual shall reimburse the account for the amount of the award or settlement.
 (2)Withholding of amounts in event of failure to reimburseIf, by the expiration of the 90-day period which begins on the date of the enactment of this Act, an individual has not met the requirements of paragraph (1), the individual shall be subject to withholding of amounts as follows:
 (A)If the individual is a Member of the House of Representatives or a Senator, the payroll administrator shall withhold from the individual’s compensation and transfer to the account described in paragraph (1) such amounts as may be necessary to reimburse the account for the payment, in the same manner provided under paragraph (2) of section 415(d) of such Act (as added by subsection (a)).
 (B)If the individual is not a Member of the House of Representatives or a Senator— (i)the Director of the Office of Personnel Management shall withhold from any annuity payable to the individual under chapter 83 or chapter 84 of title 5, United States Code, and transfer to the account described in paragraph (1), such amounts as may be necessary to reimburse the account for the payment, in the same manner and subject to the same regulations provided under paragraph (3) of section 415(d) of such Act (as added by subsection (a)); and
 (ii)if necessary, the Secretary of the Treasury shall withhold from any payment to the individual under title II of the Social Security Act and transfer to the account described in paragraph (1), such amounts as may be necessary to reimburse the account for the payment, in the same manner and subject to the same regulations provided under paragraph (3) of section 415(d) of such Act (as added by subsection (a)).
 (3)Notifications by Office of ComplianceAs soon as practicable after the date of the enactment of this Act, the Office of Compliance shall submit a notice to each of the following that a payment described in paragraph (1) was made, including the amount of the payment:
 (A)The individual who is required to reimburse the amount of the payment under this subsection. (B)The payroll administrator.
 (C)The Director of the Office of Personnel Management. (D)The Secretary of the Treasury.
 (4)Payroll administrator definedIn this subsection, the term payroll administrator has the meaning given such term in section 415(d)(5) of the Congressional Accountability Act of 1995, as added by subsection (a).
				4.GAO audit and report on amounts used to pay awards and settlements
 (a)Audit and reportNot later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall conduct and submit an audit and report on the use of public funds, including the account described in section 415(a) of the Congressional Accountability Act of 1995, the Members’ Representational Allowance, and other accounts of the House of Representatives or Senate, to make payments of awards and settlements resulting from a violation of part A of title II of such Act consisting of an act of sexual harassment or sexual assault which was committed by a Member of the House of Representatives or a Senator. The report shall include the following information:
 (1)A description of each violation involved. (2)The identification of the office of the Member or Senator involved.
 (3)The amount of the award or settlement. (b)Protection of identity of individuals receiving awards and settlementsIn preparing and submitting the audit and report required under this section, the Comptroller General of the United States shall ensure that the identity of any individual who received an award or settlement, or who made an allegation of a violation against an office of a Member or Senator, is not disclosed and may not otherwise be determined.
 (c)Access to recordsThe Office of Compliance, the Chief Administrative Officer of the House of Representatives, and the Secretary of the Senate shall each ensure that the Comptroller General of the United States has sufficient access to the records and accounts necessary for the Comptroller General to carry out this section.


117 HR 545 IH: No Congressional Gun Loophole Act
U.S. House of Representatives
2021-01-28
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.

I117th CONGRESS1st SessionH. R. 545IN THE HOUSE OF REPRESENTATIVESJanuary 28, 2021Mr. Huffman (for himself, Mr. Levin of California, Mrs. Axne, Mr. Grijalva, Mr. Quigley, Ms. Norton, Ms. Escobar, Mr. Hastings, Miss Rice of New York, Ms. Barragán, Mrs. Watson Coleman, Ms. Scanlon, Mr. Casten, Ms. Castor of Florida, Mrs. Beatty, Mr. Torres of New York, Ms. Chu, Mr. McNerney, Mr. Vargas, Mr. Case, Mr. Auchincloss, Mr. Espaillat, Mr. Carson, Ms. Wasserman Schultz, Ms. Lee of California, Ms. Meng, Mr. Beyer, Mr. Jones, Ms. Wilson of Florida, Ms. Bonamici, Mr. DeSaulnier, Mr. Evans, and Ms. Stevens) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 40, United States Code, to prevent Members of Congress and their employees from carrying firearms in the Capitol building, and for other purposes.1.Short titleThis Act may be cited as the No Congressional Gun Loophole Act. 2.Capitol grounds and buildings security(a)In generalSection 5104(e)(1) of title 40, United States Code, is amended—(1)in subparagraph (A), by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively, and moving the margins 2 ems to the right;(2)by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving the margins 2 ems to the right;(3)by striking An individual and inserting the following: (A)In generalAn individual; and(4)by adding at the end the following:(B)ExceptionNotwithstanding subparagraph (A), the Capitol Police Board may not authorize or permit a Member of Congress or an employee of such Member of Congress to carry on or have readily accessible to such Member or employee a firearm, except a Member or employee may store a firearm in a car owned by such Member or employee that is parked in a garage in the Capitol complex if the Member or employee is in compliance with the firearms laws of the District of Columbia for the lawful possession of such firearm and such firearm is locked with a gun lock while on the Capitol complex..(b)Effective dateThe amendments made by subsection (a) shall take effect on the date that is 15 days after the date of the enactment of this Act.


I
108th CONGRESS
2d Session
H. R. 4860
IN THE HOUSE OF REPRESENTATIVES

July 19, 2004
Mr. Moran of Virginia introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend title 49, United States Code, to allow States to regulate tow truck operations.

 That section 14501(c)(2)(C) of title 49, United States Code, is amended by striking the price of and all that follows through transportation is and inserting the regulation of tow truck operations.


		II
		Calendar No. 164
		112th CONGRESS
		1st Session
		S. 1547
		IN THE SENATE OF THE UNITED STATES

			September 13, 2011
			Mr. Johnson of South
			 Dakota, from the Committee on Banking, Housing, and Urban Affairs,
			 reported the following original bill; which was read twice and placed on the
			 calendar

		A BILL
		To reauthorize the Export-Import Bank of the United
		  States, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Export-Import Bank Reauthorization Act
			 of 2011.
		2.Extension of
			 authoritySection 7 of the
			 Export-Import Bank Act of 1945 (12 U.S.C. 635f) is amended by striking
			 2011 and inserting 2015.
		3.Foreign Credit
			 Insurance AssociationSection
			 2(b)(1) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(1)) is amended
			 by striking subparagraph (F).
		4.Marxist-Leninist
			 country definedSection
			 2(b)(2)(B)(ii) of the Export-Import Bank Act of 1945 (12 U.S.C.
			 635(b)(2)(B)(ii)) is amended by striking subclauses (I), (IV), and (VII) and by
			 redesignating subclauses (II), (III), (V), (VI), (VIII), and (IX) as subclauses
			 (I), (II), (III), (IV), (V), and (VI), respectively.
		5.Sub-Saharan
			 Africa Advisory CommitteeSection 2(b)(9)(B)(iii) of the Export-Import
			 Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is amended by striking
			 2011 and inserting 2015.
		6.Aggregate loan,
			 guarantee, and insurance authoritySection 6(a)(2) of the Export-Import Bank
			 Act of 1945 (12 U.S.C. 635e(a)(2)) is amended—
			(1)by striking
			 and at the end of subparagraph (D);
			(2)by striking
			 2011, at the end of subparagraph (E) and inserting 2011,
			 $100,000,000,000;; and
			(3)by adding at the
			 end the following:

					(F)during fiscal
				year 2012, $110,000,000,000;
					(G)during fiscal
				year 2013, $120,000,000,000;
					(H)during fiscal
				year 2014, $130,000,000,000; and
					(I)during fiscal
				year 2015,
				$140,000,000,000.
					.
			7.Extension of
			 authority to provide financing for the export of nonlethal defense articles or
			 services the primary end use of which will be for civilian
			 purposesSection 4 of Public
			 Law 109–438 (12 U.S.C. 635 note; 108 Stat. 4376) is amended by striking
			 2011 and inserting 2015.
		8.Modifications to
			 provisions relating to textiles
			(a)Representation
			 of the textile industry on advisory committeeSection 3(d)(1)(B) of the Export-Import
			 Bank Act of 1945 (12 U.S.C. 635a(d)(1)(B)) is amended by striking and
			 State government and inserting State government, and the textile
			 industry.
			(b)Annual report
			 regarding textile and apparel goodsSection 8 of the
			 Export-Import Bank Act of 1945 (12 U.S.C. 635g) is amended by adding at the end
			 the following new subsection:

					(g)Textile and
				apparel supply chain financingThe Bank shall include in its
				annual report to the Congress—
						(1)a description of
				the efforts of the Bank to provide financing to the United States textile and
				apparel industry for exports of textile and apparel goods manufactured in the
				United States that are used as components in global textile and apparel supply
				chains; and
						(2)the amount of
				support the Bank provided for the export of textiles and apparel goods for each
				of the 3 years preceding the
				report.
						.
			9.Review and
			 report on domestic content policy
			(a)In
			 generalThe Export-Import
			 Bank of the United States shall conduct a review of its domestic content policy
			 for medium- and long-term transactions. The review shall examine and evaluate
			 the effectiveness of the Bank’s policy—
				(1)in maintaining and creating jobs in the
			 United States; and
				(2)in contributing to a stronger national
			 economy through the export of goods and services.
				(b)Factors To
			 ConsiderIn conducting the review under subsection (a), the Bank
			 shall consider the following:
				(1)Whether the
			 domestic content policy accurately captures the costs of United States
			 production of goods and services, including the direct and indirect costs of
			 manufacturing costs, parts, components, materials and supplies, research,
			 planning engineering, design, development, production, return on investment,
			 marketing and other business costs and the effect of such policy on the
			 maintenance and creation of jobs in the United States.
				(2)The ability of
			 the Bank to provide financing that is competitive with the financing provided
			 by foreign export credit agencies and the impact that such financing has in
			 enabling companies with operations in the United States to contribute to a
			 stronger United States economy by increasing employment through the export of
			 goods and services.
				(3)The effects of
			 the domestic content policy on the manufacturing and service workforce of the
			 United States.
				(4)Any
			 recommendations the members of the Bank's Advisory Committee have regarding the
			 Bank's domestic content policy.
				(5)The effect that
			 changes to the Bank’s domestic content requirements would have in providing
			 companies an incentive to create and maintain operations in the United States
			 and to increase jobs in the United States.
				(c)ReportNot later than 1 year after the date of the
			 enactment of this Act, the Bank shall submit a report on the results of the
			 review conducted under this section to the Committee on Banking, Housing, and
			 Urban Affairs of the Senate, and the Committee on Financial Services of the
			 House of Representatives.
			10.Strategic
			 planSection 8 of the
			 Export-Import Bank Act of 1945 (12 U.S.C. 635g), as amended by section 8, is
			 further amended by adding at the end the following new subsection:

				(h)Strategic plan
				for the bank
					(1)In
				generalThe Bank shall include in its annual report to the
				Congress under subsection (a) of this section, not less than every 4 years,
				beginning in 2012, a 5-year strategic plan that provides—
						(A)a comprehensive
				mission statement covering the major functions and operations of the
				Bank;
						(B)general goals and
				objectives, including outcome-oriented goals, for the major functions of the
				Bank;
						(C)a description of
				the Bank’s highest-priority goals and how they can be achieved within the
				5-year plan period, according to clearly defined milestones; and
						(D)a description of
				how the goals and objectives incorporate views and suggestions obtained through
				congressional consultations;
						(2)ProgressThe
				progress the Bank is making in meeting the milestones established by the
				strategic plan shall be updated in each annual report the Bank submits to the
				Congress.
					(3)Availability of
				annual reportThe Bank shall make its annual report available on
				its public
				website.
					.
		11.Review and
			 report on Bank's information technology infrastructure
			(a)In
			 generalNot later than 180 days after the date of the enactment
			 of this Act, the Export-Import Bank of the United States shall conduct a review
			 of the Bank's information technology infrastructure and report to Congress
			 on—
				(1)how the Bank will
			 modernize and continue to maintain the technology infrastructure, taking into
			 consideration commercially available technologies or other cost-savings
			 measures; and
				(2)how
			 modernization, maintenance, and other cost-saving measures will result—
					(A)in improved
			 service delivery to customers of the Bank;
					(B)in generally
			 improving the Bank's performance; and
					(C)in mitigating
			 taxpayer exposure to losses.
					12.Study by the
			 Comptroller General on risk management
			(a)In
			 generalNot later than 18 months after the date of the enactment
			 of this Act, the Comptroller General of the United States shall complete and
			 submit to the Export-Import Bank of the United States, the Committee on
			 Banking, Housing, and Urban Affairs of the Senate and the Committee on
			 Financial Services of the House of Representatives a report—
				(1)on the financial
			 position of the Bank and the risks it poses for American taxpayers; and
				(2)that contains
			 recommendations to the Bank on how to properly account for risk and ensure the
			 solvency of the Bank.
				(b)ReportThe
			 report submitted under subsection (a) shall evaluate—
				(1)the effectiveness
			 of the Bank’s risk management;
				(2)the adequacy of
			 the Bank’s loan loss reserves;
				(3)the exposure and
			 potential for exposure to losses from each of the products offered by the
			 Bank;
				(4)the overall risk
			 of the Bank’s portfolio, taking into account—
					(A)market
			 risk;
					(B)credit
			 risk;
					(C)political
			 risk;
					(D)industry-concentration
			 risk;
					(E)geographic-concentration
			 risk;
					(F)obligor-concentration
			 risk; and
					(G)foreign-currency
			 risk;
					(5)the Bank’s use of
			 historical default and recovery rates to calculate future program costs, taking
			 into consideration cost estimates determined under the Federal Credit Reform
			 Act of 1990 (2 U.S.C. 661 et seq.) and whether discount rates applied to cost
			 estimates should reflect the risks described in paragraph (4);
				(6)the fees charged
			 by the Bank for the products the Bank offers, whether the Bank’s fees properly
			 reflect the risks described in paragraph (4), and how the fees are affected by
			 United States participation in international agreements; and
				(7)whether the
			 Bank’s loan loss reserves policy is sufficient to cover the risks described in
			 paragraph (4).
				(c)Recommendations
			 and report by the bankIf the Bank does not adopt the
			 recommendations provided under subsection (a) by the Comptroller General, the
			 Bank shall submit to Congress, not later than 60 days after the Bank receives
			 the report, a report on why the Bank has not adopted the
			 recommendations.
			13.Renewable
			 energy and energy efficiency technologies
			(a)In
			 generalThe Export-Import
			 Bank of the United States should work to increase the export of renewable
			 energy technologies and end-use energy efficiency technologies with a goal of
			 significantly expanding, year-after-year, the Bank's annual aggregate loan,
			 guarantee, and insurance authorizations supporting those technologies.
			(b)Increased
			 reporting requirementsThe Export-Import Bank of the United
			 States shall include in its annual report to the Congress an analysis of any
			 barriers to realizing the Bank’s congressional directive to increase the Bank's
			 financing for renewable energy technology and end-use energy efficiency
			 technology and any tools the Bank needs to assist the Bank in overcoming those
			 barriers. The analysis shall include barriers such as—
				(1)inadequate
			 staffing;
				(2)inadequate
			 financial products;
				(3)lack of capital
			 authority; and
				(4)limitations
			 imposed by domestic markets.
				14.Transparency
			 and accountability of bank financingSection 2(b) of the Export-Import Bank Act
			 of 1945 (12 U.S.C. 635(b)) is amended by inserting after paragraph (3) the
			 following new paragraph:

				(3A)Transparency and accountability of
				bank financing
					(A)Preapproval noticeNot
				later than 14 days before any meeting of the Board of Directors for final
				approval of a transaction the value of which exceeds $100,000,000, and
				concurrent with any statement required to be submitted under paragraph (3) with
				respect to the transaction, the Bank shall post a notice on the Bank's website
				that includes—
						(i)a description of the transaction
				proposed to be financed;
						(ii)the identities of the obligor,
				principal supplier, and guarantor involved in the transaction; and
						(iii)a description of any item with
				respect to which Bank financing is being sought.
						(B)Manner of
				disclosureAny information required to be disclosed under
				subparagraph (A) shall be disclosed in a manner that does not disclose any
				information that is confidential or proprietary business information, that
				would violate section 1905 of title 18, United States Code (commonly referred
				to as the Trade Secrets Act), or that would jeopardize jobs in
				the United States by supplying information which competitors could use to
				compete with companies in the United States.
					(C)Post considerationNot
				later than 30 days after the final approval of a transaction the value of which
				exceeds $100,000,000, the Bank shall post a notice on the Bank's website that
				includes the information required under subparagraph (A) in a manner that
				complies with subparagraph
				(B).
					.
		15.Annual
			 competitiveness reportSection
			 8A(a) of the Export-Import Bank Act of 1945 (12 U.S.C. 635g–1(a)) is amended by
			 adding at the end the following:

				(11)Case
				processingA separate section detailing the Bank's annual survey
				of exporters, financial institutions, and brokers regarding the Bank's
				processing of transactions, timeliness in reviewing transactions and processing
				applications, adherence to financial standards, clarity and ease of use of
				applications, and general customer service during the application and approval
				process for each of the Bank's major programs.
				(12)OperationsA
				separate section detailing the Bank's annual survey of exporters, financial
				institutions, and brokers regarding the Bank's documentation requirements,
				certifications, and processing of applications for medium- and long-term
				program transactions compared to the processing of applications by other export
				credit agencies.
				(13)Process
				improvementA description of the recommendations made by the
				Bank’s Advisory Committee and the advisory committee on Sub-Saharan Africa
				established under section 2(b)(9)(B)(ii) regarding improving the Bank's
				processing of transactions and customer service. The Bank shall make every
				reasonable effort to act on the recommendations of the advisory committees and
				shall include a separate section detailing the actions taken by the Bank to
				comply with the
				recommendations.
				.
		16.Prohibitions on
			 financing for certain persons involved in sanctionable activities with respect
			 to Iran
			(a)Prohibition on
			 financing for persons that engage in certain sanctionable activities
				(1)In
			 generalBeginning on the date that is 90 days after the date of
			 the enactment of this Act, the Board of Directors of the Export-Import Bank of
			 the United States may not approve any transaction that is subject to approval
			 by the Board with respect to the provision by the Bank of any guarantee,
			 insurance, or extension of credit, or the participation by the Bank in any
			 extension of credit, in connection with the exportation of any good or service
			 by a person unless the person makes the certification described in paragraph
			 (2).
				(2)Certification
			 describedThe certification described in this paragraph is a
			 certification by a person—
					(A)that neither the
			 person nor any other person owned or controlled by the person—
						(i)engages in any
			 activity described in section 5(a) of the Iran Sanctions Act of 1996 (Public
			 Law 104–172; 50 U.S.C. 1701 note) for which the person may be subject to
			 sanctions under that Act;
						(ii)exports
			 sensitive technology, as defined in section 106 of the Comprehensive Iran
			 Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8515), to
			 Iran; or
						(iii)engages in any
			 activity prohibited by part 560 of title 31, Code of Federal Regulations
			 (commonly known as the Iranian Transactions Regulations), unless
			 the activity is disclosed to the Office of Foreign Assets Control of the
			 Department of the Treasury when the activity is discovered; or
						(B)if the person or
			 any other person owned or controlled by the person has engaged in an activity
			 described in subparagraph (A), that—
						(i)in
			 the case of an activity described in subparagraph (A)(i), the President—
							(I)has waived the
			 imposition of sanctions with respect to the person that engaged in that
			 activity pursuant to section 4(c), 6(b)(5), or 9(c) of the Iran Sanctions Act
			 of 1996 (Public Law 104–172; 50 U.S.C. 1701 note);
							(II)has determined
			 not to initiate, or has terminated, an investigation under section 4(e)(1) of
			 that Act with respect to the person that engaged in that activity pursuant to
			 section 4(e)(3) of that Act; or
							(III)has determined
			 that the criteria have been met for the exception provided for under section
			 5(a)(3)(C) of that Act to apply with respect to the person that engaged in that
			 activity; or
							(ii)in
			 the case of an activity described in subparagraph (A)(ii), the President has
			 waived, pursuant to section 401(b)(1) of the Comprehensive Iran Sanctions,
			 Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(b)(1)), the
			 application of the prohibition under section 106(a) of that Act (22 U.S.C.
			 8515(a)) with respect to that person.
						(b)Prohibition on
			 financingsBeginning on the date that is 90 days after the date
			 of the enactment of this Act, the Board of Directors of the Export-Import Bank
			 of the United States may not approve any transaction that is subject to
			 approval by the Board with respect to the provision by the Bank of any
			 guarantee, insurance, or extension of credit, or the participation by the Bank
			 in any extension of credit, in connection with a financing in which a borrower
			 or controlling sponsor, or a person that is owned or controlled by such
			 borrower or controlling sponsor, is subject to sanctions under section 5(a) of
			 the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701
			 note).
			(c)DefinitionsIn
			 this section:
				(1)Appropriate
			 congressional committees; personThe terms appropriate
			 congressional committees and person have the meanings given
			 those terms in section 14(14) of the Iran Sanctions Act of 1996 (Public Law
			 104–172; 50 U.S.C. 1701 note).
				(2)Controlling
			 sponsorThe term controlling sponsor means an entity
			 providing controlling direct private equity investment (excluding investments
			 made through publicly held investment funds, publicly held securities, public
			 offerings, or similar public market vehicles) in connection with a
			 financing.

		September 13, 2011
		Read twice and placed on the calendar


110 HR 5784 IH: Affordable Health Care Expansion Act

U.S. House of Representatives
2008-04-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5784
		IN THE HOUSE OF REPRESENTATIVES

			April 14, 2008
			Ms. Granger (for
			 herself, Mr. Wynn,
			 Ms. Norton, and
			 Mr. Platts) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow
		  individuals a refundable credit against income tax for the purchase of private
		  health insurance.

		1.Short titleThis Act may be cited as the
			 Affordable Health Care Expansion Act
			 of 2008.
		2.Refundable credit
			 for health insurance coverage
			(a)In
			 generalSubpart C of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to refundable credits) is amended by
			 redesignating section 36 as section 37 and by inserting after section 35 the
			 following new section:

					36.Health insurance
				costs
						(a)In
				generalIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this chapter an amount equal to the amount
				paid during the taxable year for qualified health insurance for the taxpayer,
				his spouse, and dependents.
						(b)Limitations
							(1)In
				generalThe amount allowed as a credit under subsection (a) to
				the taxpayer for the taxable year shall not exceed the sum of the monthly
				limitations for coverage months during such taxable year for each individual
				referred to in subsection (a) for whom the taxpayer paid during the taxable
				year any amount for coverage under qualified health insurance.
							(2)Phaseout of
				amount
								(A)Reduction based
				on adjusted gross incomeThe amount determined under paragraph
				(1) for any taxable year shall be reduced (but not below zero) by the amount
				determined under subparagraph (B).
								(B)Amount of
				reductionThe amount determined under this subparagraph with
				respect to any amount determined under paragraph (1) shall be the amount which
				bears the same ratio to such amount determined under paragraph (1) as—
									(i)the excess
				of—
										(I)the taxpayer’s
				adjusted gross income for such taxable year, over
										(II)the applicable
				dollar amount, bears to
										(ii)$10,000.
									The
				rules of subparagraphs (B) and (C) of section 219(g)(2) shall apply to any
				reduction under this subparagraph.(C)DefinitionsFor
				purposes of this paragraph—
									(i)adjusted gross
				income shall be determined in the same manner as under section
				408A(c)(3)(C)(i), and
									(ii)the applicable
				dollar amount is—
										(I)in the case of a
				taxpayer filing a joint return, $105,000,
										(II)in the case of
				any other taxpayer (other than a married individual filing a separate return),
				$65,000, and
										(III)in the case of a
				married individual filing a separate return, zero.
										(3)Monthly
				limitation
								(A)In
				generalThe monthly limitation for an individual for each
				coverage month of such individual during the taxable year is the amount equal
				to 1/12th of—
									(i)the base amount,
				plus
									(ii)50
				percent of the amount paid in excess of the base amount.
									(B)Base
				amountFor purposes of this paragraph, the base amount is—
									(i)$1,000 if such
				individual is the taxpayer,
									(ii)$1,000 if—
										(I)such individual is
				the spouse of the taxpayer,
										(II)the taxpayer and
				such spouse are married as of the first day of such month, and
										(III)the taxpayer
				files a joint return for the taxable year, and
										(iii)$500 if such
				individual is an individual for whom a deduction under section 151(c) is
				allowable to the taxpayer for such taxable year.
									(4)Health insurance
				coverage required for all family members
								(A)In
				generalThe coverage month
				limitation for a month shall be zero unless, on the first day of the such
				month, the taxpayer, the spouse of the taxpayer, and each qualifying child of
				the taxpayer as of such day is covered by qualified health insurance.
								(B)Qualifying
				childFor purposes of subparagraph (A), the term qualifying
				child, with respect to the taxpayer, has the meaning given such term by
				section 152(c), determined without regard to section 152(e), but not if such
				child—
									(i)is
				married at the close of the taxpayer’s taxable year, and
									(ii)is
				not a dependent of such individual by reason of section 152(b)(2) or 152(b)(3),
				or both.
									(5)Coverage
				monthFor purposes of this subsection—
								(A)In
				generalThe term coverage month means, with respect
				to an individual, any month if—
									(i)as
				of the first day of such month such individual is covered by qualified health
				insurance, and
									(ii)the premium for
				coverage under such insurance for such month is paid by the taxpayer.
									(B)Employer-subsidized
				coverage
									(i)In
				generalSuch term shall not include any month for which such
				individual participates in any subsidized health plan (within the meaning of
				section 162(l)(2)) maintained by any employer of the taxpayer or of the spouse
				of the taxpayer.
									(ii)Premiums to
				nonsubsidized plansIf an employer of the taxpayer or the spouse
				of the taxpayer maintains a health plan which is not a subsidized health plan
				(as so defined) and which constitutes qualified health insurance, employee
				contributions to the plan shall be treated as amounts paid for qualified health
				insurance.
									(C)Cafeteria plan
				and flexible spending account beneficiariesSuch term shall not
				include any month during a taxable year if any amount is not includible in the
				gross income of the taxpayer for such year under section 106 with respect
				to—
									(i)a
				benefit chosen under a cafeteria plan (as defined in section 125(d)), or
									(ii)a
				benefit provided under a flexible spending or similar arrangement.
									(D)Medicare and
				medicaidSuch term shall not include any month with respect to an
				individual if, as of the first day of such month, such individual—
									(i)is
				entitled to any benefits under title XVIII of the Social Security Act, or
									(ii)is a participant
				in the program under title XIX or XXI of such Act.
									(E)Certain other
				coverageSuch term shall not include any month during a taxable
				year with respect to an individual if, at any time during such year, any
				benefit is provided to such individual under—
									(i)chapter 89 of
				title 5, United States Code,
									(ii)chapter 55 of
				title 10, United States Code,
									(iii)chapter 17 of
				title 38, United States Code, or
									(iv)any medical care
				program under the Indian Health Care
				Improvement Act.
									(F)PrisonersSuch
				term shall not include any month with respect to an individual if, as of the
				first day of such month, such individual is imprisoned under Federal, State, or
				local authority.
								(G)Insufficient
				presence in United StatesSuch term shall not include any month
				during a taxable year with respect to an individual if such individual is
				present in the United States on fewer than 183 days during such year
				(determined in accordance with section 7701(b)(7)).
								(6)Coordination with
				deduction for health insurance costs of self-employed
				individualsIn the case of a taxpayer who is eligible to deduct
				any amount under section 162(l) for the taxable year, this section shall apply
				only if the taxpayer elects not to claim any amount as a deduction under such
				section for such year.
							(c)Reduced credit
				for participants in health plans of employersIn the case of any
				individual who participates in a subsidized health plan (within the meaning of
				section 162(l)(2)) maintained by any employer of the taxpayer or of the spouse
				of the taxpayer (not including a cafeteria plan (as defined in section
				125(d))), there shall be allowed to the taxpayer one-quarter of the credit that
				would be allowed to the taxpayer under subsection (a) (determined without
				regard to the participation in the health plan) if the monthly limitation were
				determined without the addition of the amount described in subsection
				(b)(3)(A)(ii).
						(d)Qualified health
				insuranceFor purposes of this section—
							(1)In
				generalThe term qualified health insurance means
				insurance which constitutes medical care as defined in section 213(d) without
				regard to—
								(A)paragraph (1)(C)
				thereof, and
								(B)so much of
				paragraph (1)(D) thereof as relates to qualified long-term care insurance
				contracts.
								(2)Exclusion of
				certain other contractsSuch term shall not include insurance if
				a substantial portion of its benefits are excepted benefits (as defined in
				section 9832(c)).
							(e)Medical and
				health savings account contributions
							(1)In
				generalIf a deduction would (but for paragraph (2)) be allowed
				under section 220 or 223 to the taxpayer for a payment for the taxable year to
				the medical or health savings account of an individual, subsection (a) shall be
				applied by treating such payment as a payment for qualified health insurance
				for such individual.
							(2)Denial of double
				benefitNo deduction shall be allowed under section 220 or 223
				for that portion of the payments otherwise allowable as a deduction under
				section 220 or 223 (as the case may be) for the taxable year which is equal to
				the amount of credit allowed for such taxable year by reason of this
				subsection.
							(f)Special
				rules
							(1)Coordination
				with medical expense deductionThe amount which would (but for
				this paragraph) be taken into account by the taxpayer under section 213 for the
				taxable year shall be reduced by the credit (if any) allowed by this section to
				the taxpayer for such year.
							(2)Denial of credit
				to dependentsNo credit shall be allowed under this section to
				any individual with respect to whom a deduction under section 151 is allowable
				to another taxpayer for a taxable year beginning in the calendar year in which
				such individual’s taxable year begins.
							(3)Denial of double
				benefitNo credit shall be allowed under subsection (a) if the
				credit under section 35 is allowed and no credit shall be allowed under 35 if a
				credit is allowed under this section.
							(4)Election not to
				claim creditThis section shall not apply to a taxpayer for any
				taxable year if such taxpayer elects to have this section not apply for such
				taxable year.
							(5)Inflation
				adjustmentIn the case of any taxable year beginning in a
				calendar year after 2009, each dollar amount contained in subsection (b)(3)(B)
				shall be increased by an amount equal to—
								(A)such dollar
				amount, multiplied by
								(B)the cost-of-living
				adjustment determined under section 1(f)(3) for the calendar year in which the
				taxable year begins, determined by substituting calendar year
				2008 for calendar year 1992 in subparagraph (B)
				thereof.
								Any
				increase determined under the preceding sentence shall be rounded to the
				nearest multiple of $50 ($25 in the case of the dollar amount in subsection
				(b)(3)(B)(iii))..
			(b)Information
			 reporting
				(1)In
			 generalSubpart B of part III of subchapter A of chapter 61 of
			 such Code (relating to information concerning transactions with other persons)
			 is amended by inserting after section 6050V the following new section:

						6050W.Returns
				relating to payments for qualified health insurance
							(a)In
				generalAny person who, in connection with a trade or business
				conducted by such person, receives payments during any calendar year from any
				individual for coverage of such individual or any other individual under
				creditable health insurance, shall make the return described in subsection (b)
				(at such time as the Secretary may by regulations prescribe) with respect to
				each individual from whom such payments were received.
							(b)Form and manner
				of returnsA return is described in this subsection if such
				return—
								(1)is in such form as
				the Secretary may prescribe, and
								(2)contains—
									(A)the name, address,
				and TIN of the individual from whom payments described in subsection (a) were
				received,
									(B)the name, address,
				and TIN of each individual who was provided by such person with coverage under
				creditable health insurance by reason of such payments and the period of such
				coverage, and
									(C)such other
				information as the Secretary may reasonably prescribe.
									(c)Creditable health
				insuranceFor purposes of this section, the term creditable
				health insurance means qualified health insurance (as defined in section
				36(d)) other than—
								(1)insurance under a
				subsidized group health plan maintained by an employer, or
								(2)to the extent
				provided in regulations prescribed by the Secretary, any other insurance
				covering an individual if no credit is allowable under section 36 with respect
				to such coverage.
								(d)Statements To be
				furnished to individuals with respect to whom information is
				requiredEvery person required to make a return under subsection
				(a) shall furnish to each individual whose name is required under subsection
				(b)(2)(A) to be set forth in such return a written statement showing—
								(1)the aggregate
				amount of payments described in subsection (a) received by the person required
				to make such return from the individual to whom the statement is required to be
				furnished, and
								(2)the information
				required under subsection (b)(2)(B) with respect to such payments.
								The
				written statement required under the preceding sentence shall be furnished on
				or before January 31 of the year following the calendar year for which the
				return under subsection (a) is required to be made.(e)Returns which
				would be required To be made by 2 or more personsExcept to the
				extent provided in regulations prescribed by the Secretary, in the case of any
				amount received by any person on behalf of another person, only the person
				first receiving such amount shall be required to make the return under
				subsection
				(a).
							.
				(2)Assessable
			 penalties
					(A)Subparagraph (B)
			 of section 6724(d)(1) of such Code (relating to definitions) is amended by
			 redesignating clauses (xv) through (xx) as clauses (xvi) through (xxii),
			 respectively, and by inserting after clause (xiv) the following new
			 clause:

							(xv)section 6050W
				(relating to returns relating to payments for qualified health
				insurance),
							.
					(B)Paragraph (2) of
			 section 6724(d) of such Code is amended by striking or at the
			 end of the next to last subparagraph, by striking the period at the end of the
			 last subparagraph and inserting , or, and by adding at the end
			 the following new subparagraph:

							(DD)section 6050W(d) (relating to
				returns relating to payments for qualified health
				insurance).
							.
					(3)Clerical
			 amendmentThe table of sections for subpart B of part III of
			 subchapter A of chapter 61 of such Code is amended by inserting after the item
			 relating to section 6050V the following new item:

							Sec. 6050W. Returns relating to payments for qualified health
				insurance.

						.
				(c)Conforming
			 amendments
				(1)Paragraph (2) of
			 section 1324(b) of title 31, United States Code, is amended by inserting before
			 the period , or from section 36 of such Code.
				(2)The table of
			 sections for subpart C of part IV of subchapter A of chapter 1 of such Code is
			 amended by redesignating the item relating to section 36 as an item relating to
			 section 37 and by inserting after section 35 the following new item:

							Sec. 36. Health insurance
				costs.

						.
				(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2008.
			3.Advance payment of
			 credit for purchasers of qualified health insurance
			(a)In
			 generalChapter 77 of the Internal Revenue Code of 1986 (relating
			 to miscellaneous provisions) is amended by adding at the end the following new
			 section:

					7529.Advance
				payment of health insurance credit for purchasers of qualified health
				insurance
						(a)General
				ruleIn the case of an eligible individual, the Secretary shall
				make payments to the provider of such individual’s qualified health insurance
				equal to such individual’s qualified health insurance credit advance amount
				with respect to such provider.
						(b)Eligible
				individualFor purposes of this section, the term eligible
				individual means any individual—
							(1)who purchases
				qualified health insurance (as defined in section 36(d)), and
							(2)for whom a
				qualified health insurance credit eligibility certificate is in effect.
							(c)Qualified health
				insurance credit eligibility certificateFor purposes of this
				section, a qualified health insurance credit eligibility certificate is a
				statement furnished by an individual to the Secretary which—
							(1)certifies that the
				individual will be eligible to receive the credit provided by section 36 for
				the taxable year,
							(2)estimates the
				amount of such credit for such taxable year, and
							(3)provides such
				other information as the Secretary may require for purposes of this
				section.
							(d)Qualified health
				insurance credit advance amountFor purposes of this section, the
				term qualified health insurance credit advance amount means, with
				respect to any provider of qualified health insurance, the Secretary’s estimate
				of the amount of credit allowable under section 36 to the individual for the
				taxable year which is attributable to the insurance provided to the individual
				by such provider.
						(e)RegulationsThe
				Secretary shall prescribe such regulations as may be necessary to carry out the
				purposes of this
				section.
						.
			(b)Clerical
			 amendmentThe table of sections for chapter 77 of such Code is
			 amended by adding at the end the following new item:

						Sec. 7529. Advance payment of health insurance credit for
				purchasers of qualified health
				insurance.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 year beginning after the date of the enactment of this Act.


116 HR 5630 IH: Documents for Continued Safety Act of 2020
U.S. House of Representatives
2020-01-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 5630IN THE HOUSE OF REPRESENTATIVESJanuary 16, 2020Mr. Crist (for himself and Miss González-Colón of Puerto Rico) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo provide that the Social Security Administration pay fees associated with obtaining birth
			 certificate or State identification card for purposes of obtaining a
			 replacement social security card for certain victims of domestic violence,
			 and for other purposes.

 1.Short titleThis Act may be cited as the Documents for Continued Safety Act of 2020. 2.Responsibility of Social Security Administration to pay fees associated with obtaining birth certificate or State identification card for purposes of obtaining a replacement social security card for certain victims of domestic violence (a)In generalSection 205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is amended—
 (1)by inserting (i) before The Commissioner; and (2)by adding after and below the end the following new clause:

						(ii)
 (I)In the case of a person described in subclause (II) who has submitted to the Commissioner an application to replace a social security card issued to the person, the Commissioner shall pay any fees charged by any governmental authority for furnishing the person with any of the following documents required to be submitted as part of the application:
 (aa)A birth certificate of the person. (bb)An identification card issued to the person by a State, that shows that the person is a resident of the State.
 (II)A person described in this subclause is a person who— (aa)is verified by the staff of a shelter (as defined in section 302(9) of the Family Violence Prevention and Services Act) to be a resident of the shelter and is a victim of domestic violence (as defined in section 302(3) of such Act) or is a dependent of such a resident; or
 (bb)is verified by the staff of an organization providing supportive services (as defined in section 302(12) of such Act) to be a recipient of such services or is a dependent of such a person.
 (III)A provision by a person described in subclause (I) of authorization to release information about the person, and the provision of information pursuant to the authorization, shall not be construed to be a waiver of any privilege of the person, under Federal or State law, relating to the confidentiality of communications between a domestic violence victim and an advocate of such a victim..
 (b)Effective dateThe amendments made by subsection (a) shall apply to applications submitted after the 90-day period that begins with the date of the enactment of this Act.


		I
		111th CONGRESS
		1st Session
		H. R. 3694
		IN THE HOUSE OF REPRESENTATIVES

			October 1, 2009
			Mr. Broun of Georgia
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish judicial procedures for causes and claims
		  relating to any action or decision by a Federal official regarding the leasing
		  of Federal lands (including submerged lands) for the exploration, development,
		  production, processing, or transmission of oil, natural gas, or any other
		  source or form of energy, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Removing Excess Litigation Involving
			 Energy on Federal Lands Act or the RELIEF Act.
		2.FindingsCongress finds that—
			(1)the United States
			 spends over $1 billion per day to import crude oil from foreign
			 countries;
			(2)such expenditure
			 represents the largest wealth transfer in history;
			(3)the United States has at least 86 billion
			 barrels of oil and 420 trillion cubic feet of natural gas in the outer
			 Continental Shelf;
			(4)environmental
			 groups have legally challenged every lease in the Alaskan Outer Continental
			 Shelf in the Chukchi and Beaufort Seas;
			(5)environmental
			 groups have legally challenged the entire 2007–2012 5-year national outer
			 Continental Shelf leasing program;
			(6)such legal
			 challenges significantly delay or ultimately prevent energy resources from
			 reaching the American public;
			(7)these legal
			 challenges come at a high cost to the American public and the American economy;
			 and
			(8)Congress finds
			 that expedited judicial review is necessary to prevent this gross abuse of the
			 United States judicial system.
			3.Exclusive
			 jurisdiction over causes and claims relating to covered energy
			 projectsNotwithstanding any
			 other provision of law, the United States District Court for the District of
			 Columbia shall have exclusive jurisdiction to hear all causes and claims under
			 this Act or any other Act that arise from any covered energy project.
		4.Time for filing
			 complaintAll causes and
			 claims referred to in section 3 must be filed not later than the end of the
			 60-day period beginning on the date of the action or decision by a Federal
			 official that constitutes the covered energy project concerned. Any cause or
			 claim not filed within that time period shall be barred.
		5.District court
			 for the District of Columbia deadline
			(a)In
			 generalAll proceedings that are subject to section 3—
				(1)shall be resolved
			 as expeditiously as possible, and in any event not more than 180 days after
			 such cause or claim is filed; and
				(2)shall take
			 precedence over all other pending matters before the district court.
				(b)Failure To
			 comply with deadlineIf an interlocutory or final judgment,
			 decree, or order has not been issued by the district court by the deadline
			 described under this section, the cause or claim shall be dismissed with
			 prejudice and all rights relating to such cause or claim shall be
			 terminated.
			6.Ability to seek
			 appellate reviewAn
			 interlocutory or final judgment, decree, or order of the district court may be
			 reviewed by no other court except the Supreme Court.
		7.Deadline for
			 appeal to the Supreme CourtIf
			 a writ of certiorari has been granted by the Supreme Court pursuant to section
			 6, then—
			(1)the interlocutory
			 or final judgment, decree, or order of the district court shall be resolved as
			 expeditiously as possible and in any event not more than 180 days after such
			 interlocutory or final judgment, decree, order of the district court is issued;
			 and
			(2)all such
			 proceedings shall take precedence over all other matters then before the
			 Supreme Court.
			8.Limitation on
			 scope of review and relief
			(a)Administrative
			 Findings and ConclusionsIn any judicial review of any Federal
			 action under this Act, any administrative findings and conclusions relating to
			 the challenged Federal action shall be presumed to be correct unless shown
			 otherwise by clear and convincing evidence contained in the administrative
			 record.
			(b)Limitation on
			 Prospective ReliefIn any
			 judicial review of any action, or failure to act, under this Act, the Court
			 shall not grant or approve any prospective relief unless the Court finds that
			 such relief is narrowly drawn, extends no further than necessary to correct the
			 violation of a Federal law requirement, and is the least intrusive means
			 necessary to correct the violation concerned.
			9.Legal
			 feesAny person filing a
			 petition seeking judicial review of any action, or failure to act, under this
			 Act who is not a prevailing party shall pay to the prevailing parties
			 (including intervening parties), other than the United States, fees and other
			 expenses incurred by that party in connection with the judicial review, unless
			 the Court finds that the position of the person was substantially justified or
			 that special circumstances make an award unjust.
		10.ExclusionThis Act shall not apply with respect to
			 disputes between the parties to a lease issued pursuant to an authorizing
			 leasing statute regarding the obligations of such lease or the alleged breach
			 thereof.
		11.Covered energy
			 project definedIn this Act,
			 the term covered energy project means any action or decision by a
			 Federal official regarding—
			(1)the leasing of
			 Federal lands (including submerged lands) for the exploration, development,
			 production, processing, or transmission of oil, natural gas, or any other
			 source or form of energy, including actions and decisions regarding the
			 selection or offering of Federal lands for such leasing; or
			(2)any action under
			 such a lease.


110 HR 5185 IH: To extend the temporary suspension of duty on

U.S. House of Representatives
2008-01-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5185
		IN THE HOUSE OF REPRESENTATIVES

			January 29, 2008
			Mrs. Maloney of New
			 York introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on
		  polytetramethylene ether glycol.

		1.Polytetramethylene ether
			 glycol
			(a)In
			 generalHeading 9902.02.98 of
			 the Harmonized Tariff Schedule of the United States (relating to
			 polytetramethylene ether glycol) is amended by striking
			 12/31/2009 and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


110 HR 1667 IH: Vote by Mail Act of 2007
U.S. House of Representatives
2007-03-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
1st Session
H. R. 1667
IN THE HOUSE OF REPRESENTATIVES

March 23, 2007
Mrs. Davis of California introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To establish a Vote by Mail grant program.

1.Short titleThis Act may be cited as the Vote by Mail Act of 2007.
2.FindingsCongress makes the following findings:
(1)The Supreme Court declared in Reynolds v. Sims that [i]t has been repeatedly recognized that all qualified voters have a constitutionally protected right to vote . . . and to have their votes counted..
(2)In the 2000 and 2004 presidential elections, voting technology failures and procedural irregularities deprived some Americans of their fundamental right to vote.
(3)In 2000, faulty punch card ballots and other equipment failures prevented accurate vote counts nationwide. A report by the Caltech/MIT Voting Technology Project estimates that approximately 1,500,000 votes for president were intended to be cast but not counted in the 2000 election because of equipment failures.
(4)In 2004, software errors, malfunctioning electronic voting systems, and long lines at the polls prevented accurate vote counts and prevented some people from voting. For instance, voters at Kenyon College in Gambier, Ohio waited in line for up to 12 hours because there were only 2 machines available for 1,300 voters.
(5)In 2006, election day problems plagued voters in a number of States as well. For instance, in Denver, Colorado, hundreds of voters were turned away when the database of registered voters crashed. In Allegheny County, Pennsylvania, malfunctioning machines and an inadequate number of provisional ballots generated long lines, causing many voters to leave without casting a vote.
(6)Under the Oregon Vote by Mail system, election officials mail ballots to all registered voters at least 2 weeks before election day. Voters mark their ballots, seal the ballots in both unmarked secrecy envelopes and signed return envelopes, and return the ballots by mail or to secure drop boxes. Once a ballot is received, election officials scan the bar code on the ballot envelope, which brings up the voter’s signature on a computer screen. The election official compares the signature on the screen and the signature on the ballot envelope. Only if the signature on the ballot envelope is determined to be authentic is the ballot forwarded on to be counted.
(7)Oregon’s Vote by Mail system has deterred voter fraud because the system includes numerous security measures such as the signature authentication system. Potential misconduct is also discouraged by the power of the State to punish those who engage in voter fraud with up to five years in prison, $100,000 in fines, and the loss of their vote.
(8)Oregon’s Vote by Mail system promotes uniformity and strict compliance with Federal and State voting laws because ballot processing is centralized in county clerk’s offices, rather than at numerous polling places.
(9)Vote by Mail is one factor making voter turnout in Oregon consistently higher than the average national voter turnout. For example, Oregon experienced a record voting-age-eligible population turnout of 70.6 percent in the 2004 presidential election, compared to 58.4 percent nationally. Oregon’s turnout of registered voters for that election was 86.48 percent.
(10)Women, younger voters, and homemakers also report that they vote more often using Vote by Mail.
(11)Vote by Mail reduces election costs by eliminating the need to transport equipment to polling stations and to hire and train poll workers. Oregon has reduced its election-related costs by 30 percent since implementing Vote by Mail.
(12)Vote by Mail allows voters to educate themselves because they receive ballots well before election day, which provides them with ample time to research issues, study ballots, and deliberate in a way that is not possible at a polling place.
(13)Vote by Mail is accurate—at least 2 studies comparing voting technologies show that absentee voting methods, including Vote by Mail systems, result in a more accurate vote count.
(14)Vote by Mail results in more up-to-date voter rolls, since election officials use forwarding information from the post office to update voter registration.
(15)Vote by Mail allows voters to visually verify that their votes were cast correctly and produces a paper trail for recounts.
(16)In a survey taken 5 years after Oregon implemented the Vote by Mail system, more than 8 in 10 Oregon voters said they preferred voting by mail to traditional voting.
3.DefinitionsIn this Act:
(1)ElectionThe term election means any general, special, primary, or runoff election.
(2)Participating StateThe term participating State means a State receiving a grant under the Vote by Mail grant program under section 4.
(3)Residual vote rateThe term residual vote rate means the sum of all votes that cannot be counted in an election (overvotes, undervotes, and otherwise spoiled ballots) divided by the total number of votes cast.
(4)StateThe term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.
(5)Voting systemThe term voting system has the meaning given such term under section 301(b) of the Help America Vote Act of 2002 (42 U.S.C. 15481(b)).
4.Vote by mail grant program
(a)EstablishmentNot later than 270 days after the date of enactment of this Act, the Election Assistance Commission shall establish a Vote by Mail grant program (in this section referred to as the program).
(b)PurposeThe purpose of the program is to make implementation grants to participating States solely for the implementation of procedures for the conduct of all elections by mail at the State or local government level.
(c)Limitation on use of fundsIn no case may grants made under this section be used to reimburse a State for costs incurred in implementing mail-in voting for elections at the State or local government level if such costs were incurred prior to the date of enactment of this Act.
(d)ApplicationA State seeking to participate in the program under this section shall submit an application to the Election Assistance Commission containing such information, and at such time, as the Election Assistance Commission may specify.
(e)Amount and awarding of implementation grants; duration of program
(1)Amount of implementation grants
(A)In generalSubject to subparagraph (B), the amount of an implementation grant made to a participating State shall be, in the case of a State that certifies that it will implement all elections by mail in accordance with the requirements of subsection (f), with respect to—
(i)the entire State, $2,000,000; or
(ii)any single unit or multiple units of local government within the State, $1,000,000.
(B)Excess funds
(i)In generalTo the extent that there are excess funds in either of the first 2 years of the program, such funds may be used to award implementation grants to participating States in subsequent years.
(ii)Excess funds definedFor purposes of clause (i), the term excess funds means any amounts appropriated pursuant to the authorization under subsection (h)(1) with respect to a fiscal year that are not awarded to a participating State under an implementation grant during such fiscal year.
(C)Continuing availability of funds after appropriationAn implementation grant made to a participating State under this section shall be available to the State without fiscal year limitation.
(2)Awarding of implementation grants
(A)In generalThe Election Assistance Commission shall award implementation grants during each year in which the program is conducted.
(B)One grant per stateThe Election Assistance Commission shall not award more than 1 implementation grant to any participating State under this section over the duration of the program.
(3)DurationThe program shall be conducted for a period of 3 years.
(f)Requirements
(1)Required proceduresA participating State shall establish and implement procedures for conducting all elections by mail in the area with respect to which it receives an implementation grant to conduct such elections, including the following:
(A)A process for recording electronically each voter’s registration information and signature.
(B)A process for mailing ballots to all eligible voters.
(C)The designation of places for the deposit of ballots cast in an election.
(D)A process for ensuring the secrecy and integrity of ballots cast in the election.
(E)Procedures and penalties for preventing election fraud and ballot tampering, including procedures for the verification of the signature of the voter accompanying the ballot through comparison of such signature with the signature of the voter maintained by the State in accordance with subparagraph (A).
(F)Procedures for verifying that a ballot has been received by the appropriate authority.
(G)Procedures for obtaining a replacement ballot in the case of a ballot which is destroyed, spoiled, lost, or not received by the voter.
(H)A plan for training election workers in signature verification techniques.
(I)Plans and procedures to ensure that voters who are blind, visually-impaired, or otherwise disabled have the opportunity to participate in elections conducted by mail and to ensure compliance with the Help America Vote Act of 2002. Such plans and procedures shall be developed in consultation with disabled and other civil rights organizations, voting rights groups, State election officials, voter protection groups, and other interested community organizations.
(J)Plans and procedures to ensure the translation of ballots and voting materials in accordance with section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa–1a)).
(g)Best practices, technical assistance, and reports
(1)In generalThe Election Assistance Commission shall—
(A)develop, periodically issue, and, as appropriate, update best practices for conducting elections by mail;
(B)provide technical assistance to participating States for the purpose of implementing procedures for conducting elections by mail; and
(C)submit to the appropriate committees of Congress—
(i)annual reports on the implementation of such procedures by participating States during each year in which the program is conducted; and
(ii)upon completion of the program conducted under this section, a final report on the program, together with recommendations for such legislation or administrative action as the Election Assistance Commission determines to be appropriate.
(2)ConsultationIn developing, issuing, and updating best practices, developing materials to provide technical assistance to participating States, and developing the annual and final reports under paragraph (1), the Election Assistance Commission shall consult with interested parties, including—
(A)State and local election officials;
(B)the United States Postal Service;
(C)the Postal Regulatory Commission established under section 501 of title 39, United States Code; and
(D)voting rights groups, voter protection groups, groups representing the disabled, and other civil rights or community organizations.
(h)Authorization of appropriations
(1)GrantsThere are authorized to be appropriated to award grants under this section, for each of fiscal years 2007 through 2009, $6,000,000, to remain available without fiscal year limitation until expended.
(2)AdministrationThere are authorized to be appropriated to administer the program under this section, $200,000 for the period of fiscal years 2007 through 2009, to remain available without fiscal year limitation until expended.
(i)Rule of constructionNothing in this Act may be construed to authorize or require conduct prohibited under any of the following laws, or to supersede, restrict, or limit the application of such laws:
(1)The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.).
(2)The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(3)The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.).
(4)The Uniformed and Overseas Citizens Absentee Voting Act(42 U.S.C. 1973ff et seq.).
(5)The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
(6)The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
(7)The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
5.Study on implementation of mail-in voting for elections
(a)Study
(1)In generalThe Comptroller General of the United States (in this section referred to as the Comptroller General) shall conduct a study evaluating the benefits of broader implementation of mail-in voting in elections, taking into consideration the annual reports submitted by the Election Assistance Commission under section 4(g)(1)(C)(i) before November 1, 2009.
(2)Specific issues studiedThe study conducted under paragraph (1) shall include a comparison of traditional voting methods and mail-in voting with respect to—
(A)the likelihood of voter fraud and misconduct;
(B)the accuracy of voter rolls;
(C)the accuracy of election results;
(D)voter participation in urban and rural communities and by minorities, language minorities (as defined in section 203 of the Voting Rights Act of 1965 (42 U.S.C. 1973aa–1a)), and individuals with disabilities and by individuals who are homeless or who frequently change their official residences;
(E)public confidence in the election system;
(F)the residual vote rate, including such rate based on voter age, education, income, race, or ethnicity or whether a voter lives in an urban or rural community, is disabled, or is a language minority (as so defined); and
(G)cost savings.
(3)ConsultationIn conducting the study under paragraph (1), the Comptroller General shall consult with interested parties, including—
(A)State and local election officials;
(B)the United States Postal Service;
(C)the Postal Regulatory Commission established under section 501 of title 39, United States Code; and
(D)voting rights groups, voter protection groups, groups representing the disabled, and other civil rights or community organizations.
(b)ReportNot later than November 1, 2009, the Comptroller General shall prepare and submit to the appropriate committees of Congress a report on the study conducted under subsection (a), together with such recommendations for legislation or administrative action as the Comptroller General determines to be appropriate.