116 S1200 IS: Secure And Fair Enforcement Banking Act of 2019
U.S. Senate
2019-04-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1200IN THE SENATE OF THE UNITED STATESApril 11, 2019Mr. Merkley (for himself, Mr. Gardner, Ms. Rosen, Ms. Murkowski, Mr. Bennet, Mr. Sullivan, Ms. Harris, Mr. Paul, Ms. Cortez Masto, Ms. Duckworth, Mr. Peters, Mr. Menendez, Mr. King, Mr. Sanders, Mrs. Murray, Mr. Markey, Mr. Leahy, Mr. Schatz, Mr. Wyden, Ms. Warren, Ms. Hirono, and Mr. Cramer) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo create protections for depository institutions that provide financial services to
			 cannabis-related legitimate businesses and service providers for such
			 businesses, and for other purposes.

		1.Short title; purpose
 (a)Short titleThis Act may be cited as the Secure And Fair Enforcement Banking Act of 2019 or the SAFE Banking Act of 2019. (b)PurposeThe purpose of this Act is to increase public safety by ensuring access to financial services to cannabis-related legitimate businesses and service providers and reducing the amount of cash at such businesses.
			2.Safe harbor for depository institutions
 (a)In generalA Federal banking regulator may not— (1)terminate or limit the deposit insurance or share insurance of a depository institution under the Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) or the Federal Credit Union Act (12 U.S.C. 1751 et seq.) or take any other adverse action against a depository institution under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818) solely because the depository institution provides or has provided financial services to a cannabis-related legitimate business or service provider;
 (2)prohibit, penalize, or otherwise discourage a depository institution from providing financial services to a cannabis-related legitimate business or service provider or to a State, political subdivision of a State, or Indian Tribe that exercises jurisdiction over cannabis-related legitimate businesses;
 (3)recommend, incentivize, or encourage a depository institution not to offer financial services to an account holder, or to downgrade or cancel the financial services offered to an account holder solely because—
 (A)the account holder is a cannabis-related legitimate business or service provider, or is an employee, owner, or operator of a cannabis-related legitimate business or service provider;
 (B)the account holder later becomes an employee, owner, or operator of a cannabis-related legitimate business or service provider; or
 (C)the depository institution was not aware that the account holder is an employee, owner, or operator of a cannabis-related legitimate business or service provider;
 (4)take any adverse or corrective supervisory action on a loan made to— (A)a cannabis-related legitimate business or service provider, solely because the business is a cannabis-related legitimate business or service provider;
 (B)an employee, owner, or operator of a cannabis-related legitimate business or service provider, solely because the employee, owner, or operator is employed by, owns, or operates a cannabis-related legitimate business or service provider, as applicable; or
 (C)an owner or operator of real estate or equipment that is leased to a cannabis-related legitimate business or service provider, solely because the owner or operator of the real estate or equipment leased the equipment or real estate to a cannabis-related legitimate business or service provider, as applicable; or
 (5)prohibit or penalize a depository institution (or entity performing a financial service for or in association with a depository institution) for, or otherwise discourage a depository institution (or entity performing a financial service for or in association with a depository institution) from, engaging in a financial service for a cannabis-related legitimate business or service provider.
 (b)Safe harbor applicable to de novo institutionsSubsection (a) shall apply to an institution applying for a depository institution charter to the same extent as such subsection applies to a depository institution.
 3.Protections for ancillary businessesFor purposes of sections 1956 and 1957 of title 18, United States Code, and all other provisions of Federal law, the proceeds from a transaction conducted by a cannabis-related legitimate business or service provider shall not be considered as proceeds from an unlawful activity solely because the transaction was conducted by a cannabis-related legitimate business or service provider, as applicable.
		4.Protections under Federal law
 (a)In generalWith respect to providing a financial service to a cannabis-related legitimate business or service provider within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable, a depository institution, entity performing a financial service for or in association with a depository institution, or insurer that provides a financial service to a cannabis-related legitimate business or service provider, and the officers, directors, and employees of that depository institution, entity, or insurer may not be held liable pursuant to any Federal law or regulation—
 (1)solely for providing such a financial service; or (2)for further investing any income derived from such a financial service.
 (b)Protections for Federal reserve banksWith respect to providing a service to a depository institution that provides a financial service to a cannabis-related legitimate business or service provider (where such financial service is provided within a State, political subdivision of a State, or Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis pursuant to a law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country, as applicable), a Federal reserve bank, and the officers, directors, and employees of the Federal reserve bank, may not be held liable pursuant to any Federal law or regulation—
 (1)solely for providing such a service; or (2)for further investing any income derived from such a service.
				(c)Forfeiture
 (1)Depository institutionsA depository institution that has a legal interest in the collateral for a loan or another financial service provided to an owner, employee, or operator of a cannabis-related legitimate business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to a cannabis-related legitimate business or service provider, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service.
 (2)Federal reserve banksA Federal reserve bank that has a legal interest in the collateral for a loan or another financial service provided to an owner, employee, or operator of a depository institution that provides a financial services to a cannabis-related legitimate business or service provider, or to an owner or operator of real estate or equipment that is leased or sold to such a depository institution, shall not be subject to criminal, civil, or administrative forfeiture of that legal interest pursuant to any Federal law for providing such loan or other financial service.
 5.Rule of constructionNothing in this Act shall require a depository institution, entity performing a financial service for or in association with a depository institution, or insurer to provide financial services to a cannabis-related legitimate business or service provider.
 6.Requirements for filing suspicious activity reportsSection 5318(g) of title 31, United States Code, is amended by adding at the end the following:  (5)Requirements for cannabis-related legitimate businesses (A)In generalWith respect to a financial institution or any director, officer, employee, or agent of a financial institution that reports a suspicious transaction pursuant to this subsection, if the reason for the report relates to a cannabis-related legitimate business or service provider, the report shall comply with appropriate guidance issued by the Financial Crimes Enforcement Network. The Secretary shall ensure that the guidance is consistent with the purpose and intent of the SAFE Banking Act of 2019 and does not significantly inhibit the provision of financial services to a cannabis-related legitimate business or service provider in a State, political subdivision of a State, or Indian country that has allowed the cultivation, production, manufacture, transportation, display, dispensing, distribution, sale, or purchase of cannabis pursuant to law or regulation of such State, political subdivision, or Indian Tribe that has jurisdiction over the Indian country.
 (B)DefinitionsFor purposes of this paragraph: (i)CannabisThe term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802).
 (ii)Cannabis-related legitimate businessThe term cannabis-related legitimate business has the meaning given that term in section 11 of the SAFE Banking Act of 2019. (iii)Indian countryThe term Indian country has the meaning given that term in section 1151 of title 18.
 (iv)Indian TribeThe term Indian Tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
 (v)Financial serviceThe term financial service has the meaning given that term in section 11 of the SAFE Banking Act of 2019. (vi)Service providerThe term service provider has the meaning given that term in section 11 of the SAFE Banking Act of 2019.
 (vii)StateThe term State means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States..
 7.Guidance and examination proceduresNot later than 180 days after the date of enactment of this Act, the Financial Institutions Examination Council shall develop uniform guidance and examination procedures for depository institutions that provide financial services to cannabis-related legitimate businesses and service providers.
 8.Annual diversity and inclusion reportThe Federal banking regulators shall issue an annual report to Congress containing— (1)information and data on the availability of access to financial services for minority-owned and women-owned cannabis-related legitimate businesses; and
 (2)any regulatory or legislative recommendations for expanding access to financial services for minority-owned and women-owned cannabis-related legitimate businesses.
			9.GAO study on diversity and inclusion
 (a)StudyThe Comptroller General of the United States shall carry out a study on the barriers to marketplace entry, including in the licensing process, and the access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.
 (b)ReportThe Comptroller General shall issue a report to the Congress— (1)containing all findings and determinations made in carrying out the study required under subsection (a); and
 (2)containing any regulatory or legislative recommendations for removing barriers to marketplace entry, including in the licensing process, and expanding access to financial services for potential and existing minority-owned and women-owned cannabis-related legitimate businesses.
 10.GAO study on effectiveness of certain reports on finding certain personsNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall carry out a study on the effectiveness of reports on suspicious transactions filed pursuant to section 5318(g) of title 31, United States Code, at finding individuals or organizations suspected or known to be engaged with transnational criminal organizations and whether any such engagement exists in a State, political subdivision, or Indian Tribe that has jurisdiction over Indian country that allows the cultivation, production, manufacture, sale, transportation, display, dispensing, distribution, or purchase of cannabis. The study shall examine reports on suspicious transactions as follows:
 (1)During the period of 2014 until the date of the enactment of this Act, reports relating to marijuana-related businesses.
 (2)During the 1-year period after date of the enactment of this Act, reports relating to cannabis-related legitimate businesses.
 11.DefinitionsIn this Act: (1)Business of insuranceThe term business of insurance has the meaning given such term in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481).
 (2)CannabisThe term cannabis has the meaning given the term marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802). (3)Cannabis productThe term cannabis product means any article which contains cannabis, including an article which is a concentrate, an edible, a tincture, a cannabis-infused product, or a topical.
 (4)Cannabis-related legitimate businessThe term cannabis-related legitimate business means a manufacturer, producer, or any person or company that— (A)engages in any activity described in subparagraph (B) pursuant to a law established by a State or a political subdivision of a State, as determined by such State or political subdivision; and
 (B)participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products.
 (5)Depository institutionThe term depository institution means— (A)a depository institution as defined in section 3(c) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c));
 (B)a Federal credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752); or
 (C)a State credit union as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752). (6)Federal banking regulatorThe term Federal banking regulator means each of the Board of Governors of the Federal Reserve System, the Bureau of Consumer Financial Protection, the Federal Deposit Insurance Corporation, the Financial Crimes Enforcement Network, the Office of Foreign Asset Control, the Office of the Comptroller of the Currency, the National Credit Union Administration, the Department of the Treasury, or any Federal agency or department that regulates banking or financial services, as determined by the Secretary of the Treasury.
 (7)Financial serviceThe term financial service— (A)means a financial product or service, as defined in section 1002 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5481);
 (B)includes the business of insurance; (C)includes, whether performed directly or indirectly, the authorizing, processing, clearing, settling, billing, transferring for deposit, transmitting, delivering, instructing to be delivered, reconciling, collecting, or otherwise effectuating or facilitating of payments or funds, where such payments or funds are made or transferred by any means, including by the use of credit cards, debit cards, other payment cards, or other access devices, accounts, original or substitute checks, or electronic funds transfers;
 (D)includes acting as a money transmitting business which directly or indirectly makes use of a depository institution in connection with effectuating or facilitating a payment for a cannabis-related legitimate business or service provider in compliance with section 5330 of title 31, United States Code, and any applicable State law; and
 (E)includes acting as an armored car service for processing and depositing with a depository institution or the Board of Governors of the Federal Reserve System with respect to any monetary instruments (as defined under section 1956(c)(5) of title 18, United States Code).
 (8)Indian countryThe term Indian country has the meaning given that term in section 1151 of title 18. (9)Indian TribeThe term Indian Tribe has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a).
 (10)InsurerThe term insurer has the meaning given that term under section 313(r) of title 31, United States Code. (11)ManufacturerThe term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages cannabis or cannabis products.
 (12)ProducerThe term producer means a person who plants, cultivates, harvests, or in any way facilitates the natural growth of cannabis.
 (13)Service providerThe term service provider— (A)means a business, organization, or other person that—
 (i)sells goods or services to a cannabis-related legitimate business; or (ii)provides any business services, including the sale or lease of real or any other property, legal or other licensed services, or any other ancillary service, relating to cannabis; and
 (B)does not include a business, organization, or other person that participates in any business or organized activity that involves handling cannabis or cannabis products, including cultivating, producing, manufacturing, selling, transporting, displaying, dispensing, distributing, or purchasing cannabis or cannabis products.
 (14)StateThe term State means each of the several States, the District of Columbia, Puerto Rico, and any territory or possession of the United States.


117 HR 1415 IH: Tribal Coastal Resiliency Act
U.S. House of Representatives
2021-02-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1415IN THE HOUSE OF REPRESENTATIVESFebruary 26, 2021Mr. Kilmer (for himself, Mr. Young, Mr. Larsen of Washington, Ms. DelBene, Mr. Huffman, Ms. Strickland, Ms. Schrier, Ms. Pingree, and Ms. Moore of Wisconsin) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo amend the Coastal Zone Management Act of 1972 to authorize grants to Indian Tribes to further achievement of Tribal coastal zone objectives, and for other purposes.
1.Short titleThis Act may be cited as the Tribal Coastal Resiliency Act. 2.Grants to further achievement of Tribal coastal zone objectives (a)Grants authorizedThe Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) is amended by adding at the end the following:

320.Grants to further achievement of Tribal coastal zone objectives
(a)Grants authorizedThe Secretary may award competitive grants to Indian Tribes to further achievement of the objectives of such a Tribe for its Tribal coastal zone. (b)Cost share (1)In generalThe Federal share of the cost of any activity carried out with a grant under this section shall be—
(A)in the case of a grant of less than $200,000, 100 percent of such cost; and (B)in the case of a grant of $200,000 or more, 95 percent of such cost, except as provided in paragraph (2).
(2)WaiverThe Secretary may waive the application of paragraph (1)(B) with respect to a grant to an Indian Tribe, or otherwise reduce the portion of the share of the cost of an activity required to be paid by an Indian Tribe under such paragraph, if the Secretary determines that the Tribe does not have sufficient funds to pay such portion. (c)CompatibilityThe Secretary may not award a grant under this section unless the Secretary determines that the activities to be carried out with the grant are compatible with this title and that the grantee has consulted with the affected coastal state regarding the grant objectives and purposes.
(d)Authorized objectives and purposesAmounts awarded as a grant under this section shall be used for one or more of the objectives and purposes authorized under subsections (b) and (c), respectively, of section 306A. (e)FundingOf amounts appropriated to carry out this Act, $5,000,000 is authorized to carry out this section for each fiscal year.
(f)DefinitionsIn this section: (1)Indian landThe term Indian land has the meaning that term has under section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501).
(2) Indian TribeThe term Indian Tribe means an Indian tribe, as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (3)Tribal coastal zoneThe term Tribal coastal zone means any Indian land of an Indian Tribe that is within the coastal zone.
(4)Tribal coastal zone objectiveThe term Tribal coastal zone objective means, with respect to an Indian Tribe, any of the following objectives: (A)Protection, restoration, or preservation of areas in the Tribal coastal zone of such Tribe that hold—
(i)important ecological, cultural, or sacred significance for such Tribe; or (ii)traditional, historic, and esthetic values essential to such Tribe.
(B)Preparing and implementing a special area management plan and technical planning for important coastal areas. (C)Any coastal or shoreline stabilization measure, including any mitigation measure, for the purpose of public safety, public access, or cultural or historical preservation..
(b)GuidanceNot later than 180 days after the date of the enactment of this Act, the Secretary of Commerce shall issue guidance for the program established under the amendment made by subsection (a), including the criteria for awarding grants under such program based on consultation with Indian Tribes (as that term is defined in that amendment). (c)Use of State grants To fulfill Tribal objectivesSection 306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended by striking and after the semicolon at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ; and, and by adding at the end the following:

(F)fulfilling any Tribal coastal zone objective (as that term is defined in section 320).. (d)Other programs not affectedNothing in this section shall be construed to affect the ability of an Indian Tribe to apply for, receive assistance under, or participate in any program authorized by the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or other related Federal laws.


I
111th CONGRESS 1st Session
H. R. 2483
IN THE HOUSE OF REPRESENTATIVES

May 19, 2009
Mr. Sherman (for himself, Mr. Gary G. Miller of California, Mr. Frank of Massachusetts, Mr. Grayson, Mrs. Halvorson, Ms. Harman, Ms. Speier, Mrs. Capps, Mr. Culberson, Mr. Rohrabacher, Mr. Cummings, Mr. Schiff, Mr. McNerney, Mr. Abercrombie, Mr. George Miller of California, Mr. Cardoza, Mrs. Tauscher, Mr. Filner, Mr. Bilbray, Mr. Honda, Mr. Berman, Mrs. Bono Mack, Mrs. Maloney, Mr. Campbell, Mr. Ackerman, Mr. Gallegly, Mr. Dreier, Mr. Farr, Mr. Bishop of New York, Ms. Waters, Ms. Eshoo, and Mr. Hall of New York) introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To permanently increase the conforming loan limits for the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association and the FHA maximum mortgage amount limitations.

1.Short titleThis Act may be cited as the Increasing Homeownership Opportunities Act.
2.Permanent conforming loan limit increase for Freddie Mac and Fannie Mae
(a)Freddie Mac
(1)Conforming loan limit increaseParagraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) is amended—
(A)by inserting (A) after (2);
(B)in the first sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively;
(C)in the second sentence, by striking clause (A) and inserting clause (i);
(D)in the sixth sentence by striking January 1 of each year beginning after the effective date of the Federal Housing Finance Regulatory Reform Act of 2008 and inserting January 1, 2010, and January 1 of each year thereafter; and
(E)in the last sentence—
(i)by striking 115 percent each place it appears and inserting 125 percent; and
(ii)by striking 150 percent and inserting 175 percent.
(2)Discretionary authorityParagraph (2) of section 305(a) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraphs:

(B)Notwithstanding subparagraph (A) and subject to subparagraph (C), the Director of the Federal Housing Finance Agency may—
(i)increase the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Corporation that is otherwise in effect pursuant to the sixth sentence of subparagraph (A) with respect to any particular size or sizes of residences located in any particular area or areas by not more than $100,000; or
(ii)increase, for any geographic area that is smaller than an area for which a dollar amount limitation on the principal obligation of a mortgage is established pursuant to this paragraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph.
(C)The Director of the Federal Housing Finance Agency may increase the limitation on the maximum original principal obligation of a mortgage for any area or sub-area pursuant to subparagraph (B) only if the Director makes a determination that—
(i)such increase is warranted by higher median home prices in such area or sub-area; and
(ii)such increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of such increased limit.
(D)Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the Corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area. In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price. .
(b)Fannie Mae
(1)Conforming loan limit increaseParagraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)) is amended—
(A)by inserting (A) after (2);
(B)in the second sentence, by redesignating clauses (A) through (C) as clauses (i) through (iii), respectively;
(C)in the third sentence, by striking clause (A) and inserting clause (i);
(D)in the seventh sentence by striking January 1 of each year beginning after the effective date of the Federal Housing Finance Regulatory Reform Act of 2008 and inserting January 1, 2010, and January 1 of each year thereafter; and
(E)in the last sentence—
(i)by striking 115 percent each place it appears and inserting 125 percent; and
(ii)by striking 150 percent and inserting 175 percent.
(2)Discretionary authorityParagraph (2) of section 302(b) of the Federal National Mortgage Association Charter Act (12 U.S.C. 1717(b)(2)), as amended by paragraph (1), is further amended by adding at the end the following new subparagraphs:

(B)Notwithstanding subparagraph (A) and subject to subparagraph (C), the Director of the Federal Housing Finance Agency may—
(i)increase the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation that is otherwise in effect pursuant to the seventh sentence of subparagraph (A) with respect to any particular size or sizes of residences located in any particular area or areas by not more than $100,000; or
(ii)increase, for any geographic area that is smaller than an area for which a dollar amount limitation on the principal obligation of a mortgage is established pursuant to this paragraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph.
(C)The Director of the Federal Housing Finance Agency may increase the limitation on the maximum original principal obligation of a mortgage for any area or sub-area pursuant to subparagraph (B) only if the Director makes a determination that—
(i)such increase is warranted by higher median home prices in such area or sub-area; and
(ii)such increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of such increased limit.
(D)Notwithstanding the calculation of the limitation on the maximum original principal obligation of a mortgage that may be purchased by the corporation for an area pursuant to the last sentence of subparagraph (A), if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum original principal limitation for any size residence in any such area, the Director of the Federal Housing Finance Agency may prevent or limit a decrease in such limitation from taking place for any such area.  In taking such action, the Director shall consider such factors as market dislocations caused by a decrease in such limitation, the extent of the median home price decline, and the causes for such reduction in median home price. .
3.Permanent loan limit increase for FHA
(a)Loan limit increaseSubparagraph (A) of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A)) is amended—
(1)in clause (i) by striking 115 percent and inserting 125 percent; and
(2)in clause (ii) by striking 150 percent and inserting 175 percent.
(b)Discretionary authoritySubparagraph (A) of section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)(A) is amended by inserting after ; and at the end the following: except that, if the Secretary determines an increase is warranted by higher median home prices in an area or sub-area and such an increase will have a significant impact on the cost or availability of mortgages having principal obligation amounts in the range of an increased limit, the Secretary may increase the maximum dollar amount limitation that is otherwise in effect pursuant to the preceding provisions of this subparagraph with respect to any particular size or sizes of residences, or with respect to residences located in any particular area or areas, by not more than $100,000, or increase, for any geographic area that is smaller than an area for which a dollar amount limitation is determined pursuant to the preceding provisions of this subparagraph, the limitation otherwise in effect for such size or sizes of residences for such sub-area or sub-areas, but in no case to an amount that exceeds the maximum nationwide amount otherwise permitted under this subparagraph; and except that notwithstanding the calculation of the maximum dollar amount limitation for any area pursuant to clause (i) of this subparagraph, if any recalculation of the local median home price for any area would otherwise result in a decrease in the maximum dollar amount limitation for any size residence in any such area, the Secretary, considering such factors as market dislocations caused by a decrease in such dollar amount limitation, the extent of the median home price decline, and the causes for such reduction in median home price, may prevent or limit a decrease in such dollar amount limitation from taking place for any such area; and.
4.Existing loan limitsThis Act may not be construed to affect the loan limits for the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association in effect under section 1203 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) or the FHA mortgage amount limitations in effect under section 1202 of such Act.
5.Effective DateThe amendments made by this Act shall take effect January 1, 2010.


117 HR 4543 IH: Coordinating Assistance for TANF Recipients Act
U.S. House of Representatives
2021-07-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4543IN THE HOUSE OF REPRESENTATIVESJuly 19, 2021Mrs. Walorski introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo provide for the conduct of demonstration projects to provide coordinated case management services for TANF recipients.1.Short titleThis Act may be cited as the Coordinating Assistance for TANF Recipients Act.2.Coordinated case management demonstration projectsSection 403 of the Social Security Act (42 U.S.C. 603) is amended by adding at the end the following:(d)Coordinated case management demonstration projects(1)In generalThe Secretary shall make grants to States to conduct demonstration projects designed to implement and evaluate strategies to provide coordinated case management to help individuals receiving assistance under a State program funded under this part or any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i)) increase their employment and self-sufficiency.(2)Application requirementsThe Secretary shall require each State that applies for a grant under this paragraph to do the following:(A)Describe how, using the funds provided under this paragraph, the State or its designee will ensure an individual responsibility plan is developed in accordance with section 408(b) for each recipient referred to in paragraph (1) of this subsection.(B)Describe how the State or its designee will ensure the development of this plan is coordinated with other programs and agencies providing benefits and services to the individual to help the recipient increase the employment and self-sufficiency of the recipient.(C)Describe how the State or its designee will ensure the delivery of the benefits and services to the recipient (which may include the use of home visiting models).(D)Describe how the State or its designee will meet with the recipient at least monthly to review the employment status of the recipient and status of the participation of the recipient in other activities, the benefits and services the recipient is receiving, and the progress of the recipient toward meeting the goals specified in the individual responsibility plan of the recipient.(3)Use of fundsA State to which a grant is made under this subsection may use the grant for the following purposes:(A)To support coordinated case managers in completing the activities specified in paragraph (2).(B)To provide short-term transitional benefits and services to individuals who, due to increased employment or earnings, may face disincentives to increasing work or earnings due to the phase-out or loss of certain benefits.(C)To ensure that recipients of services under the demonstration project have a choice between two or more coordinated case management service providers (which may include managed care organizations) that demonstrate experience and expertise in case management, including the development of individual assessment plans and coordinated service management across various programs.(D)To improve coordination between programs serving recipients who are part of the demonstration project.(E)To improve coordination between information technology and other systems to deliver better benefits or services to the recipient, except that not more than 10 percent of the grant amount may be used for this purpose.(4)EvaluationThe Secretary, in consultation with each State conducting a demonstration project under this subsection, shall conduct a high-quality evaluation of the demonstration project in accordance with the following:(A)Evaluator qualificationsThe Secretary may not enter into a contract with an evaluator unless the evaluator has demonstrated experience in conducting rigorous evaluations of program effectiveness including, where available and appropriate, well-implemented randomized controlled trials.(B)Methodologies to be usedThe evaluation of a demonstration project shall use experimental designs using random assignment or other reliable, evidence-based research methodologies that allow for the strongest possible causal inferences when random assignment is not feasible.(C)Public disclosureThe Secretary shall publish the results of the evaluation on the website of the Department of Health and Human Services in a location easily accessible by the public.(D)Limitation on cost of evaluationsFor evaluations under this paragraph, the Secretary may not obligate more than 20 percent of the funds reserved under paragraph (6) for each fiscal year.(5)Recommendations to CongressThe Secretary shall submit recommendations to the Congress on ways to improve case management and better coordinate benefits and services across programs.(6)FundingOf the amounts made available to carry out subsection (b) for fiscal year 2023 and each succeeding fiscal year, the Secretary shall reserve $300,000,000 to carry out this subsection.(7)Availability of fundsFunds provided to a State under this subsection for a fiscal year shall be expended by the State in the fiscal year or in the succeeding fiscal year..3.Effective dateThe amendment made by this Act shall take effect on October 1, 2022.


116 HRES 1259 IH: Recognizing the 72d anniversary of the Universal Declaration of Human Rights and the celebration of “Human Rights Day”.
U.S. House of Representatives
2020-12-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS2d SessionH. RES. 1259IN THE HOUSE OF REPRESENTATIVESDecember 10, 2020Mr. Lowenthal (for himself, Mr. Pocan, Mr. McGovern, Mr. Grijalva, Ms. Lofgren, Mr. Espaillat, Mr. Green of Texas, Ms. Haaland, Mr. Raskin, Mr. Khanna, Mr. Connolly, Mr. Meeks, Ms. Eshoo, Ms. McCollum, Mrs. Torres of California, Mr. Cárdenas, Mr. Cicilline, Ms. Norton, Ms. Omar, Mr. Himes, Mr. Rush, Ms. Jayapal, Ms. Bonamici, Mrs. Demings, Ms. Kaptur, Mr. Castro of Texas, Ms. Meng, Mr. Foster, Mr. Case, Mr. Cooper, Mr. Sires, Ms. Lee of California, Mr. Smith of Washington, Mr. Danny K. Davis of Illinois, Ms. Brownley of California, Mr. Correa, Mr. Deutch, Mr. Johnson of Georgia, Mr. McNerney, Mr. Vargas, Mrs. Davis of California, Ms. Matsui, Mr. Higgins of New York, Mr. Bera, Mr. Huffman, Mr. Trone, Mrs. Dingell, Ms. Titus, Mr. Payne, Mr. Yarmuth, Mr. Sherman, Mr. Evans, and Mr. Costa) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONRecognizing the 72d anniversary of the Universal Declaration of Human Rights and the celebration of Human Rights Day.Whereas the Universal Declaration of Human Rights, adopted by the United Nations on December 10, 1948, represents the first comprehensive agreement among countries as to the specific rights and freedoms of all human beings;Whereas the Universal Declaration of Human Rights upholds the basic principles of liberty and freedom enshrined in the Constitution of the United States and the Bill of Rights;Whereas awareness of human rights—(1)is essential to the realization of fundamental freedoms;(2)promotes equality;(3)contributes to preventing conflict and human rights violations; and (4)enhances participation in democratic processes;Whereas Congress has a proud history of promoting human rights that are internationally recognized;Whereas the global COVID–19 pandemic has exacerbated ongoing human rights violations and created new ones;Whereas it is in the national interest of the United States to observe consistent and principled human rights policies in the face of growing illiberalism and authoritarianism around the world;Whereas the United States is dedicated to working with its allies and partners to confront these challenges and to bolster respect for human rights and fundamental freedoms as described in the Universal Declaration; andWhereas December 10 of each year is celebrated around the world as Human Rights Day: Now, therefore, be itThat the House of Representatives—(1)expresses support for the designation of Human Rights Day;(2)recognizes the 72d anniversary of the Universal Declaration of Human Rights;(3)reaffirms the Universal Declaration of Human Rights;(4)supports the right of human rights defenders all over the world to promote the fundamental freedoms enshrined in the Universal Declaration of Human Rights; and(5)encourages the people of the United States—(A)to observe Human Rights Day; and(B)to continue a commitment to upholding freedom, democracy, and human rights around the globe.


		II
		110th CONGRESS
		1st Session
		S. 1240
		IN THE SENATE OF THE UNITED STATES

			April 26, 2007
			Mrs. Clinton (for
			 herself, Mr. Menendez,
			 Mrs. Boxer, Ms.
			 Cantwell, Mr. Kerry,
			 Mrs. Murray, and
			 Mr. Lautenberg) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To provide for the provision by hospitals receiving
		  Federal funds through the Medicare program or Medicaid program of emergency
		  contraceptives to women who are survivors of sexual assault.

		1.Short
			 titleThis Act may be cited as
			 the Compassionate Assistance for Rape
			 Emergencies Act of 2007.
		2.FindingsThe Congress finds as follows:
			(1)It is estimated that 25,000 to 32,000 women
			 become pregnant each year as a result of rape or incest. Timely access to
			 emergency contraception could help many of these rape survivors avoid the
			 additional trauma of facing an unintended pregnancy.
			(2)A
			 1996 study of rape-related pregnancies (published in the American Journal of
			 Obstetrics and Gynecology) found that 50 percent of the pregnancies described
			 in paragraph (1) ended in abortion.
			(3)Surveys have shown
			 that many hospitals do not routinely provide emergency contraception to women
			 seeking treatment after being sexually assaulted.
			(4)The risk of
			 pregnancy after sexual assault has been estimated to be 4.7 percent in
			 survivors who were not protected by some form of contraception at the time of
			 the attack.
			(5)The Food and Drug
			 Administration has declared emergency contraception to be safe and effective in
			 preventing unintended pregnancy if taken in the first 72 hours of sex.
			(6)Medical research
			 strongly indicates that the sooner emergency contraception is administered, the
			 greater the likelihood of preventing unintended pregnancy.
			(7)In light of the
			 safety and effectiveness of emergency contraceptive pills, both the American
			 Medical Association and the American College of Obstetricians and Gynecologists
			 have endorsed more widespread availability of such pills to women of all
			 ages.
			(8)The American
			 College of Emergency Physicians and the American College of Obstetricians and
			 Gynecologists agree that offering emergency contraception to female patients
			 after a sexual assault should be considered the standard of care.
			(9)Approximately
			 one-third of women of reproductive age remain unaware of emergency
			 contraception. Therefore, women who have been sexually assaulted are unlikely
			 to ask for emergency contraception.
			(10)It is essential
			 that all hospitals that provide emergency medical treatment provide emergency
			 contraception as a treatment option to any woman who has been sexually
			 assaulted, so that she may prevent an unintended pregnancy.
			(11)Victims of sexual assault are at increased
			 risk of contracting sexually transmitted diseases.
			(12)Some sexually transmitted infections cannot
			 be reliably cured if treatment is delayed, and may result in high morbidity and
			 mortality. HIV has killed over 520,000 individuals in the United States, and
			 the Centers for Disease Control and Prevention currently estimates that over
			 1,000,000 individuals in the United States are infected with the virus. Even
			 modern drug treatment has failed to cure infected individuals. Nearly 60,000
			 individuals in the United States are infected with hepatitis B each year, with
			 some individuals unable to fully recover. An estimated 1,250,000 individuals in
			 the United States remain chronically infected with the hepatitis B virus and at
			 present, 1 in 4 of those infected individuals may expect to die of liver
			 failure.
			(13)It is possible to prevent some sexually
			 transmitted diseases by treating an exposed individual promptly. The use of
			 post-exposure prophylaxis using antiretroviral drugs has been demonstrated to
			 effectively prevent the establishment of HIV infection. Hepatitis B infection
			 may also be eliminated if an exposed individual receives prompt
			 treatment.
			(14)The Centers for Disease Control and
			 Prevention has recommended risk evaluation and appropriate application of
			 post-exposure treatment for victims of sexual assault. For such individuals,
			 immediate treatment is the only means to prevent a life-threatening
			 infection.
			(15)It is essential that all hospitals that
			 provide emergency medical treatment provide assessment and treatment of
			 sexually transmitted infections to minimize the harm to victims of sexual
			 assault.
			3.Survivors of
			 sexual assault; provision by hospitals of emergency contraceptives without
			 charge
			(a)In
			 GeneralFederal funds may not be provided to a hospital under
			 title XVIII of the Social Security Act or to a State, with respect to services
			 of a hospital, under title XIX of such Act, unless the hospital meets the
			 conditions specified in subsection (b) in the case of—
				(1)any woman who
			 arrives at the hospital and states that she is a victim of sexual assault, or
			 is accompanied by someone who states she is a victim of sexual assault;
			 and
				(2)any woman who
			 arrives at the hospital whom hospital personnel have reason to believe is a
			 victim of sexual assault.
				(b)Assistance for
			 VictimsThe conditions specified in this subsection regarding a
			 hospital and a woman described in subsection (a) are as follows:
				(1)The hospital
			 promptly provides the woman with medically and factually accurate and unbiased
			 written and oral information about emergency contraception, including
			 information explaining that—
					(A)emergency
			 contraception has been approved by the Food and Drug Administration as an
			 over-the-counter medication for women ages 18 and over and is a safe and
			 effective way to prevent pregnancy after unprotected intercourse or
			 contraceptive failure if taken in a timely manner;
					(B)emergency
			 contraception is more effective the sooner it is taken; and
					(C)emergency
			 contraception does not cause an abortion and cannot interrupt an established
			 pregnancy.
					(2)The hospital
			 promptly offers emergency contraception to the woman, and promptly provides
			 such contraception to her at the hospital on her request.
				(3)The information
			 provided pursuant to paragraph (1) is in clear and concise language, is readily
			 comprehensible, and meets such conditions regarding the provision of the
			 information in languages other than English as the Secretary may
			 establish.
				(4)The services
			 described in paragraphs (1) through (3) are not denied because of the inability
			 of the woman or her family to pay for the services.
				(c)DefinitionsFor
			 purposes of this section:
				(1)Emergency
			 contraceptionThe term emergency contraception means
			 a drug, drug regimen, or device that is—
					(A)approved by the
			 Food and Drug Administration to prevent pregnancy; and
					(B)is used
			 postcoitally.
					(2)HospitalThe
			 term hospital has the meaning given such term in section 1861(e)
			 of the Social Security Act (42 U.S.C. 1395x(e)), and includes critical access
			 hospitals, as defined in section 1861(mm)(1) of such Act (42 U.S.C.
			 1395x(mm)(1)).
				(3)SecretaryThe
			 term Secretary means the Secretary of Health and Human
			 Services.
				(4)Sexual
			 assault
					(A)In
			 generalThe term sexual
			 assault means a sexual act (as defined in subparagraphs (A) through (C)
			 of section 2246(2) of title 18, United States Code) where the victim involved
			 does not consent or lacks the capacity to consent.
					(B)Application of
			 provisionsThe definition in
			 subparagraph (A) shall apply to all individuals.
					(d)Effective Date;
			 Agency CriteriaThis section takes effect upon the expiration of
			 the 180-day period beginning on the date of the enactment of this Act. Not
			 later than 30 days prior to the expiration of such period, the Secretary shall
			 publish in the Federal Register criteria for carrying out this section.
			4.Prevention of
			 sexually transmitted disease
			(a)DefinitionsIn
			 this section:
				(1)HospitalThe
			 term hospital has the meaning given such term in section 1861(e)
			 of the Social Security Act (42 U.S.C. 1395x(e)), and includes critical access
			 hospitals, as defined in section 1861(mm)(1) of such Act (42 U.S.C.
			 1395x(mm)(1)).
				(2)Licensed
			 medical professionalThe term
			 licensed medical professional means a doctor of medicine, doctor
			 of osteopathy, registered nurse, physician assistant, or any other health care
			 professional determined to be appropriate by the Secretary.
				(3)SecretaryThe term Secretary means the
			 Secretary of Health and Human Services.
				(4)Sexual
			 assault
					(A)In
			 generalThe term sexual
			 assault means a sexual act (as defined in subparagraphs (A) through (C)
			 of section 2246(2) of title 18, United States Code) where the victim involved
			 does not consent or lacks the capacity to consent.
					(B)Application of
			 provisionsThe definition in
			 subparagraph (A) shall apply to all individuals.
					(b)General
			 requirementFederal funds may
			 not be provided to a hospital under title XVIII of the Social Security Act (42
			 U.S.C. 1395 et seq.) or to a State, with respect to services of a hospital,
			 under title XIX of such Act (42 U.S.C. 1396 et seq.), unless the hospital
			 provides risk assessment, counseling, and treatment as required under this
			 section to a survivor of sexual assault described in subsection (c).
			(c)Survivors of
			 sexual assaultAn individual
			 is a survivor of a sexual assault described in this subsection if the
			 individual—
				(1)arrives at the hospital and states that the
			 individual is a victim of sexual assault, or is accompanied to the hospital by
			 another individual who states that the first individual is a victim of sexual
			 assault; or
				(2)arrives at the hospital and hospital
			 personnel have reason to believe the individual is a victim of sexual
			 assault.
				(d)Requirement for
			 risk assessment, counseling, and treatmentThe following shall apply with respect to a
			 hospital described in subsection (b):
				(1)Risk
			 assessmentA hospital shall
			 promptly provide a survivor of a sexual assault with an assessment of the
			 individual’s risk of contracting sexually transmitted infections described in
			 paragraph (2)(A), which assessment shall be conducted by a licensed medical
			 professional and be based upon—
					(A)available information regarding the assault
			 as well as the subsequent findings from medical examination and any tests that
			 may be conducted; and
					(B)established standards of risk assessment,
			 which shall include consideration of any recommendations established by the
			 Centers for Disease Control and Prevention, and may also incorporate
			 consideration of findings of peer-reviewed clinical studies and appropriate
			 research utilizing in vitro and non-human primate models of infection.
					(2)CounselingA hospital shall provide a survivor of a
			 sexual assault with advice, provided by a licensed medical professional,
			 concerning—
					(A)significantly prevalent sexually
			 transmitted infections for which effective post-exposure prophylaxis exists,
			 and for which the deferral of treatment would either significantly reduce
			 treatment efficacy or pose substantial risk to the individual’s health;
			 and
					(B)the requirement that prophylactic treatment
			 for infections described in subparagraph (A) shall be provided to the
			 individual upon request, regardless of the ability of the individual or the
			 individual’s family to pay for such treatment.
					(3)TreatmentA hospital shall provide a survivor of a
			 sexual assault, upon request, with prophylactic treatment for infections
			 described in paragraph (2)(A).
				(4)LanguageAny information provided pursuant to this
			 subsection shall be in clear and concise language, be readily comprehensible,
			 and meet such conditions regarding the provision of the information in
			 languages other than English as the Secretary may establish.
				(5)Ability to
			 payThe services described in
			 paragraphs (1) through (3) shall not be denied because of the inability of the
			 individual involved or the individual’s family to pay for the services.
				(e)Rule of
			 constructionNothing in this
			 section shall be construed to—
				(1)require that a hospital provide
			 prophylactic treatment for a victim of sexual assault when risk assessment
			 (according to recommendations established by the Centers for Disease Control
			 and Prevention) clearly recommends against the application of post-exposure
			 prophylaxis;
				(2)prohibit a hospital from seeking
			 reimbursement for the cost of services provided under this section to the
			 extent that health insurance may provide reimbursement for such services;
			 and
				(3)establish a requirement that any victim of
			 sexual assault submit to diagnostic testing for the presence of any infectious
			 disease.
				(f)Effective Date;
			 Agency CriteriaThis section takes effect upon the expiration of
			 the 180-day period beginning on the date of the enactment of this Act. Not
			 later than 30 days prior to the expiration of such period, the Secretary shall
			 publish in the Federal Register criteria for carrying out this section.


		II
		111th CONGRESS
		1st Session
		S. 2094
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Ms. Klobuchar introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend and modify the suspension of duty on certain
		  catalytic converter mats of ceramic fibers.

		1.Certain catalytic converter
			 mats of ceramic fibers
			(a)In
			 generalHeading 9902.25.72 of the Harmonized Tariff Schedule of
			 the United States (relating to certain catalytic converter mats of ceramic
			 fibers) is amended—
				(1)by striking
			 1.5% and inserting Free; and
				(2)by striking
			 12/31/2009and inserting 12/31/2011.
				(b)Effective
			 dateThe amendments made by subsection (a) apply to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


109 HRES 494 : Providing for consideration of the bill (H.R. 554) to prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person’s weight gain, obesity, or any health condition associated with weight gain or obesity.
U.S. House of Representatives
2005-10-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. RES. 494
In the House of Representatives, U.S.,

October 18, 2005.

RESOLUTION
Providing for consideration of the bill (H.R. 554) to prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person’s weight gain, obesity, or any health condition associated with weight gain or obesity.

That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 554) to prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person’s weight gain, obesity, or any health condition associated with weight gain or obesity. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Jeff TrandahlClerk.


		II

		109th CONGRESS

		2d Session

		S. 2636

		IN THE SENATE OF THE UNITED STATES

			April 25, 2006

			Ms. Stabenow introduced

			 the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To provide an immediate Federal income tax rebate to help

		  taxpayers with higher fuel costs, and for other purposes.

		1.Short

			 titleThis Act may be cited as

			 the Oil Company Acountability

			 Act.

		2.Energy tax

			 rebate

			(a)In

			 generalSubchapter B of chapter 65 of the Internal Revenue Code

			 of 1986 (relating to rules of special application in the case of abatements,

			 credits, and refunds) is amended by adding at the end the following new

			 section:

					6430.Energy tax

				rebate

						(a)General

				ruleExcept as otherwise provided in this section, each

				individual shall be treated as having made a payment against the tax imposed by

				chapter 1 for the taxable year beginning in 2006 in an amount equal to

				$500.

						(b)Remittance of

				paymentThe Secretary shall remit to each taxpayer the payment

				described in subsection (a) not later than 30 days after the date of the

				enactment of this section.

						(c)Certain persons

				not eligibleThis section shall not apply to—

							(1)any individual

				who did not have any adjusted gross income for the preceding taxable year or

				whose adjusted gross income for such preceding taxable year exceeded

				$120,000,

							(2)any individual

				with respect to whom a deduction under section 151 is allowable to another

				taxpayer for the taxable year beginning in 2006,

							(3)any estate or

				trust, or

							(4)any nonresident

				alien

				individual.

							.

			(b)Conforming

			 amendmentSection 1324(b)(2) of title 31, United States Code, is

			 amended by inserting before the period , or enacted by the

			 Oil Company Acountability

			 Act.

			(c)Clerical

			 amendmentThe table of sections for subchapter B of chapter 65 of

			 the Internal Revenue Code of 1986 is amended by adding at the end the following

			 new item:

						Sec. 6430. Energy tax

				rebate.

					.

			(d)Effective

			 dateThe amendments made by this section shall take effect on the

			 date of the enactment of this Act.

			3.Revaluation of

			 LIFO inventories of large integrated oil companies

			(a)General

			 ruleNotwithstanding any other provision of law, if a taxpayer is

			 an applicable integrated oil company for its last taxable year ending in

			 calendar year 2005, the taxpayer shall—

				(1)increase,

			 effective as of the close of such taxable year, the value of each historic LIFO

			 layer of inventories of crude oil, natural gas, or any other petroleum product

			 (within the meaning of section 4611) by the layer adjustment amount, and

				(2)decrease its cost

			 of goods sold for such taxable year by the aggregate amount of the increases

			 under paragraph (1).

				If the

			 aggregate amount of the increases under paragraph (1) exceed the taxpayer’s

			 cost of goods sold for such taxable year, the taxpayer’s gross income for such

			 taxable year shall be increased by the amount of such excess.(b)Layer adjustment

			 amountFor purposes of this section—

				(1)In

			 GeneralThe term layer adjustment amount means, with

			 respect to any historic LIFO layer, the product of—

					(A)$18.75, and

					(B)the number of

			 barrels of crude oil (or in the case of natural gas or other petroleum

			 products, the number of barrel-of-oil equivalents) represented by the

			 layer.

					(2)Barrel-of-oil

			 equivalentThe term barrel-of-oil equivalent has the

			 meaning given such term by section 29(d)(5) (as in effect before its

			 redesignation by the Energy Tax Incentives Act of 2005).

				(c)Application of

			 requirement

				(1)No change in

			 method of accountingAny adjustment required by this section

			 shall not be treated as a change in method of accounting.

				(2)Underpayments of

			 estimated taxNo addition to the tax shall be made under section

			 6655 of the Internal Revenue Code of 1986 (relating to failure by corporation

			 to pay estimated tax) with respect to any underpayment of an installment

			 required to be paid with respect to the taxable year described in subsection

			 (a) to the extent such underpayment was created or increased by this

			 section.

				(d)Applicable

			 integrated oil companyFor purposes of this section, the term

			 applicable integrated oil company means an integrated oil company

			 (as defined in section 291(b)(4) of the Internal Revenue Code of 1986) which

			 has an average daily worldwide production of crude oil of at least 500,000

			 barrels for the taxable year and which had gross receipts in excess of

			 $1,000,000,000 for its last taxable year ending during calendar year 2005. For

			 purposes of this subsection all persons treated as a single employer under

			 subsections (a) and (b) of section 52 of the Internal Revenue Code of 1986

			 shall be treated as 1 person and, in the case of a short taxable year, the rule

			 under section 448(c)(3)(B) shall apply.

			4.Modifications of

			 foreign tax credit rules applicable to large integrated oil companies which are

			 dual capacity taxpayers

			(a)In

			 generalSection 901 of the Internal Revenue Code of 1986

			 (relating to credit for taxes of foreign countries and of possessions of the

			 United States) is amended by redesignating subsection (m) as subsection (n) and

			 by inserting after subsection (l) the following new subsection:

					(m)Special rules

				relating to large integrated oil companies which are dual capacity

				taxpayers

						(1)General

				ruleNotwithstanding any other provision of this chapter, any

				amount paid or accrued by a dual capacity taxpayer which is a large integrated

				oil company to a foreign country or possession of the United States for any

				period shall not be considered a tax—

							(A)if, for such

				period, the foreign country or possession does not impose a generally

				applicable income tax, or

							(B)to the extent such

				amount exceeds the amount (determined in accordance with regulations)

				which—

								(i)is paid by such

				dual capacity taxpayer pursuant to the generally applicable income tax imposed

				by the country or possession, or

								(ii)would be paid if

				the generally applicable income tax imposed by the country or possession were

				applicable to such dual capacity taxpayer.

								Nothing

				in this paragraph shall be construed to imply the proper treatment of any such

				amount not in excess of the amount determined under subparagraph (B).(2)Dual capacity

				taxpayerFor purposes of this subsection, the term dual

				capacity taxpayer means, with respect to any foreign country or

				possession of the United States, a person who—

							(A)is subject to a

				levy of such country or possession, and

							(B)receives (or will

				receive) directly or indirectly a specific economic benefit (as determined in

				accordance with regulations) from such country or possession.

							(3)Generally

				applicable income taxFor purposes of this subsection—

							(A)In

				generalThe term generally applicable income tax

				means an income tax (or a series of income taxes) which is generally imposed

				under the laws of a foreign country or possession on income derived from the

				conduct of a trade or business within such country or possession.

							(B)ExceptionsSuch

				term shall not include a tax unless it has substantial application, by its

				terms and in practice, to—

								(i)persons who are

				not dual capacity taxpayers, and

								(ii)persons who are

				citizens or residents of the foreign country or possession.

								(4)Large integrated

				oil companyFor purposes of this subsection, the term large

				integrated oil company means, with respect to any taxable year, an

				integrated oil company (as defined in section 291(b)(4)) which—

							(A)had gross receipts

				in excess of $1,000,000,000 for such taxable year, and

							(B)has an average

				daily worldwide production of crude oil of at least 500,000 barrels for such

				taxable year.

			(b)Effective

			 date

				(1)In

			 generalThe amendments made by this section shall apply to taxes

			 paid or accrued in taxable years beginning after the date of the enactment of

			 this Act.

				(2)Contrary treaty

			 obligations upheldThe amendments made by this section shall not

			 apply to the extent contrary to any treaty obligation of the United

			 States.


I
108th CONGRESS
2d Session
H. R. 4121
IN THE HOUSE OF REPRESENTATIVES

April 1, 2004
Mr. Rehberg (for himself and Mr. Peterson of Minnesota) introduced the following bill; which was referred to the Committee on Agriculture

A BILL
To amend the Federal Meat Inspection Act to help ensure a healthy food supply, and for other purposes.

1.Short titleThis Act may be cited as the Consumer and Producer Protection Act of 2004.
2.Prevention of slaughter for human consumption of certain cattle
(a)Non-ambulatory definedSection 1 of the Federal Meat Inspection Act (21 U.S.C. 601) is amended by adding at the end the following new subsection:

(w)The term non-ambulatory shall apply to any cattle that, at the time of examination and inspection under section 3(a), is unable to rise from a recumbent position or unable to walk for any reason, including metabolic conditions or central nervous system disorders, unless the reason for such inability is fatigue, stress, obdurator nerve paralysis, obesity, or one or more broken or fractured appendages, severed tendons or ligaments, or dislocated joints..
(b)Prohibition on allowing certain cattle to pass inspectionSection 3(a) of the Federal Meat Inspection Act (21 U.S.C. 603(a)) is amended by adding at the end the following new sentence:
All cattle found on such inspection to be non-ambulatory, to test positive for central nervous system disorders, to exhibit signs of bovine spongiform encephalopathy (including moribund condition, tetanus, or emaciation), or to be dead prior to examination and inspection shall be found to be adulterated for purposes of section 4..


114 S584 IS: Better Efficiency and Administrative Simplification Act of 2015
U.S. Senate
2015-02-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 584IN THE SENATE OF THE UNITED STATESFebruary 26, 2015Mr. Thune (for himself and Mr. Warner) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to provide the option to receive Medicare Summary
			 Notices electronically, to increase the flexibility and transparency of
			 contracts with medicare administrative contractors, and for other
 purposes.1.Short titleThis Act may be cited as the Better Efficiency and Administrative Simplification Act of 2015.2.Option to receive Medicare Summary Notice electronically(a)In generalSection 1806 of the Social Security Act (42 U.S.C. 1395b–7) is amended by adding at the end the following new subsection:(c)Format of statements from Secretary(1)Electronic option beginning in 2016Subject to paragraph (2), for statements described in subsection (a) that are furnished for a period in 2016 or a subsequent year, in the case that an individual described in subsection (a) elects, in accordance with such form, manner, and time specified by the Secretary, to receive such statement in an electronic format, such statement shall be furnished to such individual for each period subsequent to such election in such a format and shall not be mailed to the individual.(2)Limitation on revocation option(A)In generalSubject to subparagraph (B), the Secretary may determine a maximum number of elections described in paragraph (1) by an individual that may be revoked by the individual.(B)Minimum of one revocation optionIn no case may the Secretary determine a maximum number under subparagraph (A) that is less than one.(3)NotificationThe Secretary shall ensure that, in the most cost effective manner and beginning January 1, 2017, a clear notification of the option to elect to receive statements described in subsection (a) in an electronic format is made available, such as through the notices distributed under section 1804, to individuals described in subsection (a). For notices distributed under section 1804 on or after January 1, 2017, the Secretary shall ensure that such notice includes a clear notification of the option to elect to receive statements described in subsection (a) in an electronic format..(b)Encouraged expansion of electronic statementsTo the extent to which the Secretary of Health and Human Services determines appropriate, the Secretary shall—(1)apply an option similar to the option described in subsection (c)(1) of section 1806 of the Social Security Act (42 U.S.C. 1395b–7) (relating to the provision of the Medicare Summary Notice in an electronic format), as added by subsection (a), to other statements and notifications under title XVIII of such Act (42 U.S.C. 1395 et seq.); and(2)provide such Medicare Summary Notice and any such other statements and notifications on a more frequent basis than is otherwise required under such title.3.Renewal of MAC contracts(a)In generalSection 1874A(b)(1)(B) of the Social Security Act (42 U.S.C. 1395kk–1(b)(1)(B)) is amended by striking 5 years and inserting 10 years.(b)ApplicationThe amendments made by subsection (a) shall apply to contracts entered into on or after, and to contracts in effect as of, the date of the enactment of this Act.(c)Contractor performance transparencySection 1874A(b)(3)(A) of the Social Security Act (42 U.S.C. 1395kk–1(b)(3)(A)) is amended by adding at the end the following new clause:(iv)Contractor performance transparencyTo the extent possible without compromising the process for entering into and renewing contracts with medicare administrative contractors under this section, the Secretary shall make available to the public the performance of each medicare administrative contractor with respect to such performance requirements and measurement standards..


115 HR 3742 IH: Fostering Success in Higher Education Act of 2017
U.S. House of Representatives
2017-09-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3742IN THE HOUSE OF REPRESENTATIVESSeptember 12, 2017Mr. Danny K. Davis of Illinois (for himself, Mr. Krishnamoorthi, Mr. Scott of Virginia, and Mrs. Davis of California) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Higher Education Act of 1965 to provide formula grants to States to improve higher
			 education opportunities for foster youth and homeless youth, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Fostering Success in Higher Education Act of 2017. 2.Formula grants to States to improve higher education opportunities for foster youth and homeless youthTitle VII of the Higher Education Act of 1965 (20 U.S.C. 1133 et seq.) is amended by adding at the end the following new part:

				FGrants for Improving Access to and Success in Higher Education for Foster Youth and Homeless Youth
 791.DefinitionsIn this part: (1)Foster youthThe term foster youth—
 (A)means an individual whose care and placement is the responsibility of the State or tribal agency that administers a State or tribal plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 670 et seq.), without regard to whether foster care maintenance payments are made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual; and
 (B)includes any individual— (i)whose care and placement was the responsibility of such a State or tribal agency when, or at any time after, the individual attained 13 years of age, without regard to whether foster care maintenance payments were made under section 472 of such Act (42 U.S.C. 672) on behalf of the individual; and
 (ii)who is no longer under the care and responsibility of such a State or tribal agency, without regard to any subsequent adoption of the individual.
 (2)Homeless youthThe term homeless youth has the meaning given the term homeless children and youths in section 725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a). (3)Indian Tribe; tribal organizationThe terms Indian Tribe and tribal organization have the meanings given the terms in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450).
 (4)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101. (5)StateThe term State means each of the several States and the District of Columbia.
 (6)TerritoryThe term territory means Puerto Rico, United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
						792.Formula grants to States to improve access to and success in higher education for foster youth and
			 homeless youth
 (a)Grant program establishedFrom the amount appropriated under subsection (h), the Secretary shall make allotments under subsection (b), to States having applications approved under subsection (c), to enable each State to—
 (1)carry out the Statewide transition initiative described in subsection (d); and (2)make subgrants described in subsection (e).
							(b)Allocations
							(1)Formula
								(A)Reservation for Indian tribes and territories
 (i)In generalFrom the amount appropriated under subsection (h) for a fiscal year and subject to clause (ii), the Secretary shall reserve—
 (I)not more than 3 percent for grants to Indian Tribes, consortia of Indian Tribes, or Tribal organizations; and
 (II)not more than 2 percent for grants to territories. (ii)RequirementsIn awarding grants under this subparagraph, the Secretary—
 (I)shall not award a grant under subclause (I) or (II) of clause (i) for a fiscal year for which no Indian Tribe (or consortium of Indian Tribes) or Tribal organization, or territory, respectively, submits a satisfactory application for a grant under such subclause;
 (II)shall require that any Indian Tribe, consortium, Tribal organization, or territory that receives a grant under this subparagraph provide an assurance of a partnership among relevant education, child welfare, and homeless agencies or organizations; and
 (III)may determine any other requirements with respect to such grants (including the allocation, application, and use of fund requirements), which to the extent possible, shall be consistent with the requirements for States under this part, except that appropriate adjustments shall be made based on the needs and size of populations served by the Indian Tribe, consortium, Tribal organization, or territory applying for the grant.
 (B)Reservation for Department activitiesFrom the amount appropriated under subsection (h) for a fiscal year, the Secretary may reserve— (i)not more than 7 percent to—
 (I)provide technical assistance, in consultation with Secretary of Health and Human Services, to States carrying out activities under this section; and
 (II)complete the evaluations required by subsection (g)(1); and (ii)not more than 3 percent for administrative expenses.
 (C)AllocationsFrom the amount appropriated under subsection (h) for fiscal year and remaining after the Secretary reserves funds under subparagraphs (A) and (B), the Secretary shall allocate to each State the greater of—
 (i)$500,000; or (ii)the amount that bears the same proportion to the remaining appropriated amount for such fiscal year as the number of foster youth and homeless youth in the State bears to the number of foster youth and homeless youth in all States.
 (D)Ratable reductionIf the amount appropriated under subsection (h) for a fiscal year and remaining after the Secretary reserves funds under subparagraphs (A) and (B) is less than the amount required to be allocated to States under subparagraph (C), then the amount of the allocation to each State shall be ratably reduced.
 (2)State ReservationFrom the amounts awarded a State under paragraph (1)(C) for a fiscal year, the State may reserve not more than 5 percent for administrative expenses.
							(3)Temporary ineligibility for subsequent payments
 (A)In generalThe Secretary shall determine a State to be temporarily ineligible to receive a grant payment under this subsection for a fiscal year if—
 (i)the State fails to submit an annual report under subsection (f) for the preceding fiscal year; or (ii)the Secretary determines, based on information in such annual report, that the State is not effectively—
 (I)meeting the outcomes described in the application of such State under subsection (c)(2)(C), and does not have a plan to improve the outcomes;
 (II)monitoring and evaluating the activities under subsections (d) and (e); or (III)using funds as required under subsections (d) and (e).
 (B)ReinstatementIf the Secretary determines that a State is ineligible under subparagraph (A), the Secretary may enter into an agreement with the State setting forth the terms and conditions under which the State may regain eligibility to receive payments under this section.
								(c)Applications
 (1)In generalFor each fiscal year for which a State desires an allotment under subsection (b), the State shall submit an application to the Secretary at such time, in such manner, and containing the information described in paragraph (2).
 (2)Information requiredAn application submitted under paragraph (1) shall include the following: (A)A plan for how the State will carry out the activities under subsections (d) and (e).
 (B)A description of the State’s capacity to carry out such activities. (C)A description of intended outcomes for such activities.
 (D)A plan for how the State will monitor and evaluate such activities, including how the State will use data to continually update and improve such activities.
 (E)A description of how students will be identified and recruited for participation in the Statewide transition initiative under subsection (d).
 (F)An estimate of the number and characteristics of the populations targeted for participation in the Statewide transition initiative under subsection (d) with attention to the diverse needs of homeless youth and foster youth in the State.
 (G)A description of how the State will coordinate services provided under the grant with services provided to foster youth and homeless youth under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.), the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.), the Runaway and Homeless Youth Act (42 U.S.C. 5701 et seq.), and other services provided to foster youth and homeless youth by the State.
 (H)An assurance that the State will comply with subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.).
 (I)An assurance that the State will partner with State educational agencies, local educational agencies, institutions of higher education, State and local child welfare authorities, and other relevant organizations that serve foster youth or homeless youth.
 (J)An assurance that the State will submit the annual report required under subsection (f). (K)A budgetary analysis of the use of funds awarded under this section.
 (L)Such other information as the Secretary may require. (d)Statewide transition initiative (1)Use of fundsSubject to subsection (b)(2), and in consultation and coordination with the entities described in paragraph (2) of this subsection, a State receiving a grant award under this section shall use not less than 25 percent of the funds to—
 (A)provide intensive outreach and support to foster youth and homeless youth to— (i)improve the understanding and preparation of such youth for enrollment in institutions of higher education;
 (ii)increase the number of applications to institutions of higher education submitted by such youth; and
 (iii)increase the number of enrollments at institutions of higher education; (B)provide education to foster youth and homeless youth with respect to—
 (i)the benefits and opportunities of postsecondary education; (ii)planning for postsecondary education;
 (iii)financial aid opportunities for enrollment at an institution of higher education; (iv)the Federal and State services and benefits available to foster youth and homeless youth while enrolled at an institution of higher education, including health and mental health services;
 (v)career exploration; and (vi)financial literacy training, including security from identity theft;
 (C)assist foster youth and homeless youth with submitting applications for— (i)enrollment at an institution of higher education;
 (ii)financial aid for such enrollment; and (iii)scholarships available for such students, including under a State educational and training voucher program referred to in section 477(i) of the Social Security Act; and
 (D)provide free programming, which may include free transportation to and from such programming, for foster youth and homeless youth to prepare such individuals socially and academically for the rigors of postsecondary education during the summer before such individuals first attend an institution of higher education.
 (2)Required consultation and coordinationIn carrying out the activities described in paragraph (1), a State shall consult and coordinate with State educational agencies, local educational agencies, institutions of higher education, State and local child welfare authorities, and other relevant organizations that serve foster youth or homeless youth.
							(e)Subgrants To create institutions of excellence
 (1)In generalSubject to the subsection (b)(2), a State receiving a grant under this section shall, acting through the administering State agency, use not less than 70 percent of the funds to award, on a competitive basis, subgrants to eligible institutions to enable such institutions to become institutions of excellence by improving college access, retention, and completion rates for foster and homeless youth as described in paragraph (3).
							(2)Application
 (A)In generalAn eligible institution desiring a subgrant under this subsection shall submit an application to the State in which such eligible institution is located, at such time, in such manner, and containing such information as the State may require.
 (B)Technical assistanceStates shall provide outreach and technical assistance to eligible institutions with respect to applications for subgrants under this subsection.
 (3)ActivitiesAn eligible institution that receives a grant under this subsection shall use the grant funds to carry out the following activities with respect to homeless youth and foster youth:
 (A)Provide flexibility and assistance in completing the application process to enroll at such institution.
 (B)Coordinate programs with relevant on- and off-campus stakeholders to increase the enrollment of such youth at the institution and align services at the institution for such youth.
 (C)Adjust the cost of attendance for such youth at such eligible institution to include the cost of housing during periods of non-enrollment.
 (D)Provide institutional aid to such students to meet the cost of attendance that is not covered by other Federal or State educational grants.
 (E)Provide outreach to such students to ensure that such youth are aware of housing resources available during periods of non-enrollment.
 (F)Subsidize any fees for such students associated with orientation and offer free transportation to college orientation or move-in week.
 (G)Hire and provide training for at least one full-time staff at the eligible institution to serve as a point of contact to provide case management services and monthly face-to-face meetings with students who are foster youth or homeless youth. Such individual shall have an advanced degree and at least two years of relevant experience.
 (H)Establish or enhance campus support programs to provide such students with a wide-range of on-campus services including—
 (i)assistance with financial aid; (ii)career advice; and
 (iii)leadership development. (I)Ensure the availability of robust student health services (physical and mental) that meet the specific needs of foster youth and homeless youth.
 (J)Establish or expand early alert systems to identify and support such students who may be struggling academically.
 (K)Collect, review, and monitor data for program improvement. (4)Reliance on institutional aidAny institutional aid provided to a student under paragraph (3)(D) by an eligible institution during the grant period of the institution’s grant under this section shall continue to be provided during the student’s continuous enrollment at the institution, without regard to whether the grant period ends during such enrollment.
 (5)DefinitionsIn this subsection: (A)Administering State agencyThe term administering State agency means a State agency—
 (i)designated by the Governor or executive of the State to administer the subgrants under this subsection; and
 (ii)that, with respect to such State, has jurisdiction over— (I)foster youth;
 (II)homeless youth; (III)elementary and secondary education; or
 (IV)higher education. (B)Eligible institutionThe term eligible institution means an institution of higher education—
 (i)that is in partnership with— (I)the State child welfare agency that is responsible for the administration of the State plan under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq.; 670 et seq.); and
 (II)an organization that serves homeless youth (such as a youth shelter or outreach program); and (ii)that may partner with any other provider, agency, official, or entity that serves foster youth and homeless youth, or former foster youth and homeless youth.
 (f)State reportsFor each year in which a State receives an allotment under subsection (b), the State shall prepare and submit a report to the Secretary that includes—
 (1)each activity or service that was carried out under this section; (2)the cost of providing each such activity or service;
 (3)the number of students who received each activity or service disaggregated by demographics; (4)using qualitative and quantitative analysis, how the State—
 (A)improved access to higher education for foster youth and homeless youth; and (B)measured youth satisfaction with activities carried out under this part;
 (5)an analysis of the implementation and progress of the Statewide transition initiative under subsection (d), including challenges and changes made to the initiative throughout the preceding year;
 (6)if, based on the analysis under paragraph (5), the State determines that the program is not on track to meet the intended outcomes described in the application of the State under subsection (c)(2)(C), a description of how the State plans to meet such intended outcomes; and
 (7)information on the eligible institutions receiving subgrants, including how such institutions used subgrant funds to carry out the activities described in subsection (e)(3).
							(g)Department activities
 (1)EvaluationsBeginning on the date on which funds are first allotted under subsection (b), and annually thereafter, the Secretary shall evaluate recipients of allotments and subgrants under this section. The results of such evaluations shall be made publicly available on the website of the Department.
 (2)Report to CongressNot later than 1 year after the date on which funds are first allocated under subsection (b), and annually thereafter, the Secretary shall submit a report to Congress that includes—
 (A)the amount of each allotment under subsection (b); (B)the amount of each subgrant under subsection (e); and
 (C)with respect to the year for which such report is made, the results of the evaluations under paragraph (1).
 (h)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $150,000,000 for fiscal year 2018 and each of the 5 succeeding fiscal years..


116 HR 1555 IH: Transparency for Cable Consumers Act
U.S. House of Representatives
2019-03-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 1555IN THE HOUSE OF REPRESENTATIVESMarch 6, 2019Mr. Brindisi introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Communications Act of 1934 to require cable operators and internet service providers
			 who are subject to State fines to submit a report, and for other purposes.

 1.Short titleThis Act may be cited as the Transparency for Cable Consumers Act. 2.FCC reporting requirement for cable operators and internet service providers who are subject to State finesTitle VII of the Communications Act of 1934 (47 U.S.C. 601 et. seq.) is amended by adding at the end the following new section:

				723.Reporting requirement for cable operators and internet service providers subject to State fines and
			 penalties
 (a)Report requiredNot later than October 1 of each year for a period of ten years that begins the year following a year in which a cable operator or internet service provider begins making payments to a State that qualifies the operator or provider as a covered entity, the covered entity shall submit to the Commission a report that includes the following:
 (1)The total number of customers the covered entity has in each county in which the covered entity operates in that State. For the second through tenth such report, the percentage increase or decrease from the previous 12 months for each such county.
 (2)The average monthly customer billed amount in each county in which the covered entity operates in that State for the previous 12 months. For the second through tenth such report, the percentage increase or decrease from the previous 12 months for each county.
 (3)In the case of a cable provider that is a covered entity, the average billed amount for cable service for each county in which the covered entity operates in that State for the previous 12 months.
 (4)In the case of an internet service provider that is a covered entity, the average billed amount for broadband internet service for each county in which the covered entity operates in that State for the previous 12 months.
 (5)In the case of a covered entity that is a cable operator and an internet service provider, a separate report for both the average billed amount for cable service and the average billed amount for broadband internet service for each county in which the covered entity operates in that State for the previous 12 months.
 (6)The average internet speeds delivered to customers in each county in which the covered entity has operated in that State for the previous 12 months, including the average upload and download speed. For years 2–10 of the reporting requirement, this must also include the percentage increase or decrease from the previous year for each county.
 (7)A list of all additional fees which appeared on customers’ bills during the past 12 months as well as the average charge for each fee for each county in which the company operates in that State. For the second through tenth such report, the percentage increase or decrease from the previous 12 months for each county.
 (b)Submission to CongressNot later than 30 days after the date on which the Commission receives a report under subsection (a), the Commission shall submit such report to each Member of Congress from the relevant State.
 (c)DefinitionsIn this section: (1)Broadband internet serviceThe term broadband internet service—
 (A)means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service;
 (B)does not include dial-up internet access service; and (C)includes any service that the Commission finds to be providing a functional equivalent of the service described in subparagraph (A) or that is used to evade the protections set forth in part 8 of title 47, Code of Federal Regulations.
 (2)Cable operator; cable serviceThe terms cable operator and cable service have the meanings given those terms in section 602. (3)CountyThe term county includes a parish or borough.
 (4)Covered entityThe term covered entity means a cable operator or internet service provider that is directed by a State Public Service Commission or State Department of Public Service to pay $1,000,000 or more to the State in fines or penalties.
 (5)Internet service providerThe term internet service provider means any person or group of persons that provides broadband internet access service. (6)Member of CongressThe term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress..