		II
		111th CONGRESS
		1st Session
		S. 1913
		IN THE SENATE OF THE UNITED STATES

			October 26, 2009
			Mr. Roberts introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on resin
		  cement based on calcium carbonate and silicone resins.

		1.Resin cement based on calcium
			 carbonate and silicone resins
			(a)In
			 generalHeading 9902.22.62 of
			 the Harmonized Tariff Schedule of the United States (relating to resin cement
			 based on calcium carbonate and silicone resins) is amended by striking the date
			 in the effective period column and inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


		I
		111th CONGRESS
		1st Session
		H. R. 1759
		IN THE HOUSE OF REPRESENTATIVES

			March 26, 2009
			Mr. Inslee (for
			 himself and Mr. Doyle) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To distribute emission allowances under a domestic
		  cap-and-trade program to facilities in certain domestic energy-intensive
		  industrial sectors and subsectors to prevent an increase in greenhouse gas
		  emissions by manufacturing facilities located in countries without commensurate
		  greenhouse gas regulation, and for other purposes.

		1.Short titleThis Act may be cited as the
			 EMPLOY Act or
			 the Emission Migration Prevention with
			 Long-term Output Yields Act.
		2.FindingsThe Congress finds the following:
			(1)All domestic and foreign industries should
			 contribute to climate stabilization.
			(2)Domestic producers of certain
			 energy-intensive products subject to international competition present a unique
			 challenge for United States climate policy because the increased costs
			 associated with compliance may unintentionally cause domestic industry to
			 divert new investments and production to facilities located in countries
			 without commensurate greenhouse gas regulation.
			(3)Without exempting any industries, the
			 United States must move forward with economy-wide action on climate change
			 while reducing incentives for producers to relocate to unregulated countries,
			 which could displace both jobs and emissions.
			(4)International agreements are the most
			 appropriate means to reduce emissions from energy-intensive industries because
			 unilateral domestic efforts to reduce greenhouse gas emissions could accelerate
			 the relocation of energy-intensive manufacturing abroad.
			(5)Carbon leakage can be mitigated
			 substantially through the output-based distribution of emission
			 allowances.
			(6)Output-based emission allowance
			 distribution is an appropriate temporary measure that should complement other
			 targeted domestic and international policies and agreements meant to encourage
			 United States trading partners to substantially reduce global greenhouse gas
			 emissions.
			3.PurposesThe purposes of this Act are as
			 follows:
			(1)To compensate the owners and operators of
			 facilities in eligible domestic industrial sectors and subsectors for carbon
			 emission costs incurred under any domestic cap-and-trade program.
			(2)To limit compensation to the owners and
			 operators of facilities in eligible industrial sectors and subsectors to an
			 amount of emission allowances that will prevent carbon leakage while also
			 rewarding innovation and facility-level investments in energy efficiency
			 performance improvements.
			(3)To provide
			 compensation to the owners and operators of facilities in eligible industrial
			 sectors and subsectors for both the direct and indirect costs of purchasing
			 emission allowances needed for compliance with a domestic cap-and-trade
			 program, but not for costs associated with other related or unrelated market
			 dynamics.
			(4)To prevent carbon
			 leakage resulting from direct and indirect compliance costs incurred under a
			 domestic cap-and-trade program.
			(5)To eliminate or reduce emission allowance
			 distribution under this Act when such distribution is no longer necessary to
			 prevent carbon leakage from eligible sectors or subsectors.
			4.DefinitionsIn this Act:
			(1)The term
			 Administrator means the Administrator of the Environmental
			 Protection Agency.
			(2)The term
			 cap-and-trade program means an economy-wide program enacted by
			 Congress that distributes or auctions emission allowances for the control of
			 greenhouse gas emissions under the Clean Air Act.
			(3)The term
			 carbon dioxide equivalent means, for each greenhouse gas, the
			 quantity of greenhouse gas that the Administrator determines makes the same
			 contribution to global warming as 1 metric ton of carbon dioxide.
			(4)The term carbon leakage means
			 any substantial increase (as determined by the Administrator) in greenhouse gas
			 emissions by manufacturing facilities located in countries without commensurate
			 greenhouse gas regulation which increase is caused by an incremental cost of
			 production increase in the United States as a result of a domestic
			 cap-and-trade program.
			(5)The term
			 covered facility means, for each calendar year, a facility that
			 emits greenhouse gases in that year and that has an obligation to submit
			 emission allowances for such greenhouse gas emissions under any cap-and-trade
			 program.
			(6)The term
			 emission allowance means an authorization, under any cap-and-trade
			 program, to emit 1 carbon dioxide equivalent of greenhouse gas.
			(7)The term
			 facility means 1 or more buildings, structures, or installations
			 of an entity on 1 or more contiguous or adjacent properties located in the
			 United States.
			(8)The term
			 greenhouse gas means any gas designated as a greenhouse gas under
			 a cap-and-trade program.
			(9)The term output means the
			 total tonnage or other standard unit of production (as determined by the
			 Administrator) produced by a manufacturing facility.
			(10)The term
			 vintage year means the calendar year for which an emission
			 allowance is established under a domestic cap-and-trade program.
			(11)The term
			 NAICS means the 2007 North American Industrial Classification
			 System.
			5.Distribution of
			 Emission Allowances to certain energy-intensive manufacturing
			 facilities
			(a)Distribution of
			 emission allowances
				(1)In
			 generalThe Administrator shall annually distribute emission
			 allowances, in amounts calculated under subsection (c), to the owners and
			 operators of facilities in eligible industrial sectors and subsectors
			 designated under subsection (b), subject to the maximum quantity limitation
			 established under paragraph (2) of this subsection.
				(2)MaximumThe maximum quantity of emission allowances
			 distributed under paragraph (1) each year shall equal 15 percent of the total
			 quantity of allowances distributed or auctioned during the first year under a
			 cap-and-trade program for which allowances are required to be submitted under
			 such program. If the total allowances calculated under subsection (c) exceed
			 such maximum, the Administrator shall reduce the amount distributed to owners
			 and operators under paragraph (1) on a pro rata basis.
				(b)Eligible
			 industrial sectors and subsectors
				(1)In
			 generalNot later than
			 January 1, 2011, the Administrator shall promulgate a rule designating, based
			 on the criteria under paragraph (2), the industrial sectors and subsectors in
			 which an owner or operator of a facility in such a sector or subsector may
			 receive emission allowances under this Act.
				(2)Presumptively
			 eligible sectors and subsectorsAn owner or operator of a facility shall
			 receive emission allowances under subsection (a) if such facility is in a
			 sector or subsector that is included in a six-digit classification of the NAICS
			 and that meets either the energy intensity criteria or greenhouse gas intensity
			 criteria under subparagraph (A) (or both the energy intensity criteria and
			 greenhouse gas criteria under subparagraph (A)) and the trade intensity
			 criteria under subparagraph (B). The Administrator, in consultation with other
			 Federal agencies, as appropriate, may rescind the eligibility of a sector or
			 subsector only if the Administrator determines, after notice and opportunity
			 for public comment, that such sector or subsector does not meet the energy
			 intensity criteria or the greenhouse gas intensity criteria under subparagraph
			 (A) and the trade intensity criteria under subparagraph (B), and such sector or
			 subsector would not be subject to carbon leakage in the absence of the
			 allowance distribution under this section.
					(A)Energy intensity
			 or greenhouse gas intensity
						(i)Energy
			 IntensityThe sector or subsector has an energy intensity of at
			 least 5 percent, calculated by dividing the cost of the purchased electricity
			 and fuel costs of the sector or subsector by the value of the shipments of the
			 sector or subsector, based on data described in subparagraph (C).
						(ii)Greenhouse gas
			 intensityThe sector or subsector has a greenhouse gas intensity
			 of at least 5 percent, calculated by dividing 40 times the tons of carbon
			 dioxide equivalent greenhouse gas emissions (including direct emissions from
			 fuel combustion, process emissions, and indirect emissions from the generation
			 of electricity used to produce output) of the sector or subsector by the value
			 of the shipments of the sector or subsector, based on data described in
			 subparagraph (C) from the most recent calendar year for which reliable data is
			 available. When calculating the greenhouse gas intensity, the Administrator
			 may, to the extent necessary, use economic and engineering models and the best
			 available information on technology performance levels for such sector or
			 subsector.
						(B)Trade
			 intensityThe sector or
			 subsector has a trade intensity of at least 15 percent, calculated by dividing
			 the value of the total imports and exports of such sector or subsector by the
			 value of the shipments plus the value of imports of such sector or subsector,
			 based on data described in subparagraph (C).
					(C)Data
			 sources
						(i)Electricity and
			 Fuel Costs, Value of ShipmentsFor purposes of this subsection,
			 the Administrator shall determine electricity and fuel costs and the value of
			 shipments for data from years 2006, 2007, or 2008 from the United States Census
			 of Mineral Industries and the United States Census Annual Survey of
			 Manufacturers, or, if such data is unavailable, from data from the 2002 or 2006
			 Energy Information Agency’s Manufacturing Energy Consumption Survey and the
			 2002 or 2007 Economic Census of the United States. The Administrator shall use
			 data from the most detailed industrial classification level if such data is
			 available. If data are unavailable for any sector or subsector at the six-digit
			 classification level in the NAICS, then the Administrator may extrapolate the
			 information necessary to determine the eligibility of a sector or subsector
			 under this paragraph from available data pertaining to a broader industrial
			 category classified in the NAICS.
						(ii)Imports and
			 ExportsFor purposes of this subsection, the Administrator shall
			 establish the value of imports and exports by using United States International
			 Trade Commission data.
						(iii)PercentagesThe
			 Administrator shall round the energy intensity and greenhouse gas intensity
			 percentages under subparagraph (A) and the trade intensity percentage under
			 subparagraph (B) to the nearest whole number.
						(iv)Greenhouse gas
			 intensity dataTo determine
			 greenhouse gas intensity under subparagraph (A), the Administrator may use the
			 Bureau of Economic Analysis Benchmark Input-Output Accounts or the 2002 or 2006
			 Energy Information Agency’s Manufacturing Energy Consumption Survey. The
			 Administrator shall use emissions data from a United States Registry of
			 Greenhouse Gas Emissions for the purposes of determining eligibility under this
			 subsection when such data becomes available.
						(v)Metal Production
			 Classified under more than one NAICS CodeIn determining eligibility under this
			 subsection, the Administrator shall—
							(I)aggregate data for
			 the beneficiation or other processing of metal ores with subsequent steps in
			 the process of metal manufacturing regardless of the NAICS code under which
			 such activity is classified; and
							(II)aggregate data for the manufacturing of
			 steel with the manufacturing of steel pipe and tube made from purchased steel
			 in a non-integrated process.
							(3)Individual
			 showingRegardless of the
			 section of the NAICS code under which a sector or subsector is classified, the
			 owners or operators of a manufacturing facility (or facilities) in such sector
			 or subsector shall receive emission allowances under subsection (a) if
			 sufficient evidence exists, from sources other than, and in addition to, those
			 described in paragraph (2), that such facility (or facilities) meets either the
			 energy intensity criteria or the greenhouse gas intensity criteria (or both the
			 energy intensity criteria and the greenhouse gas intensity criteria) and the
			 trade intensity criteria under paragraph (2). For the purposes of this
			 paragraph, the Administrator may accept data submitted by the owners or
			 operators of a manufacturing facility (or facilities).
				(4)Administrative
			 determination of additional eligible sectors or subsectorsAny person may petition the Administrator
			 to designate as eligible under this subsection any sector or subsector that
			 does not meet the criteria under paragraph (2) or (3) but demonstrates to the
			 satisfaction of the Administrator that it is subject to carbon leakage,
			 comparable to that of sectors or subsectors that meet the criteria under
			 paragraphs (2) or (3). In determining whether a sector or subsector is subject
			 to carbon leakage, the Administrator, in consultation with other Federal
			 agencies, as appropriate, shall take into account, in addition to the sector or
			 subsector’s energy intensity, greenhouse gas intensity, and trade intensity, as
			 calculated under paragraph (2), each of the following:
					(A)The potential for
			 greater foreign sourcing of production or services and the effect of
			 international competition on domestic production.
					(B)The effect of
			 international markets on product pricing.
					(C)The potential for net imports to increase
			 or exports to decrease (resulting in a loss of market share held by domestic
			 manufacturers to manufacturers located in other countries) caused by the direct
			 and indirect compliance costs under a domestic cap-and-trade program.
					(D)The state of
			 international negotiations, agreements, and activities to reduce global
			 greenhouse gas emissions.
					(c)Calculation of
			 Allowances
				(1)Covered
			 facilitiesExcept as provided
			 in subsection (a)(2), the quantity of emission allowances distributed by the
			 Administrator under this section for a calendar year to the owner or operator
			 of a covered facility shall be equal to the sum of the facility’s direct
			 compliance allowance factor and the facility’s indirect carbon allowance
			 factor. Calculations under this paragraph shall be based on the average of data
			 from the calendar years that are 2 and 3 calendar years prior to the calendar
			 year of distribution. For purposes of determining such amounts for each
			 calendar year:
					(A)Direct
			 compliance allowance factorThe direct compliance allowance
			 factor for a facility for a calendar year is the product of—
						(i)the
			 output of the facility; and
						(ii)85
			 percent of the average tonnage (adjusted on a carbon dioxide equivalency basis)
			 of greenhouse gas emissions per unit of output for all facilities in the sector
			 or subsector, as determined by the Administrator based on reports provided
			 under subparagraph (C).
						(B)Indirect carbon
			 allowance factorThe indirect
			 carbon allowance factor for a facility for a calendar year is the product
			 obtained by multiplying the total output of the facility by the fraction set
			 forth in clause (i) (the emissions intensity factor) and the fraction set forth
			 in clause (ii) (the electricity efficiency factor) for the year
			 concerned.
						(i)Emissions
			 intensity factor
							(I)Regulated
			 electricity marketsIn a regulated electricity market, the
			 emissions intensity factor is the average tonnage (adjusted on a carbon dioxide
			 equivalency basis) of greenhouse gas emissions per kilowatt hour of the
			 electricity purchased by the facility, as determined by Administrator based on
			 reports provided under subparagraph (D).
							(II)Wholesale
			 competitive electricity marketsIn a wholesale competitive
			 electricity market, the emissions intensity factor is the average tonnage
			 (adjusted on a carbon dioxide equivalency basis) of greenhouse gas emissions
			 per kilowatt hour of the marginal source of supply of electricity purchased by
			 the facility, as determined by the Administrator based on reports provided
			 under subparagraph (D).
							(ii)Electricity
			 efficiency factorThe
			 electricity efficiency factor is 85 percent of the average amount of
			 electricity (in kilowatt hours) used per unit of output for all facilities in
			 the sector or subsector concerned, as determined by the Administrator based on
			 reports provided under subparagraph (C).
						(C)Report to
			 AdministratorEach owner or
			 operator of a facility in any sector or subsector designated under subsection
			 (b) and each department, agency, and instrumentality of the United States shall
			 provide the Administrator with such information as the Administrator finds
			 necessary to determine the direct compliance allowance factor and the indirect
			 carbon allowance factor for each facility subject to this section.
					(D)Greenhouse gases
			 from electricityEach person
			 selling electricity to the owner or operator of a facility in any sector or
			 subsector designated under subsection (b) shall provide the owner or operator
			 of the facility and the Administrator, on a quarterly basis, such information
			 as is required to determine the emissions intensity factor under subparagraph
			 (B)(i).
					(E)Emissions
			 intensity factor reductionIn
			 calculating the average tonnage (adjusted on a carbon dioxide equivalency
			 basis) of greenhouse gas emissions for the numerator of the emissions intensity
			 factor under subparagraph (B)(i), the Administrator shall reduce the actual,
			 total tonnage (adjusted on a carbon dioxide equivalency basis) used by the
			 tonnage of allowances the Administrator determines are distributed at no cost
			 under any cap-and-trade program to the person making the sale of electricity
			 and are used by such person to prevent electricity rate increases to the owner
			 or operator of the facility.
					(F)Iron and steel
			 sector or subsectorsFor the
			 purposes of determining the quantity of emission allowances to be distributed
			 under this section to the owner or operator of any iron and steel manufacturing
			 facility in a sector or subsector designated under subsection (b), the
			 Administrator shall consider as in different sectors and subsectors facilities
			 using integrated iron and steelmaking technologies (including coke ovens, blast
			 furnaces, and other iron-making technologies) and facilities using electric arc
			 furnace technologies when calculating sector or subsector averages under
			 subparagraphs (A) and (B).
					(2)Other eligible
			 entitiesThe quantity of
			 emission allowances distributed by the Administrator for a calendar year to an
			 owner or operator of a facility in an eligible industrial sector or subsector
			 that is not a covered facility shall be equal to the indirect carbon allowance
			 factor for the facility, as determined under paragraph (1)(B). Calculations
			 under this paragraph shall be based on the average of data from the calendar
			 years that are 2 and 3 calendar years prior to the calendar year of
			 distribution.
				(3)Initial years of
			 operationThe Administrator
			 shall issue regulations governing the distribution of emission allowances to a
			 facility entitled to emission allowances under this Act for such facility’s
			 first and second years of operation. These regulations shall provide
			 for—
					(A)the distribution
			 of emission allowances to such facilities based on comparable facilities in the
			 same sector or subsector; and
					(B)an adjustment in
			 the third year of operation to reconcile the total quantity of emission
			 allowances received during the first and second years of operation to the
			 quantity the facility would have received during the first and second years of
			 operation had the appropriate data been available.
					6.Reports to
			 CongressNot later than one
			 year after the first year in which allowances are distributed pursuant to this
			 Act, and at least every two years thereafter, the Administrator, in
			 consultation with other Federal agencies, as appropriate, shall transmit to
			 Congress a report on the carbon leakage of domestic industrial manufacturers
			 and the effectiveness of the distribution of emission allowances under section
			 5 in achieving the purposes of this Act. Such reports shall include
			 recommendations on how to better achieve the purposes of this Act.
		7.Modification or
			 elimination of distribution of allowances to energy-intensive manufacturing
			 facilities
			(a)Annual phase
			 down subject to review
				(1)ReductionSubject to paragraph (2), beginning in
			 calendar year 2026, and in each calendar year thereafter, the Administrator
			 shall reduce, on a pro-rata basis, the amount of emission allowances
			 distributed under this Act by an amount equal to 10 percent of the amount of
			 emission allowances distributed in calendar year 2025.
				(2)ReviewIf the Administrator, in consultation with
			 other Federal agencies, as appropriate, determines that less than 90 percent of
			 the global output from a sector or subsector is manufactured in countries
			 subject to commensurate greenhouse gas regulation, then the Administrator
			 shall, by rule, eliminate the reduction under paragraph (1). The Administrator
			 may eliminate the reduction under paragraph (1) for individual sectors or
			 aggregates of sectors and subsectors, as appropriate. In making such
			 determination, the Administrator shall consider a country to have commensurate
			 greenhouse gas regulation if—
					(A)such country’s annual greenhouse gas
			 intensity or energy intensity (as described in section (5)(b)) for a sector or
			 subsector is less than the greenhouse gas intensity or energy intensity for
			 such sector or subsector in the United States in the most recent calendar year
			 for which reliable data are available; and
					(B)such country has implemented policies,
			 including cap-and-trade systems, export tariffs, electricity generation
			 regulations, and greenhouse gas emission fees, that individually or
			 collectively impose a incremental cost of production increase associated with
			 greenhouse gas emissions from a sector or subsector that is at least 70 percent
			 of the cost of complying with a domestic cap-and-trade program in the United
			 States for comparable facilities in the same sector or subsector, averaged over
			 a two year period.
					(b)Presidential
			 determination and modificationNotwithstanding subsection (a), if the
			 President determines that other countries have taken actions that have
			 substantially mitigated the risk that companies in a particular sector or
			 subsector will reduce existing or not initiate new production in the same
			 sector or subsector in the United States due to the costs of complying with a
			 domestic cap-and-trade program, then the President shall so notify the
			 Administrator. Upon such notification, the Administrator, in consultation with
			 other Federal agencies, as appropriate, shall by rule reduce the amount of
			 emission allowances distributed under this Act to reflect the reduced risk. The
			 Administrator shall take no action under this subsection unless the
			 Administrator determines, by clear and convincing evidence, such risk has been
			 reduced. No reduction in the distribution of emission allowances under this
			 paragraph shall be effective before January 1, 2020.
			8.Cessation of
			 qualifying activitiesIf, as
			 determined by the Administrator, a facility is no longer in an eligible sector
			 or subsector designated under section 5(b)—
			(1)the Administrator
			 shall not distribute emission allowances to the owner or operator of such
			 facility under this Act; and
			(2)the owner or
			 operator of such facility shall return to the Administrator all allowances that
			 have been distributed to it for future vintage years and the number of emission
			 allowances equal to the product of—
				(A)the number of emission allowances
			 distributed to the facility under this Act for the vintage year in which the
			 facility ceases to be in an eligible sector or subsector designated under
			 section 5(b); and
				(B)one-twelfth of the number of months that
			 the facility or entity was in an eligible sector or subsector designated under
			 section 5(b).


113 HR 5469 IH: Propane Supply and Security Act of 2014
U.S. House of Representatives
2014-09-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 5469
		IN THE HOUSE OF REPRESENTATIVES

			September 15, 2014
			Mr. Latta introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To prevent future propane shortages, and for other purposes.

		1.Short titleThis Act may be cited as the Propane Supply and Security Act of 2014.
		2.DefinitionsIn this Act:
			(1)AdministratorThe term Administrator means the Administrator of the Energy Information Administration.
			(2)CommissionThe term Commission means the Federal Energy Regulatory Commission.
			(3)Propane pipelineThe term propane pipeline means a pipeline regulated under chapter 601 of title 49, United States Code, that is used to
			 transport propane.
			(4)SecretaryThe term Secretary means the Secretary of Energy.
			3.Information collection
			(a)In generalThe Administrator, in coordination with other Federal and State officials, as appropriate, shall
			 publish to the maximum extent practicable and consistent with
			 confidentiality requirements, data on—
				(1)propane storage, including—
					(A)weekly inventory disaggregated below the level of the Petroleum Administration for Defense
			 Districts (PADD) including—
						(i)data at the State and local level; and
						(ii)aggregate data at market hubs around Conway, Kansas, Mont Bellvieu, Texas, and any other market
			 hubs of significant regional scope; and
						(B)weekly data to separately account for non-fuel propylene and propane for PADD 3 and other regions
			 if
			 the Administrator determines that inclusion of the nonfuel propylene
			 supply data significantly distorts propane supply and pricing data, and
			 the Administrator determines it is feasible to collect separate data and
			 nonfuel propylene and propane; and
					(2)propane markets, including pricing data, for residential customers in States that voluntarily
			 choose to participate in the State Heating Oil and Propane Program (SHOPP)
			 of the Energy Information Administration.
				(b)Biannual working and net available storage capacity reportThe Administrator shall publish data on storage at—
				(1)major market centers, including the regions around Conway, Kansas and Mont Bellvieu, Texas; and
				(2)to the extent practicable based on existing surveys and consistent with confidentiality
			 requirements, the regions reported in the weekly and monthly inventory
			 data under subsection (a).
				4.Coordinated response to emergencies
			(a)In generalThe Secretary shall lead and coordinate Federal and State emergency response efforts with respect
			 to propane supply emergencies in any State or region of the United States
			 that are characterized, as determined by the Secretary, by—
				(1)sudden increases in consumer prices for propane; or
				(2)propane supply shortages that threaten public safety or livestock safety.
				(b)DutiesIn carrying out subsection (a), the Secretary shall—
				(1)establish criteria to determine when an emergency response action would be triggered;
				(2)establish a system for forecasting and tracking the availability of propane, with an emphasis on
			 predicting supply shortages;
				(3)establish a system for alerting other Federal agencies, States, industry groups, and appropriate
			 stakeholders of the crisis—
					(A)before an emergency; and
					(B)when the Secretary determines that an emergency has occurred;
					(4)establish a plan for coordinated response to an emergency by Federal and State agencies using their
			 existing authorities; and
				(5)establish criteria to determine when the emergency has ended.
				(c)ActionsAn emergency response carried out under this section may include actions by Federal and State
			 agencies using their existing authorities—
				(1)to protect consumers from unfair pricing;
				(2)to expedite the distribution of propane through available transportation modes, including
			 provisions—
					(A)to exempt motor carriers of propane from hours-of-service restrictions;
					(B)to prioritize propane shipments by rail;
					(C)to exempt vessels carrying propane from United States-flag ship requirements under the Jones Act;
			 and
					(D)for actions by the Commission to prioritize propane shipments over other shipments in batched
			 pipelines; and
					(3)expedited release of energy assistance funds.
				(d)EffectNothing in this section limits any existing agency authority of a Federal agency.
			5.Definition of consumer propane prices
			(a)Functions of propane education and research councilSection 5(f) of the Propane Education and Research Act of 1996 (15 U.S.C. 6404(f)) is amended in
			 the first sentence by inserting to train propane distributors and consumers in strategies to mitigate negative effects of future
			 propane price spikes, after to enhance consumer and employee safety and training,.
			(b)Market survey and consumer protection price analysisSection 9(a) of the Propane Education and Research Act of 1996 (15 U.S.C. 6408(a)) is amended in
			 the first sentence by striking only data provided by the Energy Information Administration and inserting the refiner price to end users of consumer grade propane, as published by the Energy Information
			 Administration.
			6.Regional propane reserve study
			(a)StudyNot later than 180 days after the date of enactment of this Act, the Secretary shall conduct a
			 study to determine the effectiveness and feasibility of establishing 1 or
			 more propane storage facilities, to be operated separately from the
			 Strategic Petroleum Reserve established under part B of title I of the
			 Energy Policy and Conservation Act (42 U.S.C. 6231 et seq.).
			(b)PlanFollowing completion of the study under subsection (a), the Secretary may submit to Congress and
			 the President a plan describing—
				(1)the proposed acquisition of storage and related facilities or storage services, including—
					(A)the potential use of storage facilities not currently in use; and
					(B)a determination of the combination of primary, secondary, and tertiary storage facilities that will
			 be used;
					(2)the proposed acquisition of propane for storage;
				(3)the proposed methods of disposition of propane;
				(4)the estimated costs of establishment, maintenance, and operation;
				(5)the efforts the Secretary will make—
					(A)to minimize any potential need for future drawdowns; and
					(B)to ensure the distributors and importers are not discouraged from maintaining and increasing
			 supplies of propane;
					(6)the proposed actions to ensure the quality of the propane; and
				(7)the proposed accounts and funding structures required for acquisition of propane and propane
			 storage facilities.
				7.Storage facility loans for propane storageSection 1614(a) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8789(a)) is amended by
			 inserting , including facilities for propane that is used for drying and heating before the period at the end.
		8.Study of jurisdictionNot later than 1 year after the date of enactment of this Act, the Comptroller General of the
			 United States shall complete a study of facilities appurtenant to propane
			 pipelines (such as terminals and storage facilities) that are not subject
			 to the jurisdiction of the Commission (as of the date on which the study
			 commences) to determine—
			(1)whether and to what degree the nonjurisdictional nature of the facilities had an impact on the
			 propane price spike during the winter of 2013 to 2014; or
			(2)whether findings described in paragraph (1) demonstrate whether it would be in the public interest
			 to enact a change in law to place such facilities under the jurisdiction
			 of the Commission.


 HR 1233 ENR: Presidential and Federal Records Act Amendments of 2014
U.S. House of Representatives

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
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 1233

AN ACT
To amend chapter 22 of title 44, United States Code, popularly known as the Presidential Records Act, to establish procedures for the consideration of claims of constitutionally based privilege against disclosure of Presidential records, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Presidential and Federal Records Act Amendments of 2014.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Presidential records.
Sec. 3. National Archives and Records Administration.
Sec. 4. Records management by Federal agencies.
Sec. 5. Disposal of records.
Sec. 6. Procedures to prevent unauthorized removal of classified records from National Archives.
Sec. 7. Repeal of provisions related to the National Study Commission on Records and Documents of Federal Officials.
Sec. 8. Pronoun amendments.
Sec. 9. Records management by the Archivist.
Sec. 10. Disclosure requirement for official business conducted using non-official electronic messaging account.
2.Presidential records
(a)Procedures for consideration of claims of constitutionally based privilege against disclosure
(1)AmendmentChapter 22 of title 44, United States Code, is amended by adding at the end the following:

2208.Claims of constitutionally based privilege against disclosure
(a)
(1)When the Archivist determines under this chapter to make available to the public any Presidential record that has not previously been made available to the public, the Archivist shall—
(A)promptly provide notice of such determination to—
(i)the former President during whose term of office the record was created; and
(ii)the incumbent President; and
(B)make the notice available to the public.
(2)The notice under paragraph (1)—
(A)shall be in writing; and
(B)shall include such information as may be prescribed in regulations issued by the Archivist.
(3)
(A)Upon the expiration of the 60-day period (excepting Saturdays, Sundays, and legal public holidays) beginning on the date the Archivist provides notice under paragraph (1)(A), the Archivist shall make available to the public the Presidential record covered by the notice, except any record (or reasonably segregable part of a record) with respect to which the Archivist receives from a former President or the incumbent President notification of a claim of constitutionally based privilege against disclosure under subsection (b).
(B)A former President or the incumbent President may extend the period under subparagraph (A) once for not more than 30 additional days (excepting Saturdays, Sundays, and legal public holidays) by filing with the Archivist a statement that such an extension is necessary to allow an adequate review of the record.
(C)Notwithstanding subparagraphs (A) and (B), if the 60-day period under subparagraph (A), or any extension of that period under subparagraph (B), would otherwise expire during the 6-month period after the incumbent President first takes office, then that 60-day period or extension, respectively, shall expire at the end of that 6-month period.
(b)
(1)For purposes of this section, the decision to assert any claim of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a record) must be made personally by a former President or the incumbent President, as applicable.
(2)A former President or the incumbent President shall notify the Archivist, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate of a privilege claim under paragraph (1) on the same day that the claim is asserted under such paragraph.
(c)
(1)If a claim of constitutionally based privilege against disclosure of a Presidential record (or reasonably segregable part of a record) is asserted under subsection (b) by a former President, the Archivist shall consult with the incumbent President, as soon as practicable during the period specified in paragraph (2)(A), to determine whether the incumbent President will uphold the claim asserted by the former President.
(2)
(A)Not later than the end of the 30-day period beginning on the date on which the Archivist receives notification from a former President of the assertion of a claim of constitutionally based privilege against disclosure, the Archivist shall provide notice to the former President and the public of the decision of the incumbent President under paragraph (1) regarding the claim.
(B)If the incumbent President upholds the claim of privilege asserted by the former President, the Archivist shall not make the Presidential record (or reasonably segregable part of a record) subject to the claim publicly available unless—
(i)the incumbent President withdraws the decision upholding the claim of privilege asserted by the former President; or
(ii)the Archivist is otherwise directed by a final court order that is not subject to appeal.
(C)If the incumbent President determines not to uphold the claim of privilege asserted by the former President, or fails to make the determination under paragraph (1) before the end of the period specified in subparagraph (A), the Archivist shall release the Presidential record subject to the claim at the end of the 90-day period beginning on the date on which the Archivist received notification of the claim, unless otherwise directed by a court order in an action initiated by the former President under section 2204(e) of this title or by a court order in another action in any Federal court.
(d)The Archivist shall not make publicly available a Presidential record (or reasonably segregable part of a record) that is subject to a privilege claim asserted by the incumbent President unless—
(1)the incumbent President withdraws the privilege claim; or
(2)the Archivist is otherwise directed by a final court order that is not subject to appeal.
(e)The Archivist shall adjust any otherwise applicable time period under this section as necessary to comply with the return date of any congressional subpoena, judicial subpoena, or judicial process..
(2)Conforming amendments
(A)Section 2204(d) of title 44, United States Code, is amended by inserting , except section 2208, after chapter.
(B)Section 2205 of title 44, United States Code, is amended—
(i)in the matter preceding paragraph (1), by striking section 2204 and inserting sections 2204 and 2208 of this title; and
(ii)in paragraph (2)(A), by striking subpena and inserting subpoena.
(C)Section 2207 of title 44, United States Code, is amended in the second sentence by inserting , except section 2208, after chapter.
(3)Clerical amendmentThe table of sections at the beginning of chapter 22 of title 44, United States Code, is amended by adding at the end the following:

2208. Claims of constitutionally based privilege against disclosure..
(4)Rule of constructionNothing in the amendment made by paragraph (2)(C) shall be construed to—
(A)affect the requirement of section 2207 of title 44, United States Code, that Vice Presidential records shall be subject to chapter 22 of that title in the same manner as Presidential records; or
(B)affect any claim of constitutionally based privilege by a President or former President with respect to a Vice Presidential record.
(b)DefinitionsSection 2201 of title 44, United States Code, is amended—
(1)in paragraph (1)—
(A)by striking memorandums and inserting memoranda;
(B)by striking audio, audiovisual and inserting audio and visual records; and
(C)by inserting , whether in analog, digital, or any other form after mechanical recordations; and
(2)in paragraph (2), by striking advise and assist and inserting advise or assist.
(c)Management and custody of Presidential recordsSection 2203 of title 44, United States Code, is amended—
(1)in subsection (a), by striking maintained and inserting preserved and maintained;
(2)in subsection (b), by striking advise and assist and inserting advise or assist;
(3)by redesignating subsection (f) as subsection (g);
(4)by inserting after subsection (e) the following new subsection:

(f)During a President’s term of office, the Archivist may maintain and preserve Presidential records on behalf of the President, including records in digital or electronic form. The President shall remain exclusively responsible for custody, control, and access to such Presidential records. The Archivist may not disclose any such records, except under direction of the President, until the conclusion of a President’s term of office, if a President serves consecutive terms upon the conclusion of the last term, or such other period provided for under section 2204 of this title.; and
(5)in subsection (g)(1), as so redesignated, by striking Act and inserting chapter.
(d)Restrictions on access to presidential recordsSection 2204 of title 44, United States Code, is amended by adding at the end the following new subsection:

(f)The Archivist shall not make available any original Presidential records to any individual claiming access to any Presidential record as a designated representative under section 2205(3) of this title if that individual has been convicted of a crime relating to the review, retention, removal, or destruction of records of the Archives..
(e)Disclosure requirement for official business conducted using non-Official electronic messaging account
(1)AmendmentChapter 22 of title 44, United States Code, as amended by subsection (a)(1), is further amended by adding at the end the following new section:

2209.Disclosure requirement for official business conducted using non-official electronic messaging accounts
(a)In generalThe President, the Vice President, or a covered employee may not create or send a Presidential or Vice Presidential record using a non-official electronic message account unless the President, Vice President, or covered employee—
(1)copies an official electronic messaging account of the President, Vice President, or covered employee in the original creation or transmission of the Presidential record or Vice Presidential record; or
(2)forwards a complete copy of the Presidential or Vice Presidential record to an official electronic messaging account of the President, Vice President, or covered employee not later than 20 days after the original creation or transmission of the Presidential or Vice Presidential record.
(b)Adverse actionsThe intentional violation of subsection (a) by a covered employee (including any rules, regulations, or other implementing guidelines), as determined by the appropriate supervisor, shall be a basis for disciplinary action in accordance with subchapter I, II, or V of chapter 75 of title 5, as the case may be.
(c)DefinitionsIn this section:
(1)Covered employeeThe term covered employee means—
(A)the immediate staff of the President;
(B)the immediate staff of the Vice President;
(C)a unit or individual of the Executive Office of the President whose function is to advise and assist the President; and
(D)a unit or individual of the Office of the Vice President whose function is to advise and assist the Vice President.
(2)Electronic messagesThe term electronic messages means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals.
(3)Electronic messaging accountThe term electronic messaging account means any account that sends electronic messages. .
(2)Clerical amendmentThe table of sections at the beginning of chapter 22 of title 44, United States Code, as amended by subsection (a)(3), is further amended by adding at the end the following new item:

2209. Disclosure requirement for official business conducted using non-official electronic messaging accounts..
3.National Archives and Records Administration
(a)Acceptance of records for historical preservationSection 2107 of title 44, United States Code, is amended to read as follows:

2107.Acceptance of records for historical preservation
(a)In generalWhen it appears to the Archivist to be in the public interest, the Archivist may—
(1)accept for deposit with the National Archives of the United States the records of a Federal agency, the Congress, the Architect of the Capitol, or the Supreme Court determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government;
(2)direct and effect the transfer of records of a Federal agency determined by the Archivist to have sufficient historical or other value to warrant their continued preservation by the United States Government to the National Archives of the United States, as soon as practicable, and at a time mutually agreed upon by the Archivist and the head of that Federal agency not later than thirty years after such records were created or received by that agency, unless the head of such agency has certified in writing to the Archivist that such records must be retained in the custody of such agency for use in the conduct of the regular business of the agency;
(3)direct and effect, with the approval of the head of the originating Federal agency, or if the existence of the agency has been terminated, with the approval of the head of that agency’s successor in function, if any, the transfer of records, deposited or approved for deposit with the National Archives of the United States to public or educational institutions or associations; title to the records to remain vested in the United States unless otherwise authorized by Congress; and
(4)transfer materials from private sources authorized to be received by the Archivist by section 2111 of this title.
(b)Early transfer of recordsThe Archivist—
(1)in consultation with the head of the originating Federal agency, is authorized to accept a copy of the records described in subsection (a)(2) that have been in existence for less than thirty years; and
(2)may not disclose any such records until the expiration of—
(A)the thirty-year period described in paragraph (1);
(B)any longer period established by the Archivist by order; or
(C)any shorter period agreed to by the originating Federal agency..
(b)Material accepted for depositSection 2111 of title 44, United States Code, is amended to read as follows:

2111.Material accepted for deposit
(a)In generalWhen the Archivist considers it to be in the public interest the Archivist may accept for deposit—
(1)the papers and other historical materials of a President or former President of the United States, or other official or former official of the Government, and other papers relating to and contemporary with a President or former President of the United States, subject to restrictions agreeable to the Archivist as to their use; and
(2)recorded information (as such term is defined in section 3301(a)(2) of this title) from private sources that are appropriate for preservation by the Government as evidence of its organization, functions, policies, decisions, procedures, and transactions.
(b)ExceptionThis section shall not apply in the case of any Presidential records which are subject to the provisions of chapter 22 of this title..
(c)Preservation of audio and visual records
(1)In generalSection 2114 of title 44, United States Code, is amended to read as follows:

2114.Preservation of audio and visual recordsThe Archivist may make and preserve audio and visual records, including motion-picture films, still photographs, and sound recordings, in analog, digital, or any other form, pertaining to and illustrative of the historical development of the United States Government and its activities, and provide for preparing, editing, titling, scoring, processing, duplicating, reproducing, exhibiting, and releasing for non-profit educational purposes, motion-picture films, still photographs, and sound recordings in the Archivist’s custody..
(2)Clerical amendmentThe table of sections at the beginning of chapter 21 of title 44, United States Code, is amended by striking the item for section 2114 and inserting the following:

2114. Preservation of audio and visual records..
(d)Legal status of reproductions; official seal; fees for copies and reproductionsSection 2116(a) of title 44, United States Code, is amended by inserting digital, after microphotographic,, each place it appears.
4.Records management by Federal agenciesSection 3106 of title 44, United States Code, is amended to read as follows:

3106.Unlawful removal, destruction of records
(a)Federal agency notificationThe head of each Federal agency shall notify the Archivist of any actual, impending, or threatened unlawful removal, defacing, alteration, corruption, deletion, erasure, or other destruction of records in the custody of the agency, and with the assistance of the Archivist shall initiate action through the Attorney General for the recovery of records the head of the Federal agency knows or has reason to believe have been unlawfully removed from that agency, or from another Federal agency whose records have been transferred to the legal custody of that Federal agency.
(b)Archivist notificationIn any case in which the head of a Federal agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action described in subsection (a), or is participating in, or believed to be participating in any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made..
5.Disposal of records
(a)Definition of recordsSection 3301 of title 44, United States Code, is amended to read as follows:

3301.Definition of records
(a)Records defined
(1)In generalAs used in this chapter, the term records—
(A)includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them; and
(B)does not include—
(i)library and museum material made or acquired and preserved solely for reference or exhibition purposes; or
(ii)duplicate copies of records preserved only for convenience.
(2)Recorded information definedFor purposes of paragraph (1), the term recorded information includes all traditional forms of records, regardless of physical form or characteristics, including information created, manipulated, communicated, or stored in digital or electronic form.
(b)Determination of definitionThe Archivist’s determination whether recorded information, regardless of whether it exists in physical, digital, or electronic form, is a record as defined in subsection (a) shall be binding on all Federal agencies..
(b)Regulations covering lists of records for disposal, procedure for disposal, and standards for reproductionSection 3302(3) of title 44, United States Code, is amended by striking photographic or microphotographic processes and inserting photographic, microphotographic, or digital processes.
(c)Lists and schedules of records To be submitted to the Archivist by head of each Government agencySection 3303(1) of title 44, United States Code, is amended by striking photographed or microphotographed and inserting photographed, microphotographed, or digitized.
(d)Examination by Archivist of lists and schedules of records lacking preservation value; disposal of recordsSection 3303a(c) of title 44, United States Code, is amended by striking the Committee on Rules and Administration of the Senate and the Committee on House Oversight of the House of Representatives and inserting the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate.
(e)Photographs or microphotographs of records considered as originals; certified reproductions admissible in evidenceSection 3312 of title 44, United States Code, is amended—
(1)in the first sentence, by striking Photographs or microphotographs of records and inserting Photographs, microphotographs of records, or digitized records; and
(2)in the second sentence, by striking photographs or microphotographs and inserting photographs, microphotographs, or digitized records, each place it appears.
6.Procedures to prevent unauthorized removal of classified records from National Archives
(a)Classified recordsNot later than 90 days after the date of the enactment of this Act, the Archivist shall prescribe internal procedures to prevent the unauthorized removal of classified records from the National Archives and Records Administration or the destruction or damage of such records, including when such records are accessed or searched electronically. Such procedures shall include, at a minimum, the following prohibitions:
(1)An individual, other than covered personnel, may not view classified records in any room that is not secure, except in the presence of National Archives and Records Administration personnel or under video surveillance.
(2)An individual, other than covered personnel, may not be left alone with classified records, unless that individual is under video surveillance.
(3)An individual, other than covered personnel, may not review classified records while possessing any cellular phone, electronic personal communication device, or any other devices capable of photographing, recording, or transferring images or content.
(4)An individual seeking access to review classified records, as a precondition to such access, must consent to a search of their belongings upon conclusion of their records review.
(5)All notes and other writings prepared by an individual, other than covered personnel, during the course of a review of classified records shall be retained by the National Archives and Records Administration in a secure facility until such notes and other writings are determined to be unclassified, are declassified, or are securely transferred to another secure facility.
(b)DefinitionsIn this section:
(1)Covered personnelThe term covered personnel means any individual—
(A)who has an appropriate and necessary reason for accessing classified records, as determined by the Archivist; and
(B)who is either—
(i)an officer or employee of the United States Government with appropriate security clearances; or
(ii)any personnel with appropriate security clearances of a Federal contractor authorized in writing to act for purposes of this section by an officer or employee of the United States Government.
(2)RecordsThe term records has the meaning given that term under section 3301 of title 44, United States Code.
7.Repeal of provisions related to the National Study Commission on Records and Documents of Federal Officials
(a)In generalSections 3315 through 3324 of title 44, United States Code, are repealed.
(b)Clerical amendmentThe table of sections at the beginning of chapter 33 of title 44, United States Code, is amended by striking the items relating to sections 3315 through 3324.
8.Pronoun amendmentsTitle 44, United States Code, is amended—
(1)in section 2116(c), by striking his and inserting the Archivist’s;
(2)in section 2201(2), by striking his and inserting the President’s, each place it appears;
(3)in section 2203—
(A)in subsection (a), by striking his and inserting the President’s;
(B)in subsection (b), by striking his and inserting the President’s;
(C)in subsection (c)—
(i)in the matter preceding paragraph (1)—
(I)by striking his and inserting the President’s; and
(II)by striking those of his Presidential records and inserting those Presidential records of such President; and
(ii)in paragraph (2), by striking he and inserting the Archivist;
(D)in subsection (d), by striking he and inserting the Archivist;
(E)in subsection (e), by striking he and inserting the Archivist; and
(F)in subsection (g), as so redesignated, by striking he and inserting the Archivist;
(4)in section 2204—
(A)in subsection (a)—
(i)in the matter preceding paragraph (1), by striking his and inserting a President’s; and
(ii)in paragraph (5), by striking his and inserting the President’s; and
(B)in subsection (b)—
(i)in paragraph (1)(B), by striking his and inserting the President’s; and
(ii)in paragraph (3)—
(I)by striking his the first place it appears and inserting the Archivist’s; and
(II)by striking his designee and inserting the Archivist’s designee;
(5)in section 2205—
(A)in paragraph (2)(B), by striking his and inserting the incumbent President’s; and
(B)in paragraph (3), by striking his and inserting the former President’s;
(6)in section 2901(11), by striking his and inserting the Archivist’s;
(7)in section 2904(c)(6), by striking his and inserting the Archivist’s;
(8)in section 2905(a)—
(A)by striking He and inserting The Archivist; and
(B)by striking his and inserting the Archivist’s;
(9)in section 3103, by striking he and inserting the head of such agency;
(10)in section 3104—
(A)by striking his the first place it appears and inserting such official’s; and
(B)by striking him or his and inserting such official or such official’s;
(11)in section 3105, by striking he and inserting the head of such agency;
(12)in section 3302(1), by striking him and inserting the Archivist; and
(13)in section 3303a—
(A)in subsection (a)—
(i)by striking him and inserting the Archivist, each place it appears; and
(ii)by striking he and inserting the Archivist;
(B)in subsection (c), by striking he and inserting the Archivist;
(C)in subsection (e), by striking his and inserting the Archivist’s; and
(D)in subsection (f), by striking he and inserting the Archivist.
9.Records management by the Archivist
(a)Objectives of records managementSection 2902 of title 44, United States Code, is amended—
(1)in paragraph (4), by striking creation and of records maintenance and use and inserting creation, maintenance, transfer, and use;
(2)in paragraph (6), by inserting after Federal paperwork the following: and the transfer of records from Federal agencies to the National Archives of the United States in digital or electronic form to the greatest extent possible; and
(3)in paragraph (7), by striking the Administrator or.
(b)Records centers and centralized microfilming services
(1)AmendmentSection 2907 of title 44, United States Code, is amended—
(A)in the section heading by inserting or digitization after microfilming; and
(B)by inserting or digitization after microfilming.
(2)Conforming amendmentThe table of sections at the beginning of chapter 29 of title 44, United States Code, is amended in the item relating to section 2907 by inserting or digitization after microfilming.
(c)General responsibilities for records managementSection 2904 of title 44, United States Code, is amended—
(1)in subsection (b), by striking The Administrator and inserting The Archivist;
(2)in subsection (c)—
(A)in the matter preceding paragraph (1)—
(i)by striking their and inserting the;
(ii)by striking subsection (a) or (b), respectively and inserting subsections (a) and (b);
(iii)by striking and the Administrator; and
(iv)by striking each; and
(B)in paragraph (8), by striking or the Administrator (as the case may be); and
(3)subsection (d) is amended to read as follows:

(d)The Archivist shall promulgate regulations requiring all Federal agencies to transfer all digital or electronic records to the National Archives of the United States in digital or electronic form to the greatest extent possible..
(d)Inspection of agency recordsSection 2906 of title 44, United States Code, is amended—
(1)in subsection (a)—
(A)in paragraph (1)—
(i)by striking their respective and inserting the;
(ii)by striking the Administrator of General Services and;
(iii)by striking designee of either and inserting the Archivist’s designee;
(iv)by striking solely; and
(v)by inserting after for the improvement of records management practices and programs the following: and for determining whether the records of Federal agencies have sufficient value to warrant continued preservation or lack sufficient value to justify continued preservation;
(B)in paragraph (2)—
(i)by striking the Administrator and; and
(ii)by striking the second sentence; and
(C)in paragraph (3)—
(i)in the matter preceding subparagraph (A)—
(I)by striking the Administrator or; and
(II)by striking designee of either and inserting Archivist’s designee; and
(ii)in subparagraph (A), by striking the Administrator, the Archivist, and inserting the Archivist; and
(2)in subsection (b)—
(A)by striking the Administrator and; and
(B)by striking designee of either and inserting Archivist’s designee.
(e)Reports; correction of violationsSection 2115 of title 44, United States Code, is amended—
(1)in subsection (a)—
(A)by striking their respective and inserting the;
(B)by striking and the Administrator; and
(C)by striking each; and
(2)in subsection (b)—
(A)by striking either;
(B)by striking or the Administrator, each place it appears; and
(C)by striking inaugurated and inserting demonstrably commenced.
(f)Records management by the Archivist
(1)AmendmentThe heading for chapter 29 of title 44, United States Code, is amended by striking and by the Administrator of General Services.
(2)Conforming amendmentThe table of chapters at the beginning of title 44, United States Code, is amended in the item related to chapter 29 by striking and by the Administrator of General Services.
(g)Establishment of program of managementSection 3102(2) of title 44, United States Code, is amended by striking the Administrator of General Services and.
10.Disclosure requirement for official business conducted using non-official electronic messaging account
(a)AmendmentChapter 29 of title 44, United States Code, is amended by adding at the end the following new section:

2911.Disclosure requirement for official business conducted using non-official electronic messaging accounts
(a)In generalAn officer or employee of an executive agency may not create or send a record using a non-official electronic messaging account unless such officer or employee—
(1)copies an official electronic messaging account of the officer or employee in the original creation or transmission of the record; or
(2)forwards a complete copy of the record to an official electronic messaging account of the officer or employee not later than 20 days after the original creation or transmission of the record.
(b)Adverse ActionsThe intentional violation of subsection (a) (including any rules, regulations, or other implementing guidelines), as determined by the appropriate supervisor, shall be a basis for disciplinary action in accordance with subchapter I, II, or V of chapter 75 of title 5, as the case may be.
(c)DefinitionsIn this section:
(1)Electronic messagesThe term electronic messages means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals.
(2)Electronic messaging accountThe term electronic messaging account means any account that sends electronic messages.
(3)Executive agencyThe term executive agency has the meaning given that term in section 105 of title 5..
(b)Clerical amendmentThe table of sections at the beginning of chapter 29 of title 44, United States Code, is amended by adding at the end the following new item:

2911. Disclosure requirement for official business conducted using non-official electronic messaging accounts..
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


I
112th CONGRESS
2d Session
H. R. 5261
IN THE HOUSE OF REPRESENTATIVES

April 27, 2012
Mr. Olson introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on Didecanoyl peroxide.

1.Didecanoyl peroxide
(a)In generalHeading 9902.40.60 of the Harmonized Tariff Schedule of the United States (relating to Didecanoyl peroxide) is amended by striking the date in the effective period column and inserting 12/31/2015.
(b)Effective dateThe amendment made by subsection (a) applies with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of enactment of this Act.


		II
		112th CONGRESS
		2d Session
		S. 2520
		IN THE SENATE OF THE UNITED
		  STATES

			May 7, 2012
			Ms. Landrieu introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty
		  on glyoxylic acid.

		1.Glyoxylic acid
			(a)In generalHeading 9902.11.01 of the Harmonized Tariff
			 Schedule of the United States (relating to glyoxylic acid) is amended by
			 striking the date in the effective period column and inserting
			 12/31/2015.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies with respect to goods entered, or withdrawn from
			 warehouse for consumption, on or after the 15th day after the date of the
			 enactment of this Act.


		I
		112th CONGRESS
		2d Session
		H. R. 6663
		IN THE HOUSE OF REPRESENTATIVES

			December 13, 2012
			Mr. Brooks introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To permanently extend the 2001 and 2003 tax
		  cuts.

		1.Permanent extension of tax
			 relief
			(a)2001 tax
			 reliefThe Economic Growth and Tax Relief Reconciliation Act of
			 2001 is amended by striking title IX.
			(b)2003
			 reliefTitle III of the Jobs and Growth Tax Relief Reconciliation
			 Act of 2003 is amended by striking section 303.


114 S1012 IS: Working Families Tax Relief Act of 2015
U.S. Senate
2015-04-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II114th CONGRESS1st SessionS. 1012IN THE SENATE OF THE UNITED STATESApril 20, 2015Mr. Brown (for himself, Mr. Durbin, Mr. Reid, Mr. Schumer, Mrs. Murray, Mr. Wyden, Ms. Stabenow, Mr. Casey, Mr. Carper, Ms. Cantwell, Mr. Bennet, Mr. Menendez, Mr. Cardin, Mr. Nelson, Mr. Warner, Mr. King, Mr. Tester, Mr. Sanders, Mr. Booker, Ms. Klobuchar, Mr. Peters, Mr. Merkley, Mr. Markey, Mrs. Boxer, Ms. Warren, Mr. Whitehouse, Mr. Coons, Mr. Franken, Mrs. Gillibrand, Mr. Reed, Ms. Hirono, Mr. Schatz, Mr. Blumenthal, Mr. Udall, Mr. Leahy, Mrs. Shaheen, Mr. Heinrich, Mr. Murphy, Ms. Baldwin, Ms. Heitkamp, Ms. Mikulski, Mr. Kaine, Mrs. Feinstein, and Mrs. McCaskill) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to strengthen the earned income tax credit and make
			 permanent certain tax provisions under the American Recovery and
			 Reinvestment Act of 2009.

 1.Short titleThis Act may be cited as the Working Families Tax Relief Act of 2015.
		2.Permanent
			 extension of and modifications to the child tax credit
			(a)Permanent
			 extension of increase in refundable portion
				(1)In
 generalClause (i) of section 24(d)(1)(B) of the Internal Revenue Code of 1986 is amended by striking $10,000 and inserting $3,000.
				(2)Conforming
 amendmentSubsection (d) of section 24 of such Code is amended by striking paragraph (4).
				(3)Elimination of
 inflation adjustmentSubsection (d) of section 24 of such Code is amended by striking paragraph (3).
				(b)Inflation
 adjustmentsSection 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

					(g)Inflation
				adjustments
						(1)In
 generalIn the case of any taxable year beginning in a calendar year after 2014, the $1,000 amount in subsection (a) and each of the dollar amounts in subsection (b)(2) shall each be increased by an amount equal to—
 (A)such dollar amount, multiplied by
 (B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2011 for calendar year 1992 in subparagraph (B) thereof.
 (2)RoundingAny increase determined under the preceding sentence shall be rounded to the nearest multiple of $50..
			(c)Effective
 dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2014.
			3.Permanent
			 extension of modifications to earned income tax credit
			(a)Increase in
 credit percentage for families with 3 or more childrenParagraph (1) of section 32(b) of the Internal Revenue Code of 1986 is amended—
 (1)by striking The credit and inserting the following:  (A)In generalThe credit, and
 (2)by adding at the end the following new subparagraph:

						(B)Increased
				credit percentage for families with 3 or more qualifying
 childrenIn the case of an eligible individual with 3 or more qualifying children, the table in subparagraph (A) shall be applied by substituting 45 for 40 in the second column thereof..
				(b)Joint
			 returns
				(1)In
 generalSubparagraph (B) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended by striking $3,000 and inserting $5,000..
				(2)Inflation
 adjustmentsClause (ii) of section 32(j)(1)(B) of such Code is amended—
 (A)by striking $3,000 and inserting $5,000,
 (B)by striking subsection (b)(2)(B)(iii) and inserting subsection (b)(2)(B), and
 (C)by striking calendar year 2007 and inserting calendar year 2008.
					(c)Conforming
 amendmentSection 32(b)of such Code is amended by striking paragraph (3).
			(d)Effective
 dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2014.
			4.Strengthening
			 the earned income tax credit
			(a)Increased
			 credit for individuals with no qualifying children
				(1)In
 generalThe table in subparagraph (A) of section 32(b)(2) of the Internal Revenue Code of 1986 is amended—
 (A)by striking $4,220 in the second column and inserting $8,820, and
 (B)by striking $5,280 in the last column and inserting $10,425.
					(2)Inflation
 adjustmentsSubparagraph (B) of section 32(j)(1) of the Internal Revenue Code of 1986, as amended by this Act, is amended—
 (A)in clause (i)—
 (i)by inserting (except as provided in clause (iii)) after (b)(2)(A), and
 (ii)by striking and at the end, and
 (B)by adding at the end the following new clause:

 (iii)in the case of the $8,820 and $10,4250 amount in the table in subsection (b)(2)(A), by substituting calendar year 2011 for calendar year 1992 in subparagraph (B) of such section 1..
					(b)Credit increase
 and reduction in phaseout for individuals with no childrenThe table contained in section 32(b)(1)(A) of the Internal Revenue Code of 1986, as amended by this Act, is amended—
 (1)by striking 7.65 in the second column of the third row and inserting 15.3, and
 (2)by striking 7.65 in the third column of the third row and inserting 15.3.
				(c)Credit allowed
 for certain childless individuals over age 21Subclause (II) of section 32(c)(1)(A)(ii) of the Internal Revenue Code of 1986 is amended by striking age 25 and inserting age 21.
			(d)Effective
 datesThe amendments made by this section shall apply to taxable years beginning after December 31, 2014.
			5.Simplifying the
			 earned income tax credit
			(a)Modification of
			 abandoned spouse rule
				(1)In
 generalSection 32(c)(1) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

						(G)Certain married
 individuals living apartFor purposes of this section, an individual who—
 (i)is married (within the meaning of section 7703(a)) and files a separate return for the taxable year,
 (ii)lives with a qualifying child of the individual for more than one-half of such taxable year, and
 (iii)(I)during the last 6 months of such taxable year, does not have the same principal place of abode as the individual's spouse, or
 (II)has a legally binding separation agreement with the individual’s spouse and is not a member of the same household with the individual’s spouse by the end of the taxable year,
								shall
				not be considered as
				married..
				(2)Conforming
			 amendments
 (A)The last sentence of section 32(c)(1)(A) of the Internal Revenue Code of 1986 is amended by striking section 7703 and inserting section 7703(a).
 (B)Section 32(d) of such Code is amended by striking In the case of an individual who is married (within the meaning of section 7703) and inserting In the case of an individual who is married (within the meaning of section 7703(a)) and is not described in subsection (c)(1)(G).
					(b)Elimination of
			 disqualified investment income test
				(1)In
 generalSection 32 of the Internal Revenue Code of 1986 is amended by striking subsection (i).
				(2)Conforming
			 amendments
 (A)Section 32(j)(1)(B)(i) of such Code, as amended by this Act, is amended—
 (i)by striking subsections and inserting subsection, and
 (ii)by striking and (i)(1).
 (B)Section 32(j)(2) of such Code is amended to read as follows:

 (2)RoundingIf any dollar amount in subsection (b)(2)(A) (after being increased under subparagraph (B) thereof), after being increased under paragraph (1), is not a multiple of $10, such amount shall be rounded to the next nearest multiple of $10..
					(c)Simplification
			 of rules regarding presence of qualifying child
				(1)Taxpayer
			 eligible for credit for worker without qualifying child if qualifying
			 child
 claimed by another member of familySection 32(c)(1) of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph:

						(H)Taxpayer
				eligible for credit for worker without qualifying child if
			 qualifying child
				claimed by another member of family
							(i)General
 ruleExcept as provided in clause (ii), in the case of 2 or more eligible individuals who may claim for such taxable year the same individual as a qualifying child, if such individual is claimed as a qualifying child by such an eligible individual, then any other such eligible individual who does not make such a claim of such child or of any other qualifying child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year.
							(ii)Exception if
 qualifying child claimed by parentIf an individual is claimed as a qualifying child for any taxable year by an eligible individual who is a parent of such child, then no other custodial parent of such child who does not make such a claim of such child may be considered an eligible individual without a qualifying child for purposes of the credit allowed under this section for such taxable year..
				(2)Taxpayer
			 eligible for credit for worker without qualifying child if qualifying
			 children
 do not have valid social security numberSubparagraph (F) of section 32(c)(1) of the Internal Revenue Code of 1986 is amended to read as follows:

						(F)Individuals who
 do not include tin, etc., of any qualifying childIn the case of any eligible individual who has one or more qualifying children, if no qualifying child of such individual is taken into account under subsection (b) by reason of paragraph (3)(D), for purposes of the credit allowed under this section, such individual may be considered an eligible individual without a qualifying child..
				(d)Effective
 datesThe amendments made by this section shall apply to taxable years beginning after December 31, 2014.


116 HRES 682 IH: Recognizing National Native American Heritage Month and celebrating the cultures and contributions of Native Americans to the United States.
U.S. House of Representatives
2019-11-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS1st SessionH. RES. 682IN THE HOUSE OF REPRESENTATIVESNovember 8, 2019Ms. Haaland (for herself, Mr. Cole, Mr. Grijalva, Mr. Gallego, Mr. Mullin, Ms. Davids of Kansas, and Ms. McCollum) submitted the following resolution; which was referred to the Committee on Oversight and ReformRESOLUTIONRecognizing National Native American Heritage Month and celebrating the cultures and contributions
			 of Native Americans to the United States.

 Whereas, from November 1, 2019, through November 30, 2019, the United States celebrates National Native American Heritage Month;
 Whereas National Native American Heritage Month is an opportunity to consider and recognize the contributions of Native Americans to the history of the United States;
 Whereas Native Americans are descendants of the original, indigenous inhabitants of what is now the United States;
 Whereas the Bureau of the Census estimated that, in 2010, there were more than 5,000,000 individuals of Native American descent in the United States;
 Whereas Native Americans maintain vibrant cultures and traditions and hold a deeply rooted sense of community;
 Whereas Native Americans have moving stories of tragedy, triumph, and perseverance that need to be shared with future generations;
 Whereas Native Americans speak and preserve indigenous languages, which have contributed to the English language by being used as names of individuals and locations throughout the United States;
 Whereas Congress has consistently reaffirmed the support of the United States of tribal self-governance and self-determination and the commitment of the United States to improving the lives of all Native Americans by—
 (1)enhancing health care and law enforcement resources; and (2)improving the housing and socioeconomic status of Native Americans;
 Whereas the United States is committed to strengthening the government-to-government relationship that the United States has maintained with the various Indian tribes;
 Whereas Congress has recognized the contributions of the Iroquois Confederacy and the influence of the Iroquois Confederacy on the Founding Fathers in the drafting of the Constitution of the United States with the concepts of—
 (1)freedom of speech; (2)the separation of governmental powers; and
 (3)the system of checks and balances between the branches of government; Whereas, with the enactment of the Native American Heritage Day Act of 2009 (Public Law 111–33; 123 Stat. 1922), Congress—
 (1)reaffirmed the government-to-government relationship between the United States and Native American governments; and
 (2)recognized the important contributions of Native Americans to the culture of the United States; Whereas Native Americans have made distinct and important contributions to the United States and the rest of the world in many fields, including the fields of agriculture, medicine, music, language, and art;
 Whereas Native Americans have distinguished themselves as inventors, entrepreneurs, spiritual leaders, and scholars;
 Whereas Native Americans have served with honor and distinction in the Armed Forces and continue to serve in the Armed Forces in greater numbers per capita than any other group in the United States;
 Whereas the United States has recognized the contribution of the Native American code talkers in World War I and World War II, who used indigenous languages as an unbreakable military code, saving countless lives in the United States; and
 Whereas the people of the United States have reason to honor the great achievements and contributions of Native Americans and their ancestors: Now, therefore, be it

 That the House of Representatives— (1)recognizes National Native American Heritage Month;
 (2)recognizes Native American Heritage Day in accordance with section 2(10) of the Native American Heritage Day Act of 2009 (Public Law 111–33; 123 Stat. 1923); and
 (3)urges the people of the United States to observe National Native American Heritage Month and Native American Heritage Day with appropriate programs and activities.


117 HR 4585 IH: Everyday Philanthropist Act
U.S. House of Representatives
2021-07-20
text/xml
EN
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I117th CONGRESS1st SessionH. R. 4585IN THE HOUSE OF REPRESENTATIVESJuly 20, 2021Mr. Suozzi (for himself and Mr. Buchanan) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for flexible giving accounts, and for other purposes.1.Short titleThis Act may be cited as the Everyday Philanthropist Act.2.Flexible giving accounts(a)In generalSubsection (a) of section 132 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting , or, and by inserting after paragraph (8) the following:(9)flexible giving account..(b)Flexible giving accountSection 132 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following:(o)Flexible giving account(1)In general(A)Flexible giving accountFor purposes of this subsection, a flexible giving account is an account under an arrangement which is a separate written plan of an employer for the exclusive benefit of all eligible employees under which—(i)an employee may elect—(I)to receive a reduction in compensation and have the employer deposit the amount of the reduction in a flexible giving account of the electing employee, and(II)before the reduction under subclause (I), to designate one or more eligible entities to which distributions are to be made from the account,(ii)the employer will not make any reduction under clause (i)(I) unless one or more entities have been designated under clause (i)(II),(iii)the employer, as soon after the deposit under clause (i)(I) as practicable, makes the disbursements designated under clause (i),(iv)the employer provides reasonable notification of the availability and terms of the arrangement to all eligible employees,(v)the employer maintains a separate flexible giving account on behalf of each employee for whom an election is in effect clause (i), and(vi)the employer agrees to furnish to each participating employee, on or before January 31 of each year, a written accounting of the employee’s flexible giving account showing deposits and disbursements during the previous calendar year.(B)Maximum reductionThe amount of a reduction under subparagraph (A) for a taxable year shall not exceed $2,700.(2)Eligible employeeFor purposes of this subsection—(A)In general(i)Eligible employeeThe term eligible employee means, with respect to a flexible giving account, any employee who is not a highly compensated or key employee and who is eligible to participate in the arrangement.(ii)Highly compensated employeeThe term highly compensated employee has the meaning given such term by section 414(q).(iii)Key employeeThe term key employee has the meaning given such term by section 416(i).(B)Certain employees may be excludedFor purposes of subparagraph (A), an employer may elect to exclude under the arrangement described in paragraph (1) any employee who—(i)has not attained the age of 21 before the close of a plan year of the arrangement,(ii)has less than 1 year of service with the employer as of any day during the plan year, and(iii)is described in section 410(b)(3)(C) (relating to nonresident aliens working outside the United States).(C)Shorter service period; younger ageAn arrangement may provide a shorter period of service or younger age for purposes of subparagraph (B).(3)Tax treatment of distributions(A)In generalAny distribution from a flexible giving account shall not be includible in the gross income of the distributee.(B)Coordination with section 170Distributions from the flexible giving account of an employee—(i)shall be treated as a charitable contribution of the employee for purposes of section 170,(ii)shall not be taken into account under section 170(a) (relating to allowance of deduction), but(iii)shall be taken into account under section 170(b) (relating to percentage limitation).(C)Identifying informationNo distribution shall be excluded from the gross income under subparagraph (A) unless the taxpayer provides on the return of tax the name and address of the entity to whom the distribution is made. In the case of a failure to provide the information required by the preceding sentence, the preceding sentence shall not apply if it is shown that the taxpayer exercised due diligence in attempting to provide the information so required.(4)Eligible entityFor purposes of this section, the term eligible entity means any entity described in paragraphs (1) through (5) of section 170(c) other than a private foundation described in subsection (b)(1)(F)..(c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.