117 HR 2624 IH: Aerospace Debris Safety Act
U.S. House of Representatives
2021-04-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 2624IN THE HOUSE OF REPRESENTATIVESApril 16, 2021Mr. Graves of Louisiana (for himself and Mr. Larsen of Washington) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend title 49, United States Code, to establish a program to track potential sources of airborne debris to prevent the collision of aircraft with such debris, and for other purposes.1.Short titleThis Act may be cited as the Aerospace Debris Safety Act.2.Airborne debris collision avoidance(a)In generalChapter 447 of title 49, United States Code, is amended by adding at the end the following:44744.Airborne debris collision avoidance(a)In generalThe Secretary of Transportation, in coordination with the Administrator of the Federal Aviation Administration, shall—(1)establish a program to track objects that are potential sources of covered airborne debris;(2)establish a database containing data and information on such objects;(3)utilize existing tools and methods, including communication with the owners or operators of such objects, to determine on an ongoing basis the likelihood and the circumstances, including the time and location, under which such objects may reenter the Earth’s atmosphere in a controlled or uncontrolled manner;(4)assess the potential of a reentry of each such object to create covered airborne debris and the risk such debris may pose to aircraft or individuals and property on the ground; and(5)establish a system, in consultation with the Chief Operating Officer for the air traffic control system, by which—(A)airspace may be identified for possible control or restrictions when risks are present due to the presence or expected presence of covered airborne debris; and(B)aircraft at risk of being impacted by covered airborne debris can be expeditiously notified and redirected.(b)Tracking programIn establishing the program under subsection (a)(1), the Secretary may—(1)acquire or establish facilities and equipment to directly track objects that are potential sources of covered airborne debris; and(2)contract for, or utilize reliable sources of, data and information relating to such objects from other Federal agencies or any eligible entity, including by using the authority provided in section 106(l)(6).(c)Data and information agreements(1)Federal agreementPrior to receiving data and information from a Federal agency under subsection (b)(2), or using such data and information for any purpose under this section, the Secretary shall enter into an agreement with the head of such Federal agency that—(A)details the purposes for which the Secretary is authorized to use such data and information;(B)describes the conditions under which data and information may not be released, including a list of eligible entities or categories of eligible entities that are not permitted to receive such data and information;(C)ensures that such data or information is safety-related and unclassified;(D)designates the Secretary as the sole or primary Federal distributor of such data and information to an eligible entity; and(E)contains any other condition or restriction as the Secretary and the head of such Federal agency consider appropriate.(2)Exceptions(A)In generalThe Secretary may not enter into an agreement with the head of a Federal agency under this subsection that restricts the ability of the Secretary to provide the minimum data and information necessary to an eligible entity to effectively provide services described under subsection (d).(B)Classified data or informationIf the Secretary and the head of a Federal agency determine that the sharing of classified data or information from such Federal agency under subsection (b)(2) is necessary or otherwise appropriate, the Secretary and the head of the Federal agency shall include in an agreement under this subsection any procedures and policies that are necessary to manage the use of such classified data or information without compromising the national security interests of the United States.(3)Non-Federal agreementPrior to receiving data and information from an eligible entity under subsection (b)(2), or using such data and information for any purpose under this section, the Secretary shall enter into an agreement with the eligible entity governing the management and dissemination of such data and information. Such agreement may contain such conditions or restrictions as the Secretary considers appropriate.(4)Disclosure(A)In generalPursuant to section 552(b)(3)(B) of title 5, the Secretary may not disclose to the public any data or information received pursuant an agreement under this subsection.(B)ExceptionThe Secretary may disclose data or information under this section that qualifies for an exemption under section 552(b)(4) of title 5, or is designated as confidential by the person or head of the Federal agency providing the data or information, only if the Secretary decides withholding the data or information is contrary to the public or national interest. (C)Rule of constructionNothing in this paragraph shall be construed to prohibit the Secretary from using or releasing such data and information pursuant to the terms of an agreement under this subsection.(d)Safety of airspace and aircraft(1)United States airspaceThe Secretary shall provide the service described under subsection (a)(5) to aircraft operating in United States airspace or airspace assigned to the United States at no charge.(2)Foreign agreementsThe Secretary may enter into an agreement with a foreign air navigation service provider for the Secretary to provide the services described in subsection (a)(5)(B) to the foreign air navigation service provider, provided that the foreign air navigation service provider—(A)remunerates the Secretary at a rate that is reasonably related to the cost of providing such services, as determined by the Secretary; and(B)agrees to indemnify and hold the United States Government harmless from any claim related to the provision of such services and any related action or omission.(e)Other uses of data and information; other services(1)AuthorityThe Secretary, in coordination with appropriate entities within the Department of Transportation and in consultation with the heads of other relevant Federal agencies—(A)shall carry out a program to improve the collection, processing, and dissemination of space situational awareness data and information (including information contained in the database established under subsection (a)(2)) and to provide services relating to such data and information;(B)subject to paragraph (2), may provide such data, information, and services to an eligible entity; and(C)may obtain such data, information, and services from an eligible entity.(2)Type of information provided(A)In generalData and information provided to an eligible entity under paragraph (1)(B) shall be safety-related and unclassified.(B)Interests of the United StatesThe Secretary, in consultation with the head of a Federal agency with which the Secretary has entered into an agreement under subsection (c), shall develop a policy to determine the type of information that may be provided under paragraph (1) without compromising the national security interests of the United States. (3)Public services(A)In generalThe Secretary shall designate a basic level of data, information, and services described in paragraph (1) to be provided at no charge to an eligible entity and public services to be provided at no charge, including—(i)a public catalog of objects that are potential sources of covered airborne debris and other tracked space objects;(ii)emergency conjunction notifications for objects described in clause (i); and(iii)any other data, information, or services (excluding services that may be provided pursuant to an agreement under subsection (d)(2)) that the Secretary considers—(I)necessary for safety; or (II)appropriate.(B)LimitationThe Secretary may not provide data, information, or services under subparagraph (A)(iii)(II) that compete with products offered by United States commercial entities.(4)Advanced servicesThe Secretary may undertake activities to promote the creation and provision of more advanced levels of data, information, and services described in paragraph (1) to foster the public and private enhancement of transportation safety.(5)ProceduresThe Secretary shall establish procedures by which the authority under this subsection shall be carried out.(6)ImmunityThe United States, any agencies and instrumentalities thereof, and any individuals, firms, corporations, and other persons acting for the United States, shall be immune from any suit in any court for any cause of action arising from the provision or receipt data, information, or services described in paragraph (1) whether or not provided in accordance with this section, or any related action or omission.(f)Non-DelegationExcept as provided in subsection (e)(5), the authority under this section may only be delegated by the Secretary of Transportation to an officer or employee of the Department of Transportation, including the Federal Aviation Administration.(g)FundingOut of amounts made available under section 106(k)(2)(D) of title 49, United States Code, $15,000,000 for each of fiscal years 2022 and 2023 may be expended by the Secretary to carry out this section.(h)DefinitionsIn this section:(1)Covered airborne debrisThe term covered airborne debris means any human-made object that—(A)was previously in Earth orbit;(B)is in the atmosphere;(C)is uncontrolled; and(D)poses a potential risk to the safe flight of civil aircraft in air commerce.(2)Eligible entityThe term eligible entity means any non-Federal entity, including any of the following:(A)A State.(B)A political subdivision of a State.(C)A United States commercial entity.(D)The government of a foreign country.(E)A foreign commercial entity..(b)Clerical amendmentThe analysis for chapter 447 of title 49, United States Code, is amended by adding at the end the following: 44744. Airborne debris collision avoidance..


		I
		112th CONGRESS
		2d Session
		H. R. 5747
		IN THE HOUSE OF REPRESENTATIVES

			May 15, 2012
			Mr. Cummings (for
			 himself, Mr. Filner,
			 Mr. Smith of Washington,
			 Mr. Tierney,
			 Ms. Brown of Florida,
			 Mr. Connolly of Virginia,
			 Mr. Michaud,
			 Mr. Braley of Iowa,
			 Mr. Donnelly of Indiana, and
			 Mr. Yarmuth) introduced the following
			 bill; which was referred to the Committee
			 on Veterans’ Affairs

		A BILL
		To amend the Servicemembers Civil Relief Act to improve
		  the protections for servicemembers against mortgage foreclosures, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Military Family Home Protection
			 Act.
		2.Mortgage protection
			 for members of the Armed Forces, surviving spouses, and certain
			 veterans
			(a)Mortgage
			 protection
				(1)In
			 generalSection 303 of the Servicemembers Civil Relief Act (50
			 U.S.C. App. 533) is amended to read as follows:

						303.Mortgages and
				trust deeds
							(a)Mortgage as
				SecurityThis section applies
				only to an obligation on real or personal property that is secured by a
				mortgage, trust deed, or other security in the nature of a mortgage and is
				owned by a covered individual as follows:
								(1)With respect to an obligation on real or
				personal property owned by a servicemember, such obligation that originated
				before the period of the servicemember's military service and for which the
				servicemember is still obligated.
								(2)With respect to an obligation on real
				property owned by a servicemember serving in support of a contingency operation
				(as defined in section 101(a)(13) of title 10, United States Code), such
				obligation that originated at any time and for which the servicemember is still
				obligated.
								(3)With respect to an obligation on real
				property owned by a veteran described in subsection (f)(1)(B), such obligation
				that originated at any time and for which the veteran is still
				obligated.
								(4)With respect to an obligation on real
				property owned by a surviving spouse described in subsection (f)(1)(C), such
				obligation that originated at any time and for which the spouse is still
				obligated.
								(b)Stay of
				Proceedings and Adjustment of Obligation(1)In an action filed
				during a covered time period to enforce an obligation described in subsection
				(a), the court may after a hearing and on its own motion and shall upon
				application by a covered individual when the individual’s ability to comply
				with the obligation is materially affected by military service—
									(A)stay the proceedings for a period of
				time as justice and equity require, or
									(B)adjust the obligation to preserve the
				interests of all parties.
									(2)For purposes of applying paragraph (1) to a
				covered individual who is a surviving spouse of a servicemember described in
				subsection (f)(1)(C), the term military service means the service
				of such servicemember.
								(c)Sale or
				ForeclosureA sale, foreclosure, or seizure of property for a
				breach of an obligation described in subsection (a) shall not be valid during a
				covered time period except—
								(1)upon a court order
				granted before such sale, foreclosure, or seizure with a return made and
				approved by the court; or
								(2)if made pursuant
				to an agreement as provided in section 107.
								(d)MisdemeanorA
				person who knowingly makes or causes to be made a sale, foreclosure, or seizure
				of property that is prohibited by subsection (c), or who knowingly attempts to
				do so, shall be fined as provided in title 18, United States Code, or
				imprisoned for not more than one year, or both.
							(e)Proof of
				service(1)A
				veteran described in subsection (f)(1)(B) shall provide documentation described
				in paragraph (2) to relevant persons to prove the eligibility of the veteran to
				be covered under this section.
								(2)Documentation described in this paragraph
				is a rating decision or a letter from the Department of Veterans Affairs that
				confirms that the veteran is totally disabled because of one or more
				service-connected injuries or service-connected disability conditions.
								(f)DefinitionsIn this section:
								(1)The term
				covered individual means the following individuals:
									(A)A
				servicemember.
									(B)A veteran who was retired under chapter 61
				of title 10, United States Code, and whom the Secretary of Veterans Affairs, at
				the time of such retirement, determines is a totally disabled veteran.
									(C)A surviving spouse of a servicemember
				who—
										(i)died while serving
				in support of a contingency operation if such spouse is the successor in
				interest to property covered under subsection (a); or
										(ii)died while in military service and whose
				death is service-connected if such spouse is the successor in interest to
				property covered under subsection (a).
										(2)The term
				covered time period means the following time periods:
									(A)With respect to a servicemember, during the
				period beginning on the date on which such servicemember begins military
				service and ending on the date that is 12 months after the date on which such
				servicemember is discharged from such service.
									(B)With respect to a servicemember serving in
				support of a contingency operation, during the period beginning on the date of
				the military orders for such service and ending on the date that is 12 months
				after the date on which such servicemember redeploys from such contingency
				operation.
									(C)With respect to a veteran described in
				subsection (f)(1)(B), during the 12-month period beginning on the date of the
				retirement of such veteran described in such subsection.
									(D)With respect to a surviving spouse of a
				servicemember described in subsection (f)(1)(C), during the 12-month period
				beginning on the date of the death of the
				servicemember.
									.
				(2)Conforming
			 amendmentSection 107 of the
			 Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended by adding at
			 the end the following:

						(e)Other
				individualsFor purposes of
				this section, the term servicemember includes any covered
				individual under section 303(f)(1).
						.
				(3)Repeal of
			 sunsetSubsection (c) of section 2203 of the Housing and Economic
			 Recovery Act of 2008 (Public Law 110–289; 50 U.S.C. App. 533 note) is amended
			 to read as follows:

						(c)Effective
				dateThe amendments made by subsection (a) shall take effect on
				the date of the enactment of this
				Act.
						.
				(b)Increased civil
			 penalties for mortgage violationsParagraph (3) of section 801(b) of the
			 Servicemembers Civil Relief Act (50 U.S.C. App. 597(b)(3)) is amended to read
			 as follows:

					(3)to vindicate the
				public interest, assess a civil penalty—
						(A)with respect to a
				violation of section 303 regarding real property—
							(i)in
				an amount not exceeding $110,000 for a first violation; and
							(ii)in an amount not
				exceeding $220,000 for any subsequent violation; and
							(B)with respect to
				any other violation of this Act—
							(i)in
				an amount not exceeding $55,000 for a first violation; and
							(ii)in an amount not
				exceeding $110,000 for any subsequent
				violation.
							.
			(c)Credit
			 discriminationSection 108 of
			 such Act (50 U.S.C. App. 518) is amended—
				(1)by striking
			 Application by and inserting (a) Application by;
			 and
				(2)by adding at the
			 end the following new subsection:

						(b)In addition to the protections under
				subsection (a), an individual who is eligible, or who may likely become
				eligible, for any provision of this Act may not be denied or refused credit or
				be subject to any other action described under paragraphs (1) through (6) of
				subsection (a) solely by reason of such
				eligibility.
						.
				3.Requirements for
			 lending institutions that are creditors for obligations and liabilities covered
			 by the Servicemembers Civil Relief ActSection 207 of the Servicemembers Civil
			 Relief Act (50 U.S.C. App. 527) is amended—
			(1)by redesignating
			 subsections (d) and (e) as subsections (e) and (f), respectively; and
			(2)by inserting after
			 subsection (c) the following new subsection (d):

					(d)Lending
				institution requirements
						(1)Compliance
				officersEach lending institution subject to the requirements of
				this section shall designate an employee of the institution as a compliance
				officer who is responsible for ensuring the institution’s compliance with this
				section and for distributing information to servicemembers whose obligations
				and liabilities are covered by this section.
						(2)Toll-free
				telephone numberDuring any fiscal year, a lending institution
				subject to the requirements of this section that had annual assets for the
				preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free
				telephone number and shall make such telephone number available on the primary
				Internet Web site of the
				institution.
						.


110 HR 1921 IH: Religious Freedom Peace Tax Fund

U.S. House of Representatives
2007-04-18
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.

		I
		110th CONGRESS
		1st Session
		H. R. 1921
		IN THE HOUSE OF REPRESENTATIVES

			April 18, 2007
			Mr. Lewis of Georgia
			 (for himself, Mr. Conyers,
			 Mr. McGovern,
			 Mr. Farr, Mr. McDermott, Mr.
			 Paul, Ms. Carson,
			 Mr. Clay, Mr. Ellison, Mr.
			 Fattah, Mr. Hinchey,
			 Ms. Eddie Bernice Johnson of Texas,
			 Mr. Kucinich,
			 Ms. Norton,
			 Mr. Oberstar,
			 Mr. Serrano, and
			 Ms. Woolsey) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To affirm the religious freedom of taxpayers who are
		  conscientiously opposed to participation in war, to provide that the income,
		  estate, or gift tax payments of such taxpayers be used for nonmilitary
		  purposes, to create the Religious Freedom Peace Tax Fund to receive such tax
		  payments, to improve revenue collection, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Religious Freedom Peace Tax Fund
			 Act.
		2.FindingsCongress finds the following:
			(1)The free exercise
			 of religion is an inalienable right, protected by the First Amendment of the
			 United States Constitution.
			(2)Congress
			 reaffirmed this right in the Religious Freedom Restoration Act of 1993, as
			 amended in 1998, which prohibits the Federal Government from imposing a
			 substantial burden on the free exercise of religion unless it demonstrates that
			 a compelling government interest is achieved by the least restrictive
			 means.
			(3)Many people
			 immigrated to America (including members of the Quaker, Mennonite, and Church
			 of the Brethren faiths) to escape persecution for their refusal to participate
			 in warfare, yet during the First World War hundreds of conscientious objectors
			 were imprisoned in America for their beliefs. Some died while incarcerated as a
			 result of mistreatment.
			(4)During the Second
			 World War, alternative civilian service was established in lieu
			 of military service, by the Selective Training and Service Act of 1940, to
			 accommodate a wide spectrum of religious beliefs and practices. Subsequent case
			 law also has expanded these exemptions, and has described this policy as one of
			 … long standing tradition in this country … affording the
			 important value of reconciling individuality of belief with practical
			 exigencies whenever possible. It dates back to colonial times and has been
			 perpetuated in state and federal conscription statutes, and has
			 roots deeply embedded in history. (Welsh v. United States, 1970,
			 Justice Harlan concurring). During and since the Second World War thousands of
			 conscientious objectors provided essential staff for mental hospitals and
			 volunteered as human test subjects for arduous medical experiments, and
			 provided other service for the national health, safety and interest.
			(5)Conscientious
			 objectors have sought alternative service for their tax payments since that
			 time. They request legal relief from government seizure of their homes,
			 livestock, automobiles, and other property; and from having bank accounts
			 attached, wages garnished, fines imposed, and imprisonment threatened, to
			 compel them to violate their personal and religious convictions.
			(6)Conscientious
			 objection to participation in war in any form based upon moral, ethical, or
			 religious beliefs is recognized in Federal law, with provision for alternative
			 service; but no such provision exists for taxpayers who are conscientious
			 objectors and who are compelled to participate in war through the payment of
			 taxes to support military activities.
			(7)The Joint
			 Committee on Taxation has certified that a tax trust fund, providing for
			 conscientious objector taxpayers to pay their full taxes for non-military
			 purposes, would increase Federal revenues.
			3.Definitions
			(a)Designated
			 conscientious objectorFor
			 purposes of this Act, the term designated conscientious objector
			 means a taxpayer who is opposed to participation in war in any form based upon
			 the taxpayer’s sincerely held moral, ethical, or religious beliefs or training
			 (within the meaning of the Military Selective Service Act (50 U.S.C. App.
			 456(j)), and who has certified these beliefs in writing to the Secretary of the
			 Treasury in such form and manner as the Secretary provides.
			(b)Military
			 purposeFor purposes of this
			 Act, the term military purpose means any activity or program
			 which any agency of the Government conducts, administers, or sponsors and which
			 effects an augmentation of military forces or of defensive and offensive
			 intelligence activities, or enhances the capability of any person or nation to
			 wage war, including the appropriation of funds by the United States for—
				(1)the Department of
			 Defense;
				(2)the intelligence community (as defined in
			 section 3(4) of the National Security Act of 1947 (50 U.S.C. 104a(4)));
				(3)the Selective
			 Service System;
				(4)activities of the
			 Department of Energy that have a military purpose;
				(5)activities of the
			 National Aeronautics and Space Administration that have a military
			 purpose;
				(6)foreign military
			 aid; and
				(7)the training,
			 supplying, or maintaining of military personnel, or the manufacture,
			 construction, maintenance, or development of military weapons, installations,
			 or strategies.
				4.Religious Freedom
			 Peace Tax Fund
			(a)EstablishmentThe Secretary of the Treasury shall
			 establish an account in the Treasury of the United States to be known as the
			 Religious Freedom Peace Tax Fund, for the deposit of income,
			 gift, and estate taxes paid by or on behalf of taxpayers who are designated
			 conscientious objectors. The method of deposit shall be prescribed by the
			 Secretary of the Treasury in a manner that minimizes the cost to the Treasury
			 and does not impose an undue burden on such taxpayers.
			(b)Use of Religious
			 Freedom Peace Tax FundMonies
			 deposited in the Religious Freedom Peace Tax Fund shall be allocated annually
			 to any appropriation not for a military purpose.
			(c)ReportThe Secretary of the Treasury shall report
			 to the Committees on Appropriations of the House of Representatives and the
			 Senate each year on the total amount transferred into the Religious Freedom
			 Peace Tax Fund during the preceding fiscal year and the purposes for which such
			 amount was allocated in such preceding fiscal year. Such report shall be
			 printed in the Congressional Record upon receipt by the Committees. The privacy
			 of individuals using the Fund shall be protected.
			(d)Sense of
			 CongressIt is the sense of
			 Congress that any increase in revenue to the Treasury resulting from the
			 creation of the Religious Freedom Peace Tax Fund shall be allocated in a manner
			 consistent with the purposes of the Fund.


113 S2150 IS: Independent Innovator and Repurposing Act
U.S. Senate
2014-03-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS2d SessionS. 2150IN THE SENATE OF THE UNITED STATESMarch 24, 2014Mr. Blumenthal (for himself and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo advance the public health by encouraging independent
		  innovators to pursue drug repurposing research and develop new treatments and
		  cures by providing appropriate intellectual property protections for those
		  innovations, and for other purposes.1.Short titleThis Act may be cited as the
			 Independent Innovator and Repurposing
			 Act.2.Extension of
			 patent term for method of using biological product(a)Extension for
			 regulatory delayThe term of
			 a patent claiming a method of using a biological product shall be extended
			 for
			 5 years from the original expiration date of the patent, which shall
			 include
			 any patent term adjustment granted under section 154(b) of title 35,
			 United
			 States Code, if—(1)an application for an extension is
			 submitted by the owner of record of the patent or its agent in accordance
			 with
			 the requirements of subsection (b); and(2)the term of the
			 patent—(A)has not expired
			 before the application is so submitted; and(B)has not been
			 extended under subsection (c) of this section or section 156 of title 35,
			 United States Code.(b)Application for
			 extensionTo obtain an
			 extension of the term of a patent under this section, the owner of record
			 of
			 the patent or its agent shall submit an application to the Director. The
			 application shall contain—(1)the identity of the biological
			 product;(2)the identity of
			 the patent for which an extension is being sought and the identity of each
			 claim of such patent that claims the method of using the biological
			 product;(3)information
			 demonstrating to the Director that—(A)the patent was issued to an independent
			 innovator;(B)the owner of record is—(i)the independent innovator; or(ii)a qualified small business in which the independent innovator has an ownership interest;(C)an application
			 under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a))
			 for
			 commercial marketing of the biological product for a method of use claimed
			 in
			 the patent has been filed; and(D)a period of not less than 10 years elapsed
			 between the original date of submission of an application for an exemption
			 under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21
			 U.S.C.
			 355(i)) for investigating such method of use and the date on which the
			 Food and
			 Drug Administration approved the application described in subparagraph
			 (C);
			 and(4)a brief description of the activities
			 undertaken by the owner of record of the patent, or the agent of such
			 owner,
			 during such period with respect to the biological product and the
			 significant
			 dates applicable to such activities to the extent such information is
			 possessed
			 by such owner.(c)Determination of
			 extension(1)In
			 generalA determination that
			 a patent is eligible for extension shall be made by the Director solely on
			 the
			 basis of the representations contained in the application for the
			 extension. If
			 the Director determines that a patent is eligible for extension under
			 subsection (a) and that the requirements of subsection (b) have been
			 complied
			 with, the Director shall issue to the applicant for the extension of the
			 term
			 of the patent a certificate of extension, under seal, for 5 years. Such
			 certificate shall be recorded in the official file of the patent and shall
			 be
			 considered as part of the original patent.(2)Interim
			 extensionIf the term of a
			 patent for which an application has been submitted under subsection (b)
			 would
			 expire before a certificate of extension is issued or denied under
			 paragraph
			 (1) respecting the application, the Director shall extend, until such
			 determination is made, the term of the patent for periods of up to one
			 year if
			 the Director determines that the patent is eligible for extension.(d)DefinitionsIn
			 this section:(1)Biological
			 productThe term biological product has the meaning
			 given to such term in section 351(i)(1) of the Public Health Service Act
			 (42
			 U.S.C. 262(i)(1)).(2)DirectorThe term Director means the
			 Under Secretary of Commerce for Intellectual Property and Director of the
			 United States Patent and Trademark Office.(3)Independent
			 innovator(A)The term
			 independent innovator means any person or entity that—(i)obtains a method
			 of use patent for a biological product; and(ii)is
			 not, at the time of invention or patent filing, affiliated with the holder
			 of a
			 marketing application approved under section 351(a) of the Public Health
			 Service Act (42 U.S.C. 262(a)) for the commercial marketing of such
			 biological
			 product.(B)For purposes of
			 subparagraph (A) and paragraph (4), the term affiliated refers to any relationship
			 of employment, control, or common ownership, whether direct or indirect,
			 including through one or more intermediaries.(4)Qualified small businessThe term qualified
small business means
any entity with fewer
than 500 employees,
including employees
of affiliates, and
which is not affiliated
with the holder of the
marketing application
approved under
section 351(a) of the
Public Health Service
Act (42 U.S.C. sec.
262(a)) for the
commercial
marketing of such
biological product.(e)Effective
			 dateThis section shall take
			 effect on the date of the enactment of this Act and shall apply to any
			 unexpired patent issued before, on, or after that effective date.


110 HR 5036 RH: Amend the title so as to read:

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

		IB
		Union Calendar No. 360
		110th CONGRESS
		2d Session
		H. R. 5036
		[Report No. 110–582, Part
		  I]
		IN THE HOUSE OF
		  REPRESENTATIVES

			January 17, 2008
			Mr. Holt (for
			 himself, Mr. Tom Davis of Virginia,
			 Mr. Wexler,
			 Mr. Emanuel,
			 Mr. Conyers,
			 Mr. Lewis of Georgia,
			 Mrs. Maloney of New York,
			 Ms. Schakowsky,
			 Mr. Waxman,
			 Mr. George Miller of California,
			 Mr. Abercrombie,
			 Mr. Inslee,
			 Ms. Baldwin,
			 Mr. Farr, Mr. Ryan of Ohio, Mr. Honda, Mr.
			 Doggett, Mr. Blumenauer,
			 Mr. Hare, Mr. Loebsack, Mr.
			 Sires, Mr. Frank of
			 Massachusetts, Mr. Weiner,
			 Mr. Berman,
			 Mr. DeFazio,
			 Ms. Hirono,
			 Mr. Grijalva,
			 Mr. Davis of Illinois,
			 Mr. Rothman,
			 Mr. Olver,
			 Mr. Fattah,
			 Mr. Doyle,
			 Ms. Kaptur,
			 Ms. Watson,
			 Mr. Hinchey,
			 Mr. Klein of Florida, and
			 Mr. Crowley) introduced the following
			 bill; which was referred to the
			 Committee on House
			 Administration, and in addition to the Committee on
			 Science and Technology,
			 for a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

			April 14, 2008
			Additional sponsors: Mrs.
			 Capps, Mr. Price of North
			 Carolina, Ms. Sutton,
			 Mr. Ellison,
			 Mr. McGovern,
			 Mrs. Tauscher,
			 Ms. Giffords,
			 Ms. Corrine Brown of Florida,
			 Mr. Boyd of Florida,
			 Mr. Thompson of California,
			 Mr. Al Green of Texas,
			 Mr. Gordon of Tennessee,
			 Mr. Levin,
			 Mr. Altmire,
			 Ms. Eddie Bernice Johnson of Texas,
			 Mr. Moran of Virginia,
			 Ms. Wasserman Schultz,
			 Mr. Wynn, Ms. Woolsey, Ms.
			 Jackson-Lee of Texas, Mr.
			 Pallone, Mr. Gene Green of
			 Texas, Ms. Kilpatrick,
			 Mr. Cooper,
			 Mr. Jackson of Illinois,
			 Ms. Clarke,
			 Mr. Pastor,
			 Mr. Chandler,
			 Mr. Becerra,
			 Mr. Cohen,
			 Mr. Kildee,
			 Mr. Patrick J. Murphy of Pennsylvania,
			 Mr. Barrow,
			 Ms. Linda T. Sánchez of California,
			 Mr. Delahunt,
			 Mr. Tierney,
			 Mr. Stark,
			 Ms. Schwartz,
			 Ms. Shea-Porter,
			 Mr. Courtney,
			 Mr. Clay, Ms. DeGette, Mr.
			 Braley of Iowa, Mr. Engel,
			 Mr. Payne,
			 Mr. Matheson,
			 Mr. Johnson of Georgia,
			 Ms. Matsui,
			 Mrs. Lowey,
			 Mr. Rangel,
			 Mr. McNulty,
			 Mr. Boucher,
			 Mr. Udall of Colorado,
			 Ms. Lee, Mr. Murtha, and Mr.
			 Snyder

			April 14, 2008
			Reported from the Committee on
			 House Administration
			 with amendments
			Strike out all after the enacting clause and insert
			 the part printed in italic

			April 14, 2008
			Committee on Science
			 and Technology discharged; committed to the Committee of the
			 Whole House on the State of the Union and ordered to be printed
			For text of introduced bill, see copy of bill as
			 introduced on January 17, 2008

		A BILL
		To direct the Administrator of General
		  Services to reimburse certain jurisdictions for the costs of obtaining paper
		  ballot voting systems for the general elections for Federal office to be held
		  in November 2008, to reimburse jurisdictions for the costs incurred in
		  conducting audits or hand counting of the results of the general elections for
		  Federal office to be held in November 2008, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Emergency Assistance for Secure
			 Elections Act of 2008.
		2.Payments to Certain
			 Jurisdictions Conducting 2008 General Elections
			(a)Reimbursement for
			 Conversion to Paper Ballot Voting System
				(1)In
			 generalThe Election
			 Assistance Commission shall pay to each eligible jurisdiction an amount equal
			 to the sum of the following:
					(A)The documented reasonable costs paid or
			 incurred by such jurisdiction to replace any voting systems used to conduct the
			 general elections for Federal office held in November 2006 that did not use or
			 produce a paper ballot verified by the voter or a paper ballot printout
			 verifiable by the voter at the time the vote is cast with paper ballot voting
			 systems.
					(B)The documented reasonable costs paid or
			 incurred by such jurisdiction to obtain non-tabulating ballot marking devices
			 that are accessible for individuals with disabilities in accordance with the
			 requirements of section 301(a)(3) of the Help America Vote Act of 2002.
					(C)The documented reasonable costs paid or
			 incurred by such jurisdiction to obtain ballot marking stations or voting
			 booths for the protection of voter privacy.
					(D)The documented reasonable
			 costs paid or incurred by such jurisdiction to obtain paper ballots.
					(E)The documented reasonable costs paid or
			 incurred by such jurisdiction to obtain precinct-based equipment that tabulates
			 paper ballots or scans paper ballots.
					(F)The documented reasonable
			 administrative costs paid or incurred by such jurisdiction that are associated
			 with meeting the requirements for an eligible jurisdiction.
					(2)Eligible jurisdiction
			 definedIn this subsection,
			 an eligible jurisdiction means a jurisdiction that submits to
			 the Commission (and, in the case of a county or equivalent jurisdiction,
			 provides a copy to the State), at such time and in such form as the Commission
			 may require, an application containing—
					(A)assurances that the jurisdiction conducted
			 regularly scheduled general elections for Federal office in November 2006 using
			 (in whole or in part) a voting system that did not use or produce a paper
			 ballot verified by the voter or a paper ballot printout verifiable by the voter
			 at the time the vote is cast;
					(B)assurances that the jurisdiction will
			 conduct the regularly scheduled general elections for Federal office to be held
			 in November 2008 using only paper ballot voting systems;
					(C)assurances that the jurisdiction has
			 obtained or will obtain a sufficient number of non-tabulating ballot marking
			 devices that are accessible for individuals with disabilities in accordance
			 with the requirements of section 301(a)(3) of the Help America Vote Act of
			 2002;
					(D)assurances that the jurisdiction has
			 obtained or will obtain a sufficient number of ballot marking stations or
			 voting booths for the protection of voter privacy;
					(E)assurances that the
			 jurisdiction has obtained or will obtain a sufficient number of paper
			 ballots;
					(F)such information and
			 assurances as the Commission may require to make the determinations under
			 paragraph (1); and
					(G)such other information
			 and assurances as the Commission may require.
					(3)Determinations of
			 reasonableness of costsThe
			 determinations under paragraph (1) of whether costs paid or incurred by a
			 jurisdiction are reasonable shall be made by the Commission.
				(4)Paper ballot voting
			 system definedIn this
			 subsection, a paper ballot voting system means a voting system
			 that uses a paper ballot marked by the voter by hand or a paper ballot marked
			 by the voter with the assistance of a non-tabulating ballot marking device
			 described in paragraph (1)(B).
				(b)Reimbursement for
			 Retrofitting of Direct Recording Electronic Voting Systems to Produce Voter
			 Verifiable Paper Records
				(1)In
			 generalThe Commission shall
			 pay to each eligible jurisdiction an amount equal to the documented reasonable
			 costs paid or incurred by such jurisdiction to retrofit direct recording
			 electronic voting systems so that the systems will produce a voter verifiable
			 paper record of the marked ballot for verification by the voter at the time the
			 vote is cast, including the costs of obtaining printers to produce the
			 records.
				(2)Eligible jurisdiction
			 definedIn this subsection,
			 an eligible jurisdiction means a jurisdiction that submits to
			 the Commission (and, in the case of a county or equivalent jurisdiction,
			 provides a copy to the State), at such time and in such form as the Commission
			 may require, an application containing—
					(A)assurances that the jurisdiction has
			 obtained or will obtain a printer for and retrofit each direct recording
			 electronic voting system used to conduct the general elections for Federal
			 office held in November 2008 so that the system will produce a voter verifiable
			 paper record of the marked ballot for verification by the voter;
					(B)such information and assurances as the
			 Commission may require to make the determinations under paragraph (1);
			 and
					(C)such other information
			 and assurances as the Commission may require.
					(3)Determination of
			 reasonableness of costsThe
			 determinations under paragraph (1) of whether costs paid or incurred by a
			 jurisdiction are reasonable shall be made by the Commission.
				(c)Reimbursement for
			 Provision of Backup Paper Ballots by Jurisdictions Using Direct Recording
			 Electronic Voting Systems
				(1)In
			 generalThe Commission shall
			 pay to each eligible jurisdiction an amount equal to the documented reasonable
			 costs paid or incurred by such jurisdiction to obtain, deploy, and tabulate
			 backup paper ballots (and related supplies and equipment) that may be used in
			 the event of the failure of a direct recording electronic voting system in the
			 regularly scheduled general elections for Federal office to be held in November
			 2008.
				(2)Eligible jurisdiction
			 definedIn this subsection,
			 an eligible jurisdiction means a jurisdiction that submits to
			 the Commission (and, in the case of a county or equivalent jurisdiction,
			 provides a copy to the State), at such time and in such form as the Commission
			 may require, an application containing—
					(A)assurances that the
			 jurisdiction will post, in a conspicuous manner at all polling places at which
			 a direct recording electronic voting system will be used in such elections, a
			 notice stating that backup paper ballots are available at the polling place and
			 that a voter is entitled to use such a ballot upon the failure of a voting
			 system;
					(B)assurances that the
			 jurisdiction counts each such backup paper ballot cast by a voter as a regular
			 ballot cast in the election, and does not treat it (for eligibility purposes)
			 as a provisional ballot under section 302(a) of the Help America Vote Act of
			 2002, unless the individual casting the ballot would have otherwise been
			 required to cast a provisional ballot;
					(C)such information and assurances as the
			 Commission may require to make the determinations under paragraph (1);
			 and
					(D)such other information
			 and assurances as the Commission may require.
					(3)Determination of
			 reasonableness of costsThe
			 determinations under paragraph (1) of whether costs paid or incurred by a
			 jurisdiction are reasonable shall be made by the Commission.
				(d)AmountsThere are authorized to be appropriated to
			 the Commission such sums as may be necessary for payments under this section.
			 Any amounts appropriated pursuant to the authorization under this subsection
			 shall remain available until expended.
			3.Payments for Conducting
			 Manual Audits of Results of 2008 General Elections
			(a)Payments
				(1)Eligibility for
			 paymentsIf a State conducts manual audits of the results of any
			 of the regularly scheduled general elections for Federal office in November
			 2008 (and, at the option of the State, conducts audits of elections for State
			 and local office held at the same time as such election) in accordance with the
			 requirements of this section, the Commission shall make a payment to the State
			 in an amount equal to the documented reasonable costs incurred by the State in
			 conducting the audits.
				(2)Certification of
			 Compliance and Costs
					(A)Certification
			 requiredIn order to receive
			 a payment under this section, a State shall submit to the Commission, in such
			 form as the Commission may require, a statement containing—
						(i)a certification that the State conducted
			 the audits in accordance with all of the requirements of this section;
						(ii)a statement of the reasonable costs
			 incurred in conducting the audits; and
						(iii)such other information
			 and assurances as the Commission may require.
						(B)Amount of
			 paymentThe amount of a
			 payment made to a State under this section shall be equal to the reasonable
			 costs incurred in conducting the audits.
					(C)Determination of
			 reasonableness of costsThe
			 determinations under this paragraph of whether costs incurred by a State are
			 reasonable shall be made by the Commission.
					(3)Timing of
			 paymentsThe Commission shall
			 make the payment required under this section to a State not later than 30 days
			 after receiving the statement submitted by the State under paragraph
			 (2).
				(4)Mandatory immediate
			 reimbursement of counties and other jurisdictionsIf a county or
			 other jurisdiction responsible for the administration of an election in a State
			 incurs costs as the result of the State conducting an audit of the election in
			 accordance with this section, the State shall reimburse the county or
			 jurisdiction for such costs immediately upon receiving the payment from the
			 Commission under paragraph (3).
				(5)Authorization of
			 appropriationsThere are authorized to be appropriated to the
			 Commission such sums as may be necessary for payments under this section. Any
			 amounts appropriated pursuant to the authorization under this subsection shall
			 remain available until expended.
				(b)Audit
			 RequirementsIn order to receive a payment under this section for
			 conducting an audit, the State shall meet the following minimum
			 requirements:
				(1)Not later than 30 days
			 before the date of the regularly scheduled general election for Federal office
			 in November 2008, the State shall establish and publish guidelines, standards,
			 and procedures to be used in conducting audits in accordance with this
			 section.
				(2)The State shall select an appropriate
			 entity to oversee the administration of the audit, in accordance with such
			 criteria as the State considers appropriate consistent with the requirements of
			 this section, except that the entity must meet a general standard of
			 independence as defined by the State.
				(3)The State shall determine
			 whether the units in which the audit will be conducted will be precincts or
			 some alternative auditing unit, and shall apply that determination in a uniform
			 manner for all audits conducted in accordance with this section.
				(4)The State shall select
			 the precincts or alternative auditing units in which audits are conducted in
			 accordance with this section in a random manner following the election after
			 the final unofficial vote count (as defined by the State) has been announced,
			 such that each precinct or alternative auditing unit in which the election was
			 held has an equal chance of being selected, subject to paragraph (9), except
			 that the State shall ensure that at least one precinct or alternative auditing
			 unit is selected in each county in which the election is held.
				(5)The audit shall be
			 conducted in not less than 2 percent of the precincts or alternative auditing
			 units in the State (in the case of a general election for the office of
			 Senator) or the Congressional district involved (in the case of an election for
			 the office of Representative in, or Delegate or Resident Commissioner to, the
			 Congress).
				(6)The State shall determine
			 the stage of the tabulation process at which the audit will be conducted, and
			 shall apply that determination in a uniform manner for all audits conducted in
			 accordance with this section, except that the audit shall commence within 48
			 hours after the State or jurisdiction involved announces the final unofficial
			 vote count (as defined by the State) in each precinct in which votes are cast
			 in the election which is the subject of the audit.
				(7)With respect to each precinct or
			 alternative audit unit audited, the State shall ensure that a voter verified
			 paper ballot or paper ballot printout verifiable by the voter at the time the
			 vote is cast is available for every vote cast in the precinct or alternative
			 audit unit, and that the tally produced by counting all of those paper ballots
			 or paper ballot printouts by hand is compared with the corresponding final
			 unofficial vote count (as defined by the State) announced with respect to that
			 precinct or audit unit in the election.
				(8)Within each precinct or alternative audit
			 unit, the audit shall include all ballots cast by all individuals who voted in
			 or who are under the jurisdiction of the precinct or alternative audit unit
			 with respect to the election, including absentee ballots (subject to paragraph
			 (9)), early ballots, emergency ballots, and provisional ballots, without regard
			 to the time, place, or manner in which the ballots were cast.
				(9)If a State establishes a separate precinct
			 for purposes of counting the absentee ballots cast in the election and treats
			 all absentee ballots as having been cast in that precinct, and if the state
			 does not make absentee ballots sortable by precinct and include those ballots
			 in the hand count described in paragraph (7) which is administered with respect
			 to that precinct, the State may divide absentee ballots into audit units
			 approximately equal in size to the average precinct in the State in terms of
			 the number of ballots cast, and shall randomly select and include at least 2
			 percent of those audit units in the audit. Any audit carried out with respect
			 to such an audit unit shall meet the same standards applicable under paragraph
			 (7) to audits carried out with respect to other precincts and alternative audit
			 units, including the requirement that all paper ballots be counted by
			 hand.
				(10)The audit shall be
			 conducted in a public and transparent manner, such that members of the public
			 are able to observe the entire process.
				(c)Collection and
			 Submission of Audit Results; Publication
				(1)State submission of
			 reportIn order to receive a payment under this section, a State
			 shall submit to the Commission a report, in such form as the Commission may
			 require, on the results of each audit conducted under this section.
				(2)Commission
			 actionThe Commission may request additional information from a
			 State based on the report submitted under paragraph (1).
				(3)PublicationThe
			 Commission shall publish each report submitted under paragraph (1) upon
			 receipt.
				(d)Delay in Certification
			 of Results by StateNo State may certify the results of any
			 election which is subject to an audit under this section prior to completing
			 the audit, resolving discrepancies discovered in the audit, and submitting the
			 report required under subsection (c).
			4.Payments for Conducting
			 Hand Counts of Results of 2008 General Elections
			(a)Payments
				(1)Eligibility for
			 paymentsIf a State, county,
			 or equivalent location tallies the results of any regularly scheduled general
			 election for Federal office in November 2008 by conducting a hand count of the
			 votes cast on the paper ballots used in the election (including paper ballot
			 printouts verifiable by the voter at the time the vote is cast) in accordance
			 with the requirements of this section, the Commission shall make a payment to
			 the State, county, or equivalent location in an amount equal to the documented
			 reasonable costs incurred by the State, county, or equivalent location in
			 conducting the hand counts.
				(2)Certification of
			 compliance and costs
					(A)Certification
			 requiredIn order to receive
			 a payment under this section, a State, county, or equivalent location shall
			 submit to the Commission (and, in the case of a county or equivalent
			 jurisdiction, shall provide a copy to the State), in such form as the
			 Commission may require, a statement containing—
						(i)a certification that the State, county, or
			 equivalent location conducted the hand counts in accordance with all of the
			 requirements of this section;
						(ii)a statement of the reasonable costs
			 incurred by the State, county, or equivalent location in conducting the hand
			 counts; and
						(iii)such other information and assurances as
			 the Commission may require.
						(B)Amount of
			 paymentThe amount of a
			 payment made to a State, county, or equivalent location under this section
			 shall be equal to the reasonable costs incurred by the State, county, or
			 equivalent location in conducting the hand counts.
					(C)Determination of
			 reasonableness of costsThe
			 determinations under this paragraph of whether costs incurred by a State,
			 county, or equivalent location are reasonable shall be made by the
			 Commission.
					(3)Timing of
			 paymentsThe Commission shall
			 make the payment required under this section to a State, county, or equivalent
			 location not later than 30 days after receiving the statement submitted by the
			 State, county, or equivalent location under paragraph (2).
				(4)Authorization of
			 appropriationsThere are
			 authorized to be appropriated to the Commission such sums as may be necessary
			 for payments under this section. Any amounts appropriated pursuant to the
			 authorization under this subsection shall remain available until
			 expended.
				(b)Hand Counts
			 Described
				(1)In
			 generalA hand count
			 conducted in accordance with this section is a count of all of the paper
			 ballots on which votes were cast in the election (including paper ballot
			 printouts verifiable by the voter at the time the vote is cast), including
			 votes cast on an early, absentee, emergency, and provisional basis, which is
			 conducted by hand to determine the winner of the election and is conducted
			 without using electronic equipment or software.
				(2)CompletenessWith respect to each jurisdiction in which
			 a hand count is conducted, the State, county, or equivalent location shall
			 ensure that a voter verified paper ballot or paper ballot printout verifiable
			 by the voter at the time the vote is cast is available for every vote cast in
			 the jurisdiction.
				(c)Process for Conducting
			 Hand Counts
				(1)In
			 generalIn order to meet the
			 requirements of this section, a hand count of the ballots cast in an election
			 shall be conducted in accordance with the following procedures:
					(A)After the closing of the
			 polls on the date of the election, the appropriate election official shall
			 secure the ballots at the polling place (or, in the case of ballots cast at any
			 other location, at the office of the chief election official of the
			 jurisdiction conducting the hand count).
					(B)Beginning at any time
			 after the expiration of the 8-hour period that begins at the time the polls
			 close on the date of the election, the jurisdiction shall conduct an initial
			 hand count of the ballots cast in the election, using the ballots which are
			 eligible to be counted in the election as of the time the polls are
			 closed.
					(C)Any ballot which is eligible to be counted
			 in the election but which is not included in the initial count conducted under
			 subparagraph (B), including a provisional ballot cast by an individual who is
			 determined to be eligible to vote in the election or an absentee ballot
			 received after the date of the election but prior to the applicable deadline
			 under State law for the receipt of absentee ballots, shall be subject to a hand
			 count in accordance with this section and added to the tally conducted under
			 subparagraph (B) not later than 48 hours after the ballot is determined to be
			 eligible to be counted.
					(D)The hand count shall be conducted by a team
			 of not fewer than 2 individuals who shall be witnessed by at least one observer
			 sitting at the same table with such individuals. Except as provided in
			 paragraph (2), all such individuals shall be election officials of the
			 jurisdiction in which the hand count is conducted. The number of such
			 individuals who are members of the political party whose candidates received
			 the greatest number of the aggregate votes cast in the regularly scheduled
			 general elections for Federal office held in the State in November 2006 shall
			 be equal to the number of such individuals who are members of the political
			 party whose candidates received the second greatest number of the aggregate
			 votes cast in the regularly scheduled general elections for Federal office held
			 in the State in November 2006.
					(E)After the completion of
			 the hand count, the ballots may be run through a tabulating machine or scanner
			 for comparison with the tally, if such a machine or scanner is available. The
			 use of the tabulating machine or scanner shall be solely to compare with the
			 tally determined by the hand count and not to substitute another tally of the
			 ballots.
					(2)Use of other
			 personnelAn individual who
			 is not an election official of the jurisdiction in which a hand count is
			 conducted under this section may serve on a team conducting the hand count or
			 may serve as an observer of a team conducting the hand count if the
			 jurisdiction certifies that the individual has completed such training as the
			 jurisdiction deems appropriate to conduct or observe the hand count (as the
			 case may be).
				(3)LocationThe hand counts conducted under this
			 section of the ballots cast in an election shall be conducted—
					(A)in the case of ballots cast at a polling
			 place on the date of the election, at the polling place at which the ballots
			 were cast; or
					(B)in the case of any other ballots, at the
			 office of the chief election official of the jurisdiction conducting the hand
			 count.
					(4)Information included in
			 resultsEach hand count
			 conducted under this section shall produce the following information with
			 respect to the election:
					(A)The vote tally for each
			 candidate.
					(B)The number of overvotes, undervotes,
			 spoiled ballots, and blank ballots cast (or their equivalents, as defined by
			 the State, county or equivalent location).
					(C)The number of write-in
			 ballots and the names written in on such ballots pursuant to State law.
					(D)The total number of
			 ballots cast.
					(E)A record of judgement
			 calls made regarding voter intent.
					(5)Public observation of
			 hand countsEach hand count
			 conducted under this section shall be conducted in a manner that allows public
			 observation of the entire process (including the opening of the ballot boxes or
			 removal of machine-printed ballots from their containers, the sorting,
			 counting, and notation of results, and the announcement of final
			 determinations) sufficient to confirm but not interfere with the
			 proceedings.
				(6)Establishment and
			 publication of proceduresPrior to the date of the regularly
			 scheduled general election for Federal office held in November 2008, a State,
			 county, or equivalent location shall establish and publish procedures for
			 carrying out hand counts under this subsection.
				(d)Application to
			 Jurisdictions Conducting Elections With Direct Recording Electronic Voting
			 Systems
				(1)Requiring systems to
			 produce voter verifiable paper recordIf a State, county, or equivalent location
			 uses a direct recording electronic voting system to conduct an election, the
			 State, county, or equivalent location may not receive a payment under this
			 section for conducting a hand count of the votes cast in the election unless
			 (in addition to meeting the other requirements applicable under this section)
			 the State, county, or equivalent location certifies to the Commission that each
			 such system produces a paper record printout of the marked ballot which is
			 verifiable by the voter at the time the vote is cast.
				(2)Treatment of paper
			 record printoutsIn applying this section to a hand count
			 conducted by a State, county, or equivalent location which provides a
			 certification to the Commission under paragraph (1), the paper record printout
			 referred to in such paragraph shall be treated as the paper ballot used in the
			 election.
				(e)Announcement and
			 Posting of ResultsUpon the
			 completion of a hand count conducted under this section, the State, county, or
			 equivalent location shall announce the results to the public and post them on a
			 public Internet site.
			(f)Use of Hand Count in
			 Certification of ResultsThe
			 State shall use the results of the hand count conducted under this section for
			 purposes of certifying the results of the election involved. Nothing in this
			 section may be construed to affect the application or operation of any State
			 law governing the recount of the results of an election.
			5.Study, Testing, and
			 Development of Products and Practices to Ensure Accessibility of Paper Ballot
			 Verification and Casting for Certain Individuals
			(a)Study, Testing, and
			 DevelopmentThe Director of
			 the National Institute of Standards and Technology (hereafter in this section
			 referred to as the Director) shall study, test, and develop
			 products and practices that ensure the accessibility of paper ballot
			 verification and casting for individuals with disabilities, for voters whose
			 primary language is not English, and for voters with difficulties in literacy,
			 including the mechanisms themselves and the processes through which the
			 mechanisms are used. In carrying out this subsection, the Director shall
			 specifically investigate existing and potential methods or devices, including
			 non-electronic devices, that will assist such individuals and voters in
			 creating voter-verified paper ballots, presenting or transmitting the
			 information printed or marked on such ballots back to such individuals and
			 voters in an accessible form, and enabling the voters to cast the
			 ballots.
			(b)ReportNot
			 later than June 30, 2009, the Director shall submit a report to Congress on the
			 results of the studying, testing, and development of products and practices
			 under subsection (a).
			(c)Authorization of
			 AppropriationsThere are
			 authorized to be appropriated to the Director such sums as may be necessary to
			 carry out this section, to remain available until expended.
			6.DefinitionsIn this Act—
			(1)the term
			 Commission means the Election Assistance Commission; and
			(2)the term
			 State includes the District of Columbia, the Commonwealth of
			 Puerto Rico, Guam, American Samoa, and the United States Virgin Islands.
			Amend the title so as to read:
	 A bill to direct the Election Assistance Commission to reimburse certain
	 jurisdictions for the costs of obtaining paper ballot voting systems for the
	 general elections for Federal office to be held in November 2008, to reimburse
	 jurisdictions for the costs incurred in conducting audits or hand counting of
	 the results of the general elections for Federal office to be held in November
	 2008, and for other purposes..

		April 14, 2008
		Committee on Science
		  and Technology discharged; committed to the Committee of the
		  Whole House on the State of the Union and ordered to be printed


116 HR 3118 IH: Clean Up Congress Act
U.S. House of Representatives
2019-06-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3118IN THE HOUSE OF REPRESENTATIVESJune 5, 2019Mrs. Axne introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, and Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title 18, United States Code, to prohibit former Members of Congress from lobbying
			 Congress, to prohibit the use of official funds for airline accommodations
			 for Members of Congress which are not coach-class accommodations, and to
			 prohibit a cost-of-living adjustment in the pay rates for Members of
			 Congress during any year following a Federal budget deficit.

 1.Short titleThis Act may be cited as the Clean Up Congress Act. 2.Prohibiting former Members of Congress from lobbying Congress (a)Prohibition (1)Former SenatorsSubparagraph (A) of section 207(e)(1) of title 18, United States Code, is amended by striking within 2 years after that person leaves office and inserting at any time after that person leaves office.
 (2)Former Members of the House of RepresentativesParagraph (1) of section 207(e) of such title is amended by striking subparagraph (B) and inserting the following:

 (B)Members of the House of RepresentativesAny person who is a Member of the House of Representatives and who, at any time after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress and any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Member seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title.
 (C)Officers of the House of RepresentativesAny person who is an elected officer of the House of Representatives and who, within 1 year after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of the House of Representatives, on behalf of any other person (except the United States) in connection with any matter on which such former elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title..
 (b)Effective dateThe amendments made by this section shall apply with respect to any individual who, on or after the date of the enactment of this Act, leaves an office to which section 207(e)(1) of title 18, United States Code, applies.
			3.Prohibiting use of funds for official travel expenses of Members of Congress for airline
			 accommodations other than coach-class
			(a)Prohibition
 (1)ProhibitionNo funds appropriated or otherwise made available during a fiscal year for the official travel expenses of a Member of Congress may be used for airline accommodations which are not coach-class accommodations.
 (2)Coach-class accommodations definedIn this section, the term coach-class accommodations means the basic class of accommodation by airlines that is normally the lowest fare offered regardless of airline terminology used, and (as referred to by airlines) may include tourist class or economy class, as well as single class when the airline offers only one class of accommodations to all travelers.
 (b)RegulationsThe Committee on House Administration of the House of Representatives (with respect to Representatives in, and Delegates and the Resident Commissioner to, the Congress) and the Committee on Rules and Administration of the Senate (with respect to Senators) shall each promulgate such regulations as may be necessary to carry out this section.
 (c)Member of Congress definedIn this section, the term Member of Congress means a Senator or a Representative in, or Delegate or Resident Commissioner to, the Congress. (d)Effective dateThis section shall apply with respect to expenses incurred on or after the date of the enactment of this Act.
			4.Prohibiting adjustment in pay rates for Members of Congress in year following budget deficit
 (a)In generalSection 601(a)(2) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501(2)) is amended by adding at the end the following:

 (C)An adjustment in rates of pay may be made under this paragraph in a year only if the aggregate outlays of the United States during the last completed fiscal year did not exceed the aggregate receipts of the United States during such fiscal year, as determined by the Congressional Budget Office..
 (b)Conforming amendmentSection 601(a)(2)(A) of such Act (2 U.S.C. 4501(2)(A)) is amended by striking Subject to subparagraph (B), and inserting Subject to subparagraphs (B) and (C),.


		II
		112th CONGRESS
		1st Session
		S. 541
		IN THE SENATE OF THE UNITED STATES

			March 10, 2011
			Mr. Bennet (for himself,
			 Mr. Alexander, Mr. Franken, and Mr.
			 Burr) introduced the following bill; which was read twice and
			 referred to the Committee on Health,
			 Education, Labor, and Pensions

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to allow State educational agencies, local educational agencies, and
		  schools to increase implementation of schoolwide positive behavioral
		  interventions and supports and early intervening services in order to improve
		  student academic achievement, reduce overidentification of individuals with
		  disabilities, and reduce disciplinary problems in schools, and to improve
		  coordination with similar activities and services provided under the
		  Individuals with Disabilities Education Act.

		1.Short
			 titleThis Act may be cited as
			 the Achievement Through Prevention
			 Act.
		2.PurposeThe purpose of this Act is to expand the use
			 of positive behavioral interventions and supports and early intervening
			 services in schools in order to improve student academic achievement, reduce
			 overidentification of individuals with disabilities, and reduce disciplinary
			 problems in schools.
		3.Amendments to
			 the Elementary and Secondary Education Act of 1965
			(a)Title I State
			 plansSection 1111(b) of the Elementary and Secondary Education
			 Act of 1965 (20 U.S.C. 6311(b)) is amended by adding at the end the
			 following:

					(11)Positive
				behavioral interventions and supportsIn the case of a State that
				proposes to use funds under this part to support positive behavioral
				interventions and supports, the State plan shall describe how the State
				educational agency will—
						(A)assist local
				educational agencies in implementing positive behavioral interventions and
				supports in schools served by the local educational agency on a whole-school
				basis;
						(B)provide technical
				assistance and training to local educational agencies to improve and support
				the development, implementation, and coordination of comprehensive positive
				behavioral interventions and supports carried out under this Act with similar
				activities carried out under the Individuals with Disabilities Education Act;
				and
						(C)evaluate the
				effects of providing positive behavioral interventions and supports.
						(12)Early
				intervening servicesIn the case of a State that proposes to use
				funds under this part to support early intervening services, the State plan
				shall describe how the State educational agency will—
						(A)assist local
				educational agencies in implementing early intervening services in schools
				served by the local educational agency to reduce the need to label children as
				disabled in order to address the learning and behavioral needs of such
				children;
						(B)provide technical
				assistance and training to local educational agencies to improve coordination
				of early intervening services provided under this Act with similar early
				intervening services carried out under the Individuals with Disabilities
				Education Act; and
						(C)evaluate the
				effects of providing early intervening
				services.
						.
			(b)Title I State
			 reportsSection 1111(h)(1)(C) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6311(h)(1)(C)) is amended—
				(1)in clause (vii),
			 by striking and after the semicolon;
				(2)in clause (viii),
			 by striking the period and inserting a semicolon; and
				(3)by adding at the
			 end the following:

						(ix)the number of
				local educational agencies in the State that implement positive behavioral
				interventions and supports; and
						(x)the number of
				students—
							(I)who are served
				through the use of early intervening services; and
							(II)who in the
				preceding 2-year period, received early intervening services and who, after
				receiving such services, have been identified as eligible for, and receive,
				special education and related services under part B of the Individuals with
				Disabilities Education
				Act.
							.
				(c)Title I local
			 educational agency plansSection 1112(b)(1) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6312(b)(1)) is amended—
				(1)in subparagraph
			 (P), by striking and after the semicolon;
				(2)in subparagraph
			 (Q), by striking the period and inserting a semicolon; and
				(3)by adding at the
			 end the following:

						(R)if the local
				educational agency proposes to use subgrant funds under this part for positive
				behavioral interventions and supports, a description of the actions the local
				educational agency will take to provide positive behavioral interventions and
				supports and coordinate those activities with similar activities carried out
				under the Individuals with Disabilities Education Act; and
						(S)if the local
				educational agency proposes to use subgrant funds under this part for early
				intervening services, a description of the actions the local educational agency
				will take to provide early intervening services and coordinate those services
				with similar early intervening services carried out under the Individuals with
				Disabilities Education
				Act.
						.
				(d)Title I
			 schoolwide programs
				(1)Schoolwide
			 programsSection 1114(b)(1)(B)(iii)(I) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6314(b)(1)(B)(iii)(I)) is
			 amended—
					(A)by redesignating
			 items (bb) and (cc) as items (dd) and (ee), respectively; and
					(B)by inserting
			 after item (aa) the following:

							(bb)implementation of schoolwide positive
				behavioral interventions and supports, including through coordination with
				similar activities carried out under the Individuals with Disabilities
				Education Act, in order to improve academic outcomes for students and reduce
				the need for suspensions, expulsions, referrals to law enforcement, and other
				actions that remove students from instruction;
							(cc)implementation of early intervening
				services, including through coordination with similar early intervening
				services carried out under the Individuals with Disabilities Education
				Act;
							.
					(2)Technical
			 assistanceSection 1116(b)(4)(B) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6316(b)(4)(B)) is amended—
					(A)by redesignating
			 clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
					(B)by inserting
			 after clause (ii) the following:

							(iii)shall include
				assistance in the implementation of schoolwide positive behavior supports and
				other approaches with evidence of effectiveness for improving the learning
				environment in the school and reducing the need for suspensions, expulsions,
				and other actions that remove students from instruction, including effective
				strategies for improving coordination of community
				resources;
							.
					(e)Title I
			 assessments and school improvement
				(1)School
			 improvement planSection 1116(b)(3)(A) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6316(b)(3)(A)) is amended—
					(A)in clause (ix),
			 by striking and after the semicolon;
					(B)in clause (x), by
			 striking the period and inserting a semicolon; and
					(C)by adding at the
			 end the following:

							(xi)specify whether
				the local educational agency or the school will adopt and implement policies or
				practices to implement or improve positive behavioral interventions and
				supports and enhance coordination with similar activities carried out under the
				Individuals with Disabilities Education Act; and
							(xii)specify whether
				the local educational agency or the school will adopt and implement policies or
				practices to implement or improve early intervening services and coordinate
				with similar early intervening services carried out under the Individuals with
				Disabilities Education
				Act.
							.
					(2)Local
			 educational agency improvement plansSection 1116(c)(10)(C) of
			 the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(c)(10)(C))
			 is amended by adding at the end the following:

						(vii)Improving or
				expanding positive behavioral interventions and supports and enhancing
				coordination with similar activities under the Individuals with Disabilities
				Education Act.
						(viii)Improving or
				expanding early intervening services and coordinating such services with
				similar early intervening services carried out under the Individuals with
				Disabilities Education
				Act.
						.
				(f)Title I school
			 support and recognition
				(1)Regional
			 centersSection 1117(a)(3) of the Elementary and Secondary
			 Education Act of 1965 (20 U.S.C. 6317(a)(3)) is amended—
					(A)by striking
			 of 2002 and comprehensive and inserting of 2002,
			 comprehensive;
					(B)by striking
			 and the comprehensive and inserting , the
			 comprehensive; and
					(C)by inserting
			 and any technical assistance center on schoolwide positive behavioral
			 interventions and supports funded under section 665(b) of the Individuals with
			 Disabilities Education Act, after 2002),.
					(2)Statewide
			 systems for supportSection 1117(a)(5)(B) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6317(a)(5)(B)) is amended—
					(A)in clause (i), by
			 striking the semicolon at the end and inserting the following: “, including by
			 improving or expanding the use of positive behavioral interventions and
			 supports aligned with similar activities carried out under the Individuals with
			 Disabilities Education Act;”;
					(B)in clause (iii),
			 by striking and after the semicolon;
					(C)in clause (iv),
			 by striking the period and inserting a semicolon; and
					(D)by adding at the
			 end the following:

							(v)review and
				analyze the school’s efforts to identify and assist students with poor academic
				achievement and students with disabilities, and assist the school in developing
				or improving early intervening services that are coordinated with similar
				activities carried out under the Individuals with Disabilities Education
				Act;
							(vi)review and
				analyze the school’s efforts to address behavioral or disciplinary problems,
				and assist the school in developing or improving schoolwide positive behavioral
				interventions and supports that are coordinated with similar activities carried
				out under the Individuals with Disabilities Education Act; and
							(vii)review the
				number of discipline incidents in the school and use that information to assist
				the school to implement schoolwide positive behavioral interventions and
				supports or other early intervening services, or
				both.
							.
					(g)Title I
			 parental involvementSection 1118(e) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6318(e)) is amended—
				(1)by redesignating
			 paragraphs (6) through (14) as paragraphs (7) through (15), respectively;
			 and
				(2)by inserting
			 after paragraph (5) the following:

						(6)shall provide
				information to school personnel, students, and parents about the school’s use
				of positive behavioral interventions and supports and the expectations of
				school personnel, students, and parents in supporting a safe learning
				environment for all
				students;
						.
				(h)Prevention and
			 intervention programsSection 1414(c)(8) of the Elementary and
			 Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is amended by inserting
			 “, including coordinating the use of positive behavioral interventions and
			 supports and early intervening services to improve academic achievement and
			 reduce disciplinary actions” before the semicolon at the end.
			(i)Technical
			 assistanceSection 1419 of the Elementary and Secondary Education
			 Act of 1965 (20 U.S.C. 6439) is amended—
				(1)in paragraph (1),
			 by striking and after the semicolon;
				(2)in paragraph (2),
			 by striking the period and inserting ; and; and
				(3)by adding at the
			 end the following:

						(3)to provide
				technical assistance in implementing positive behavior interventions and
				supports and early intervening services in order to improve academic
				achievement and reduce disciplinary
				actions.
						.
				(j)DefinitionSection
			 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) is
			 amended—
				(1)by redesignating
			 paragraphs (17) through (43) as paragraphs (18) through (44), respectively;
			 and
				(2)by inserting
			 after paragraph (16) the following:

						(17)Early
				intervening servicesThe term early intervening
				services means early intervening services described in section 613(f)(1)
				of the Individuals with Disabilities Education
				Act.
						.


115 HR 6230 IH: PSLF Administrative Improvements Act
U.S. House of Representatives
2020-03-12
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.

I116th CONGRESS2d SessionH. R. 6230IN THE HOUSE OF REPRESENTATIVESMarch 12, 2020Mr. Brendan F. Boyle of Pennsylvania (for himself and Mr. Joyce of Ohio) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Public Service Loan Forgiveness Program under the Higher Education Act of 1965 to require an on-line portal, and for other purposes.1.Short titleThis Act may be cited as the PSLF Administrative Improvements Act.2.Additional public service loan forgiveness program requirements for the Secretary of EducationSection 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)) is amended by adding at the end the following: (5)Database of public service jobs and ECF(A)In generalNot later than 18 months after the date of enactment of the PSLF Administrative Improvements Act, the Secretary shall—(i)establish and maintain a publicly accessible database of public service employers, which shall include information required for the process for completion of the employment certifications forms required under this subsection; and(ii)ensure that such employment certification forms are available in languages other than English.(B)Employer definedFor purposes of this subsection, the term public service employer has the meaning given the term public service organization in section 685.219(b) of title 34, Code of Federal Regulations (or successor regulations). (6)Notice of PSLF requirements(A)EmployersWith respect to each employer whose contact information is maintained in the database described in paragraph (5), the Secretary shall, on an annual basis and in a manner that is consistent with Federal laws on data privacy—(i)provide each such employer with standardized information on the program under this subsection, including eligibility requirements; and(ii)encourage the employer to provide such information to new employees.(B)Institutions of higher educationWith respect to each institution of higher education participating in any program under this title, the Secretary shall, on an annual basis, provide each such institution with standardized information on the program under this subsection, including eligibility requirements.(C)BorrowersWith respect to each borrower who was denied loan cancellation under this subsection, the Secretary shall—(i)without any further action by the borrower and subject to the limitation on total loan volume specified under section 315 of title III of division H of the Consolidation Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 752 et seq.) and the availability of appropriations for such section 315, determine whether the borrower qualifies for the loan cancellation program under such section 315, and if so, cancel the borrower’s loans in accordance with such program; and (ii)in a case in which a borrower’s loans were not cancelled under clause (i), notify the borrower of other options (such as loan consolidation) to qualify for loan cancellation under this subsection, and how to successfully pursue such options.(7)Data matching agreements(A)In generalThe Secretary shall enter into data matching agreements with relevant Federal agencies who possess records about the status of borrowers of loans made under this part as employees of public service employers for the purpose of eliminating, to the extent practicable, the need for a borrower or an employer to submit a certification of employment to the Secretary.(B)Specific Federal agenciesNotwithstanding any Federal law, the Secretary of Labor, the Commissioner of Internal Revenue, and the Commissioner of Social Security shall disclose any relevant records to the Secretary for the purposes of meeting the Secretary’s obligations to reduce barriers to certification of employment as described in subparagraph (A).(C)Notice to borrowersIf the Secretary receives employer or employment information regarding a borrower from a Federal agency pursuant to this paragraph, the Secretary shall timely notify the borrower that—(i)the Secretary received the information; and(ii)the borrower, for the duration of the borrower's employment by the employer—(I)is not required to submit a certification of employment for the employer under paragraph (8); or(II)if the information is not complete, only needs to submit a reduced set of information to the Secretary for the certification of employment.(8)On-line portal(A)BorrowersNot later than 18 months after the date of enactment of the PSLF Administrative Improvements Act, the Secretary shall ensure that borrowers have access to an on-line portal that provides each borrower who signs on to such portal with the following: (i)Instructions on how to access the database under paragraph (5) so that the borrower can determine whether the borrower is employed in a public service job. (ii)An identification of the loans of the borrower that are eligible Federal Direct Loans.(iii)With respect to each such eligible Federal Direct Loan, the number of monthly payments on such loan that qualify as a monthly payment under paragraph (1)(A), and the estimated number of monthly payments under paragraph (1)(A) remaining on such loan before the borrower may be eligible for loan cancellation under this subsection. (iv)With respect to each loan of the borrower that is not eligible for loan cancellation under this subsection, an explanation of why the loan is not so eligible and instructions on how what, if anything, the borrower may do to make the loan so eligible. (v)Instructions for the submission of any forms associated with such loan cancellation, and an ability for the borrower to use the portal to electronically sign and submit such forms. (B)EmployersThe Secretary shall ensure that an employer of a borrower has the ability to electronically sign and submit any forms associated with loan cancellation under this subsection. (C)InformationThe Secretary shall ensure that any information provided through the on-line portal described in this paragraph—(i)is up-to-date information; and(ii)that such information is also provided in a written-format through email or regular mail, if so requested by the borrower or employer.(9)Standard proceduresNot later than 180 days after the date of enactment of the PSLF Administrative Improvements Act, the Secretary shall develop and make publicly available the procedures the Secretary (including the contractors and servicers involved) uses to determine whether a borrower meets the requirements for loan cancellation under this subsection.(10)Annual reportThe Secretary shall submit to the authorizing committees, an annual report with respect to the preceding fiscal year, on—(A)the number of borrowers who received loan cancellation under this subsection, and the number of such borrowers whose application for such loan cancellation had been previously rejected;(B)the number of borrowers whose application for loan cancellation under this subsection was rejected, and a description of why each such application was so rejected, disaggregated by category of public service job listed in question 13 of the employment certification form required under this subsection (as in effect on the date of enactment of the PSLF Administrative Improvements Act); (C)the number of borrowers whose application for loan cancellation under this subsection had been rejected and who contacted the Secretary to determine how to qualify for such loan cancellation or for the loan cancellation program under section 315 of title III of division H of the Consolidation Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 752 et seq.); and(D)the reasons why a payment made on a loan did not qualify as one of the 120 monthly payments under paragraph (1)(A).. 3.Clarification of TEPSLFA borrower may qualify for loan cancellation under section 315 of title III of division H of the Consolidation Appropriations Act, 2018 (Public Law 115–141; 132 Stat. 752 et seq.), regardless of whether the borrower has been rejected for loan cancellation under section 455(m) of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)).


114 S1518 RS: Reinforcing American-Made Products Act of 2015
U.S. Senate
2015-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 381114th CONGRESS2d SessionS. 1518[Report No. 114–221]IN THE SENATE OF THE UNITED STATESJune 4, 2015Mr. Lee (for himself, Mrs. Fischer, Mr. King, Ms. Collins, and Mrs. Capito) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationMarch 7, 2016Reported by Mr. Thune, without amendmentA BILLTo make exclusive the authority of the Federal Government to regulate the labeling of products made
			 in the United States and introduced in interstate or foreign commerce, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Reinforcing American-Made Products Act of 2015. 2.Exclusivity of Federal authority to regulate labeling of products made in the United States and introduced in interstate or foreign commerceSection 320933 of the Violent Crime Control and Law Enforcement Act of 1994 (15 U.S.C. 45a) is amended—
 (1)in the first sentence, by striking To the extent and inserting the following:  (a)In generalTo the extent;
 (2)by adding at the end the following:  (b)Effect on State lawThe provisions of this section shall supersede any provisions of the law of any State relating to the extent to which a product is introduced, delivered for introduction, sold, advertised, or offered for sale in interstate or foreign commerce with a Made in the U.S.A. or Made in America label, or the equivalent thereof, in order to represent that such product was in whole or substantial part of domestic origin.; and
 (3)in the third sentence of subsection (a), as designated by paragraph (1), by striking Nothing in this section and inserting Except as provided in subsection (b), nothing in this section.March 7, 2016Reported without amendment


116 HR 4964 IH: Paid Family Leave Pilot Extension Act
U.S. House of Representatives
2019-10-31
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. 4964IN THE HOUSE OF REPRESENTATIVESOctober 31, 2019Mr. Kelly of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Internal Revenue Code of 1986 to extend the employer credit for paid family and
			 medical leave, and for other purposes.

 1.Short titleThis Act may be cited as the Paid Family Leave Pilot Extension Act. 2.Extension of employer credit for paid family and medical leave (a)Program extensionSection 45S(i) of the Internal Revenue Code of 1986 is amended by striking December 31, 2019 and inserting December 31, 2022.
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2019. 3.Employer requirements for rate of payment (a)In generalSubsection (c) of section 45S of the Internal Revenue Code of 1986 is amended—
 (1)in paragraph (1)(B), by inserting after the first sentence the following: For purposes of determining the rate of payment under the program, any family and medical leave which is paid by a State or local government or required by State or local law, determined as a percentage of the wages normally paid to such employee for services performed for the employer, shall be taken into account., and
 (2)in paragraph (4)— (A)by striking For purposes of this section, any and inserting Any, and
 (B)by striking amount of paid family and medical leave provided by the employer and inserting wages taken into account under subsection (a). (b)Effective dateThe amendments made by this section shall take effect as if included in section 13403 of Public Law 115–97.
			4.Technical corrections
 (a)In generalSection 45S of the Internal Revenue Code of 1986 is amended— (1)in subsection (b)(1), by striking credit allowed and inserting wages taken into account,
 (2)in subsection (c), by striking paragraph (3) and inserting the following:  (3)Aggregation rule (A)In generalExcept as provided in subparagraph (B), all persons which are treated as a single employer under subsections (b) and (c) of section 414 shall be treated as a single employer.
							(B)Exception
 (i)In generalSubparagraph (A) shall not apply to any person who establishes to the satisfaction of the Secretary that such person has a substantial and legitimate business reason for failing to provide a written policy described in paragraph (1) or (2).
 (ii)Substantial and legitimate business reasonFor purposes of clause (i), the term substantial and legitimate business reason shall not include the operation of a separate line of business, the rate of wages or category of jobs for employees (or any similar basis), or the application of State or local laws relating to family and medical leave, but may include the grouping of employees of a common law employer., and
 (3)in subsection (d)(2), by inserting , as determined on an annualized basis (pro-rata for part-time employees), after compensation. (b)Effective dateThe amendments made by this section shall take effect as if included in section 13403 of Public Law 115–97.
			5.GAO study of impact of tax credit to promote access to paid family and medical leave
 (a)StudyNot later than June 30, 2022, the Comptroller General of the United States, in consultation with the Secretary of the Treasury and the Secretary of Labor, shall—
 (1)complete a study that— (A)examines the effectiveness of the tax credit for paid family and medical leave authorized under section 45S of the Internal Revenue Code of 1986 in terms of—
 (i)increasing access to paid family and medical leave among qualifying employees; (ii)promoting the creation of new paid family and medical leave policies among eligible employers;
 (iii)increasing the generosity of existing paid family and medical leave policies among eligible employers; and
 (iv)incenting employee or employer behavior that might not otherwise have occurred in the absence of the credit;
 (B)provides recommendations for ways to modify or enhance the tax credit to further promote access to paid family and medical leave for qualifying employees; and
 (C)provides suggestions of alternative policies that Federal and State governments could implement to increase access to paid family and medical leave, particularly among qualifying employees; and
 (2)prepare and submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives setting forth the conclusions of the study conducted under paragraph (1) in such a manner that the recommendations included in the report can inform future legislative action.
				Such report shall also be made publicly available via the website of the Government Accountability
 Office.(b)ProhibitionIn carrying out the requirements of this section, the Comptroller General of the United States may request qualitative and quantitative information from employers and employees claiming the credit under section 45S of the Internal Revenue Code of 1986, but nothing in this section shall be construed as mandating additional reporting requirements for such employers or employees beyond what is already required by law.