113 S193 IS: Startup Innovation Credit Act of 2013
U.S. Senate
2013-01-31
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.

		II
		113th CONGRESS
		1st Session
		S. 193
		IN THE SENATE OF THE UNITED STATES

			January 31, 2013
			Mr. Coons (for himself,
			 Mr. Enzi, Mr.
			 Schumer, Mr. Rubio,
			 Mr. Blunt, Ms.
			 Stabenow, and Mr. Moran)
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to provide for
		  startup businesses to use a portion of the research and development credit to
		  offset payroll taxes.

		1.Short titleThis Act may be cited as the
			 Startup Innovation Credit Act of
			 2013.
		2.Treatment of research
			 credit for certain startup companies
			(a)In
			 general
				(1)In
			 generalSection 41 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new subsection:

						(i)Treatment of
				credit to qualified small businesses
							(1)In
				generalAt the election of a qualified small business, the
				payroll tax credit portion of the credit determined under subsection (a) shall
				be treated as a credit allowed under section 3111(f) (and not under this
				section).
							(2)Payroll tax
				credit portionFor purposes of this subsection, the payroll tax
				credit portion of the credit determined under subsection (a) for any taxable
				year is so much of such credit as does not exceed $250,000.
							(3)Qualified small
				businessFor purposes of this subsection—
								(A)In
				generalThe term qualified small business means,
				with respect to any taxable year—
									(i)a corporation,
				partnership, or S corporation if—
										(I)the gross
				receipts (as determined under subsection (c)(7)) of such entity for the taxable
				year is less than $5,000,000, and
										(II)such entity did
				not have gross receipts (as so determined) for any period preceding the
				5-taxable-year period ending with such taxable year, and
										(ii)any person not
				described in subparagraph (A) if clauses (i) and (ii) of subparagraph (A)
				applied to such person, determined—
										(I)by substituting
				person for entity each place it appears,
				and
										(II)in the case of
				an individual, by only taking into account the aggregate gross receipts
				received by such individual in carrying on trades or businesses of such
				individual.
										(B)LimitationSuch
				term shall not include an organization which is exempt from taxation under
				section 501.
								(4)Election
								(A)In
				generalIn the case of a partnership or S corporation, an
				election under this subsection shall be made at the entity level.
								(B)RevocationAn
				election under this subsection may not be revoked without the consent of the
				Secretary.
								(C)LimitationA
				taxpayer may not make an election under this subsection if such taxpayer has
				made an election under this subsection for 5 or more preceding taxable
				years.
								(5)Aggregation
				rulesFor purposes of determining the $250,000 limitation under
				paragraph (2) and determining gross receipts under paragraph (3), all members
				of the same controlled group of corporations (within the meaning of section
				267(f)) and all persons under common control (within the meaning of section
				52(b) but determined by treating an interest of more than 50 percent as a
				controlling interest) shall be treated as 1 person.
							(6)RegulationsThe
				Secretary shall prescribe such regulations as may be necessary to carry out the
				purposes of this subsection, including—
								(A)regulations to
				prevent the avoidance of the purposes of paragraph (3) through the use of
				successor companies or other means,
								(B)regulations to
				minimize compliance and recordkeeping burdens under this subsection for
				start-up companies, and
								(C)regulations for
				recapturing the benefit of credits determined under section 3111(f) in cases
				where there is a subsequent adjustment to the payroll tax credit portion of the
				credit determined under subsection (a), including requiring amended returns in
				the cases where there is such an
				adjustment.
								.
				(2)Conforming
			 amendmentSection 280C(c) of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new paragraph:

						(5)Treatment of
				qualified small business creditFor purposes of determining the
				amount of any credit under section 41(a) under this subsection, any election
				under section 41(i) shall be
				disregarded.
						.
				(b)Credit allowed
			 against FICA taxes
				(1)In
			 generalSection 3111 of the Internal Revenue Code of 1986 is
			 amended by adding at the end the following new subsection:

						(f)Credit for
				research expenditures of qualified small businesses
							(1)In
				generalIn the case of a qualified small business which has made
				an election under section 41(i), there shall be allowed as a credit against the
				tax imposed by subsection (a) on wages paid with respect to the employment of
				all employees of the qualified small business for days in an applicable
				calendar quarter an amount equal to the payroll tax credit portion of the
				research credit determined under section 41(a).
							(2)Carryover of
				unused creditIn any case in which the payroll tax credit portion
				of the research credit determined under section 41(a) exceeds the tax imposed
				under subsection (a) for an applicable calendar quarter—
								(A)the succeeding
				calendar quarter shall be treated as an applicable calendar quarter, and
								(B)the amount of
				credit allowed under paragraph (1) shall be reduced by the amount of credit
				allowed under such paragraph for all preceding applicable calendar
				quarters.
								(3)Allocation of
				credit for controlled groups, etcIn determining the amount of
				the credit under this subsection—
								(A)all persons
				treated as a single taxpayer under section 41 shall be treated as a single
				taxpayer under this section, and
								(B)the credit (if
				any) allowable by this section to each such member shall be its proportionate
				share of the qualified research expenses, basic research payments, and amounts
				paid or incurred to energy research consortiums, giving rise to the credit
				allowable under section 41.
								(4)DefinitionsFor
				purposes of this subsection—
								(A)Applicable
				calendar quarterThe term applicable calendar
				quarter means—
									(i)the first
				calendar quarter following the date on which the qualified small business files
				a return under section 6012 for the taxable year for which the payroll tax
				credit portion of the research credit under section 41(a) is determined,
				and
									(ii)any succeeding
				calendar quarter treated as an applicable calendar quarter under paragraph
				(2)(A).
									For
				purposes of determining the date on which a return is filed, rules similar to
				the rules of section 6513 shall apply.
								(B)Other
				termsAny term used in this subsection which is also used in
				section 41 shall have the meaning given such term under section
				41.
								.
				(2)Transfers to
			 federal old-age and survivors insurance trust fundThere are
			 hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the
			 Federal Disability Insurance Trust Fund established under section 201 of the
			 Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues
			 to the Treasury by reason of the amendments made by paragraph (1). Amounts
			 appropriated by the preceding sentence shall be transferred from the general
			 fund at such times and in such manner as to replicate to the extent possible
			 the transfers which would have occurred to such Trust Fund had such amendments
			 not been enacted.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2012.


		II
		Calendar No. 227
		111th CONGRESS
		1st Session
		S. 705
		[Report No. 111–107]
		IN THE SENATE OF THE UNITED STATES

			March 25, 2009
			Mr. Kerry (for himself,
			 Mr. Lugar, Mr.
			 Kaufman, Mr. Menendez,
			 Mrs. Shaheen, and
			 Mrs. Gillibrand) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Foreign
			 Relations

			December 15, 2009
			Reported by Mr. Kerry,
			 without amendment

		A BILL
		To reauthorize the programs of the Overseas
		  Private Investment Corporation, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Overseas Private Investment
			 Corporation Reauthorization Act of 2009.
		2.Reauthorization
			 of OPIC programsSection
			 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)) is
			 amended by striking September 30, 2007 and inserting
			 September 30, 2013.
		3.Congressional
			 notification regarding maximum contingent liabilitySection 239 of the Foreign Assistance Act of
			 1961 (22 U.S.C. 2199) is amended by adding at the end the following:

				(l)Congressional
				notification of increase in maximum contingent liabilityThe Corporation shall notify the Committee
				on Foreign Relations of the Senate and the Committee on Foreign Affairs of the
				House of Representatives not later than 15 days after the date on which the
				Corporation’s maximum contingent liability outstanding at any one time pursuant
				to insurance issued under section 234(a), and the amount of financing issued
				under section 234 (b) and (c), exceeds the Corporation’s maximum contingent
				liability for the preceding fiscal year by 25 percent or
				more.
				.
		4.Transparency and
			 accountability of investment funds
			(a)In
			 generalSection 239 of the Foreign Assistance Act of 1961 (22
			 U.S.C. 2199), as amended by section 3, is amended by adding at the end the
			 following:

					(m)Transparency
				and accountability of investment funds
						(1)Competitive
				selection of investment fund managementWith respect to any
				investment fund that the Corporation creates on or after the date of the
				enactment of the Overseas Private Investment Corporation Reauthorization Act of
				2009, the Corporation may select persons to manage the fund only by contract
				using competitive procedures that are full and open.
						(2)Criteria for
				selectionIn assessing a proposal for investment fund management,
				the Corporation shall consider, in addition to other factors, the
				following:
							(A)The prospective
				fund management's experience, depth, and cohesiveness.
							(B)The prospective
				fund management's track record in investing risk capital in emerging
				markets.
							(C)The prospective
				fund management's experience, management record, and monitoring capabilities in
				the countries in which the management operates, including details of local
				presence (directly or through local alliances).
							(D)The prospective
				fund management's experience as a fiduciary in managing institutional capital,
				meeting reporting requirements, and administration.
							(E)The prospective
				fund management's record in avoiding investments in companies that would be
				disqualified under section 239(l).
							(3)Annual
				reportThe Corporation shall include in each annual report under
				section 240A an analysis of the investment fund portfolio of the Corporation,
				including the following:
							(A)Fund
				performanceAn analysis of the aggregate financial performance of
				the investment fund portfolio grouped by region and maturity.
							(B)Status of loan
				guarantiesThe amount of guaranties committed by the Corporation
				to support investment funds, including the percentage of such amount that has
				been disbursed to the investment funds.
							(C)Risk
				ratingsThe definition of risk ratings, and the current aggregate
				risk ratings for the investment fund portfolio, including the number of
				investment funds in each of the Corporation's rating categories.
							(D)Competitive
				selection of investment fund managementThe number of proposals
				received and evaluated for each newly established investment
				fund.
							.
			(b)GAO
			 reviewNot later than 1 year after the submission of the first
			 report to Congress under section 240A of the Foreign Assistance Act of 1961
			 that includes the information required by section 239(m)(3) of that Act (as
			 added by subsection (a) of this section), the Comptroller General of the United
			 States shall prepare and submit to the Committee on Foreign Relations of the
			 Senate and the Committee on Foreign Affairs of the House of Representatives an
			 independent assessment of the investment fund portfolio of the Overseas Private
			 Investment Corporation, covering the items required to be addressed under such
			 section 239(m)(3).
			5.Increased
			 transparency
			(a)In
			 generalSection 231A(c)(2) of the Foreign Assistance Act of 1961
			 (22 U.S.C. 2191a(c)(2)) is amended to read as follows:

					(2)In conjunction with each meeting of
				its Board of Directors, the Corporation shall hold a public hearing in order to
				afford an opportunity for any person to present views regarding the activities
				of the Corporation. The Corporation shall provide notice of the hearing at
				least 20 days before the hearing. At least 15 days in before the hearing the
				Corporation shall make available a public summary of each project, including
				information related to workers rights, to be considered at the meeting. The
				Corporation shall not include any confidential business information in the
				summary made available under this subsection. Any views expressed at the
				hearing or in written comments shall be made part of the
				record.
					.
			(b)Additional
			 transparencySection 237 of the Foreign Assistance Act of 1961
			 (22 U.S.C. 2197) is amended by adding at the end the following new
			 subsections:

					(p)Review of
				methodologyNot later than
				180 days after the date of the enactment of the Overseas Private Investment
				Corporation Reauthorization Act of 2009, the Corporation shall make available
				to the public the methodology, including relevant regulations, used to assess
				and monitor the impact of projects supported by the Corporation—
						(1)on employment in the United States;
						(2)on development and the environment in host
				countries; and
						(3)on the protection of internationally
				recognized worker rights, as well as the elimination of discrimination with
				respect to employment and occupation, in host countries.
						(q)Public
				notice prior to project approval
						(1)Public
				notice
							(A)In
				generalThe Board of Directors of the Corporation may not vote in
				favor of any action proposed to be taken by the Corporation on a Category A
				project before the date that is 60 days after the Corporation—
								(i)makes
				available for public comment a summary of the project and relevant information
				about the project; and
								(ii)such summary
				and information described in clause (i) has been made available to groups in
				the area that may be impacted by the proposed project and to nongovernmental
				organizations in the host country.
								(B)ExceptionThe
				Corporation shall not include any confidential business information in the
				summary and information made available under clauses (i) and (ii) of
				subparagraph (A).
							(2)Published
				responseTo the extent
				practicable, the Corporation shall publish responses to the comments received
				under paragraph (1)(A)(i) with respect to a Category A project and submit the
				responses to the Board not later than 7 days before a vote is to be taken on
				any action proposed by the Corporation on the project.
						(3)Category A
				project definedThe term
				Category A project means any project or other activity for which
				the Corporation proposes to provide insurance, reinsurance, a guaranty,
				financing, or other assistance under this title and which is likely to have a
				significant adverse environmental
				impact.
						.

			(c)Office of
			 AccountabilitySection 237 of the Foreign Assistance Act of 1961
			 (22 U.S.C. 2197), as amended by subsection (b) of this section, is amended by
			 adding at the end the following new subsection:

					(r)Office of
				AccountabilityThe
				Corporation shall maintain an Office of Accountability to provide, to the
				maximum extent practicable, upon request, problem-solving services for projects
				supported by the Corporation and review of the Corporation’s compliance with
				its environmental, social, internationally recognized worker rights, human
				rights, and transparency policies and procedures. The Office of Accountability
				shall operate in a manner that is fair, objective, and
				transparent.
					.
			6.Extraction
			 investmentTitle IV of chapter
			 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.) is
			 amended by inserting after section 234A the following new section:

				234B.Extraction
				investment
					(a)Extraction
				investments
						(1)Prior
				notification to congressional committees
							(A)In
				generalThe Corporation shall provide notice of consideration of
				approval of a project described in subparagraph (B) to the Committees on
				Foreign Relations and Appropriations of the Senate and the Committees on
				Foreign Affairs and Appropriations of the House of Representatives not later
				than 60 days before approval of such project.
							(B)Project
				describedA project described in this subparagraph is a Category
				A project (as defined in section 237(q)(3)) relating to an extractive industry
				project or any extractive industry project for which the assistance to be
				provided by the Corporation is valued at $10,000,000 or more (including
				contingent liability).
							(2)Commitment to
				EITI principles
							(A)In
				generalExcept as provided in subparagraph (B), the Corporation
				may approve a contract of insurance, reinsurance, a guaranty, or enter into an
				agreement to provide financing to an eligible investor for a project that
				significantly involves an extractive industry only if—
								(i)the eligible
				investor has agreed to implement the Extractive Industries Transparency
				Initiative principles and criteria, or substantially similar principles and
				criteria related to the specific project to be carried out; and
								(ii)(I)the host country where
				the project is to be carried out has committed to the Extractive Industries
				Transparency Initiative principles and criteria, or substantially similar
				principles and criteria; or
									(II)the host country where the project is to
				be carried out has in place or is taking the necessary steps to establish
				functioning systems for—
										(aa)accurately accounting for revenues
				and expenditures in connection with the extraction and export of the type of
				natural resource to be extracted or exported;
										(bb)the independent audit of such
				revenues and expenditures and the widespread public dissemination of the
				finding of the audit; and
										(cc)verifying government receipts against
				company payments, including widespread dissemination of such payment
				information, and disclosure of such documents as host government agreements,
				concession agreements, and bidding documents, and allowing in any such
				dissemination or disclosure for the redaction of, or exceptions for,
				information that is commercially proprietary or that would create a competitive
				disadvantage.
										(B)ExceptionIf
				a host country does not meet the requirements of subparagraph (A)(ii) (I) or
				(II), the Corporation may approve a contract of insurance, reinsurance, or a
				guaranty, or enter into an agreement to provide financing for a project in the
				host country if the Corporation determines it is in the foreign policy interest
				of the United States for the Corporation to provide support for the project in
				the host country and the host country does not prevent an eligible investor
				from complying with subparagraph (A)(i).
							(3)Preference for
				certain projectsWith respect to all projects that significantly
				involve an extractive industry, the Corporation, to the extent practicable and
				consistent with the Corporation's development objectives, shall give preference
				to a project in which the eligible investor has agreed to implement the
				Extractive Industries Transparency Initiative principles and criteria, or
				substantially similar principles and criteria, and the host country where the
				project is to be carried out has committed to the Extractive Industries
				Transparency Initiative principles and criteria, or substantially similar
				principles and criteria.
						(4)Effect on other
				requirementsNothing in this subsection shall affect the
				limitations and prohibitions with respect to direct investments described in
				section 234(c).
						(5)Reporting
				requirementThe Corporation shall include in each annual report
				required under section 240A a description of its activities to carry out this
				subsection.
						(b)Extractive industryThe term extractive industry
				refers to an enterprise engaged in the exploration, development, or extraction
				of oil and gas reserves, metal ores, gemstones, industrial minerals (except
				rock used for construction purposes), or
				coal.
					.
		7.Assistance for
			 small businesses and entitiesSection 240 of the Foreign Assistance Act of
			 1961 (22 U.S.C. 2200) is amended by adding at the end the following:

				(c)Resources
				dedicated to small businesses, cooperatives, and other small United States
				investorsThe Corporation
				shall ensure that adequate personnel and resources, including senior officers,
				are dedicated to assist United States small businesses, cooperatives, and other
				small United States investors in obtaining insurance, reinsurance, financing,
				and other assistance under this title. The Corporation shall include, in each
				annual report under section 240A, the following information with respect to the
				period covered by the report:
					(1)A description of
				such personnel and resources.
					(2)The number of
				United States small businesses, cooperatives, and other small United States
				investors that received insurance, reinsurance, financing, and other assistance
				from the Corporation, and the dollar value of such insurance, reinsurance,
				financing, and other assistance.
					(3)A description of
				the projects for which the insurance, reinsurance, financing, and other
				assistance was
				provided.
					.
		8.Preferential
			 consideration of certain investment projectsSection 231(f) of the Foreign Assistance Act
			 of 1961 (22 U.S.C. 2191(f)) is amended to read as follows:

				(f)to the greatest
				degree practicable and consistent with the goals of the Corporation, to give
				preferential consideration to investment projects in any less developed country
				the government of which is receptive to both domestic and foreign private
				enterprise and to projects in any country the government of which is willing
				and able to maintain conditions that enable private enterprise to make a full
				contribution to the development
				process;
				.
		9.Extension of
			 authority to operate in IraqSection 239 of the Foreign Assistance Act of
			 1961 (22 U.S.C. 2199), as amended by sections 3 and 4, is amended by adding at
			 the end the following:

				(n)Operations in
				IraqNotwithstanding subsections (a) and (b) of section 237, the
				Corporation is authorized to undertake in Iraq any program authorized by this
				title.
				.
		10.Ineligibility
			 of persons doing certain business with State sponsors of terrorism
			(a)In
			 generalSection 231 of the Foreign Assistance Act of 1961 (22
			 U.S.C. 2191) is amended by—
				(1)striking
			 and at the end of division (m);
				(2)by striking the
			 period at the end of division (n) and inserting ; and;
			 and
				(3)by adding at the
			 end the following:

						(o)to decline to
				issue any contract of insurance or reinsurance, or any guaranty, or to enter
				into any agreement to provide financing or any other assistance for a
				prospective eligible investor who enters, directly or through an affiliate,
				into certain discouraged transactions with a state sponsor of
				terrorism.
						.
				(b)General
			 provisions and powersSection 239 of the Foreign Assistance Act
			 of 1961 (22 U.S.C. 2199), as amended by sections 3, 4, and 9, is amended by
			 adding at the end the following:

					(o)State sponsor
				of terrorism
						(1)In
				generalIn order to carry out the policy set forth in section
				231(o) of this Act, the Corporation shall require a certification from an
				officer of a prospective OPIC-supported United States investor that the
				investor and all affiliates of the investor are not engaged in a discouraged
				transaction with a state sponsor of terrorism.
						(2)Discouraged
				transactionIn this subsection, the term discouraged
				transaction means any of the following activities:
							(A)An investment
				commitment of $20,000,000 or more by the investor in the energy sector in a
				state sponsor of terrorism.
							(B)Any loan, or an
				extension of credit, to the government of a state sponsor of terrorism by the
				investor that—
								(i)is outstanding on
				the date the Corporation enters into a contract with the investor; and
								(ii)that has a value
				of more than $5,000,000, including the sale of goods for which payment is not
				required by the purchaser within 45 days.
								(C)The transfer by
				the investor of goods that are included on the United States Munitions List,
				referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C.
				2778(a)(1)) to a state sponsor of terrorism within the 3-year period preceding
				the date the Corporation enters into a contract with the investor.
							(3)ExceptionAn
				officer of a prospective OPIC-supported United States investor may provide a
				certification under this subsection notwithstanding the fact that an affiliate
				of the investor is engaged in a discouraged transaction if the transaction is
				carried out under a contract or other obligation of the affiliate that was
				entered into or incurred before the acquisition of such affiliate by the
				prospective OPIC-supported United States investor or the parent company of the
				OPIC-supported United States investor.
						(4)DefinitionsIn
				this subsection:
							(A)AffiliateThe
				term affiliate means any person that is directly or indirectly
				controlled by, under common control with, or controls a prospective
				OPIC-supported United States investor or the parent company of such
				investor.
							(B)Investment
				commitment in the energy sector of a state sponsor of
				terrorismThe term investment commitment in the energy
				sector of a state sponsor of terrorism means any of the following
				activities if such activity is undertaken pursuant to a commitment, or pursuant
				to the exercise of rights under a commitment, that was entered into with the
				government of a state sponsor of terrorism or a nongovernmental entity in a
				country that is a state sponsor of terrorism:
								(i)The entry into a
				contract that includes responsibility for the development or transportation of
				petroleum or natural gas resources located in a country that is a state sponsor
				of terrorism, or the entry into a contract providing for the general
				supervision or guaranty of another person's performance of such a
				contract.
								(ii)The purchase of
				a share of ownership, including an equity interest, in the development of
				petroleum or natural resources described in clause (i).
								(iii)The entry into
				a contract providing for the participation in royalties, earnings, or profits
				in the development of petroleum or natural resources described in clause (i),
				without regard to the form of the participation.
								(C)State sponsor
				of terrorismThe term state sponsor of terrorism
				—
								(i)means any country
				the government of which the Secretary of State has determined has repeatedly
				provided support for acts of international terrorism pursuant to section 6(j)
				of the Export Administration Act of 1979, section 620A of this Act, or section
				40 of the Arms Export Control Act; and
								(ii)does not include
				Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and
				Abyei, Darfur, if the Corporation, with the concurrence of the Secretary of
				State, determines that providing assistance for projects in such regions will
				provide emergency relief, promote economic self-sufficiency, or implement a
				nonmilitary program in support of a viable peace agreement in Sudan, such as
				the Comprehensive Peace Agreement for Sudan and the Darfur Peace
				Agreement.
								.
			11.Prohibition on
			 assistance to develop or promote certain railway connections and
			 railway-related connectionsSection 237 of the Foreign Assistance Act of
			 1961 (22 U.S.C. 2197), as amended by section 5, is amended by adding at the end
			 the following:

				(s)Prohibition on
				assistance for certain railway projectsThe Corporation may not
				provide insurance, reinsurance, a guaranty, financing, or other assistance to
				support the development or promotion of a railway connection or railway-related
				connection that connects Azerbaijan and Turkey without connecting or traversing
				with
				Armenia.
				.
		12.Increasing
			 project requirements regarding employmentSubsection (a) of section 231A of the
			 Foreign Assistance Act of 1961 (22 U.S.C. 2191a(a)) is amended to read as
			 follows:

				(a)Increasing
				project requirements regarding employment
					(1)In
				generalThe Corporation may insure, reinsure, guaranty, or
				finance a project only if—
						(A)the country in
				which the project is to be undertaken is eligible for designation as a
				beneficiary developing country under the Generalized System of Preferences (19
				U.S.C. 2461 et seq.) and has not been determined to be ineligible for such
				designation on the basis of section 502(b)(2)(G) of the Trade Act of 1974 (19
				U.S.C. 2462(b)(2)(G)) (relating to internationally recognized worker rights),
				or section 502(b)(2)(H) of such Act (19 U.S.C. 2462(b)(2)(H) (relating to the
				worst forms of child labor); or
						(B)the country in
				which the project is to be undertaken is not eligible for designation as a
				beneficiary country under the Generalized System of Preferences, the government
				of that country has taken or is taking steps to afford workers in the country
				(including any designated zone or special administrative region or area in that
				country) internationally recognized worker rights (as defined in section 507(4)
				of the Trade Act of 1974 (19 U.S.C. 2467(4))).
						(2)Limitation
				inapplicableThe limitation contained in paragraph (1) shall not
				apply to providing assistance for humanitarian services.
					(3)Use of
				reportsThe Corporation shall, in implementing paragraph (1),
				consider—
						(A)information
				contained in the reports required by sections 116(d) and 502B(b) of this Act
				and the report required by section 504 of the Trade Act of 1974 (19 U.S.C.
				2464);
						(B)other relevant
				sources of information readily available to the Corporation, including
				observations, reports, and recommendations of the International Labour
				Organization; and
						(C)information
				provided in the hearing required under subsection (c).
						(4)Contract
				languageThe Corporation shall include the following language, in
				substantially the following form, in all contracts which the Corporation enters
				into with eligible investors to provide support under this title:
					The
				investor agrees not to take any actions to obstruct or prevent employees of the
				foreign enterprise from exercising the employees' internationally recognized
				worker rights (as defined in section 507(4) of the Trade Act of 1974 (19 U.S.C.
				2467(4))) and the investor agrees to adhere to the obligations regarding those
				rights. The investor agrees to prohibit discrimination with respect to
				employment and occupation.
					(5)Preference to
				certain countriesConsistent with its development objectives, the
				Corporation shall give preferential consideration to projects in countries
				that—
						(A)have adopted and
				maintained, in the country’s laws and regulations, internationally recognized
				worker rights, as well as the elimination of discrimination with respect to
				employment and occupation; and
						(B)are effectively
				enforcing those
				laws.
						.
		13.Technical
			 corrections
			(a)Pilot equity
			 finance programSection 234 of the Foreign Assistance Act of 1961
			 (22 U.S.C. 2194) is amended—
				(1)by striking
			 subsection (g); and
				(2)by redesignating
			 subsection (h) as subsection (g).
				(b)Transfer
			 authoritySection 235 of the Foreign Assistance Act of 1961 (22
			 U.S.C. 2195) is amended—
				(1)by striking
			 subsection (e); and
				(2)by redesignating
			 subsection (f) as subsection (e).
				(c)Guaranty
			 contractSection 237(j) of the Foreign Assistance Act of 1961 (22
			 U.S.C. 2197(j)) is amended by inserting insurance, reinsurance,
			 and after Each.
			(d)Transfer of
			 predecessor programs and authorities
				(1)TransferSection
			 239 of the Foreign Assistance Act of 1961 (22 U.S.C. 2199), as amended by
			 sections 3, 4, 9, and 10, is amended—
					(A)by striking
			 subsection (b); and
					(B)by redesignating
			 subsections (c) through (o) as subsections (b) through (n),
			 respectively.
					(2)Conforming
			 amendments
					(A)Section 237(m)(1)
			 of the Foreign Assistance Act of 1961 (22 U.S.C. 2197(m)(1)) is amended by
			 striking 239(g) and inserting 239(f).
					(B)Section 240A(a)
			 of the Foreign Assistance Act of 1961 (22 U.S.C. 2200a(a)) is amended—
						(i)in
			 paragraph (1), by striking 239(h) and inserting
			 239(g); and
						(ii)in
			 paragraph (2)(A), by striking 239(i) and inserting
			 239(h).
						(C)Section
			 209(e)(16) of the Admiral James W. Nance and Meg Donovan Foreign Relations
			 Authorization Act, Fiscal Years 2000 and 2001 (as enacted into law by section
			 1000(a)(7) of Public Law 106–113; 31 U.S.C. 1113 note) is amended by striking
			 239(c) and 2199(c) and inserting
			 239(b) and 2199(b), respectively.
					(e)Additional
			 clerical amendmentsSection 234(b) of the Foreign Assistance Act
			 of 1961 (22 U.S.C. 2194(b)) is amended by striking 235(a)(2) and
			 inserting 235(a)(1).

		December 15, 2009
		Reported without amendment


		IB
		Union Calendar No. 272
		112th CONGRESS
		2d Session
		H. R. 3408
		[Report No.
		  112–392]
		IN THE HOUSE OF
		  REPRESENTATIVES

			November 14, 2011
			Mr. Lamborn
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources

			February 9, 2012
			Reported with an amendment, committed to the Committee of
			 the Whole House on the State of the Union, and ordered to be
			 printed
			Strike out all after the enacting clause and insert
			 the part printed in italic
			For text of introduced bill, see copy of bill as
			 introduced on November 14, 2011

		A BILL
		To set clear rules for the development of
		  United States oil shale resources, to promote shale technology research and
		  development, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Protecting Investment in Oil Shale the
			 Next Generation of Environmental, Energy, and Resource Security
			 Act or the PIONEERS Act.
		2.Effectiveness of oil
			 shale regulations, amendments to resource management plans, and record of
			 decision
			(a)RegulationsNotwithstanding any other law or regulation
			 to the contrary, the final regulations regarding oil shale management published
			 by the Bureau of Land Management on November 18, 2008 (73 Fed. Reg. 69,414) are
			 deemed to satisfy all legal and procedural requirements under any law,
			 including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
			 seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
			 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the
			 Energy Policy Act of 2005 (Public Law 109–58), and the Secretary of the
			 Interior shall implement those regulations, including the oil shale leasing
			 program authorized by the regulations, without any other administrative action
			 necessary.
			(b)Amendments to resource
			 management plans and record of decisionNotwithstanding any other
			 law or regulation to the contrary, the November 17, 2008 U.S. Bureau of Land
			 Management Approved Resource Management Plan Amendments/Record of Decision for
			 Oil Shale and Tar Sands Resources to Address Land Use Allocations in Colorado,
			 Utah, and Wyoming and Final Programmatic Environmental Impact Statement are
			 deemed to satisfy all legal and procedural requirements under any law,
			 including the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et
			 seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the
			 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the
			 Energy Policy Act of 2005 (Public Law 109–58), and the Secretary of the
			 Interior shall implement the oil shale leasing program authorized by the
			 regulations referred to in subsection (a) in those areas covered by the
			 resource management plans amended by such amendments, and covered by such
			 record of decision, without any other administrative action necessary.
			3.Oil shale
			 leasing
			(a)Additional research and
			 development lease salesThe Secretary of the Interior shall hold
			 a lease sale within 180 days after the date of enactment of this Act offering
			 an additional 10 parcels for lease for research, development, and demonstration
			 of oil shale resources, under the terms offered in the solicitation of bids for
			 such leases published on January 15, 2009 (74 Fed. Reg. 10).
			(b)Commercial lease
			 salesNo later than January
			 1, 2016, the Secretary of the Interior shall hold no less than 5 separate
			 commercial lease sales in areas considered to have the most potential for oil
			 shale development, as determined by the Secretary, in areas nominated through
			 public comment. Each lease sale shall be for an area of not less than 25,000
			 acres, and in multiple lease blocs.
			4.Policies regarding
			 buying, building, and working for America
			(a)Congressional
			 intentIt is the intent of the Congress that—
				(1)this Act will support a
			 healthy and growing United States domestic energy sector that, in turn, helps
			 to reinvigorate American manufacturing, transportation, and service sectors by
			 employing the vast talents of United States workers to assist in the
			 development of energy from domestic sources;
				(2)to ensure a robust oil
			 shale industry and ensure that the benefits of development support local
			 communities, under this Act, the Secretary shall make every effort to promote
			 the development of oil shale in a manner that will support the long-term
			 commercial development of oil shale, and shall take into consideration the
			 socioeconomic impacts, infrastructure requirements, and fiscal stability for
			 local communities located within areas containing oil shale resources;
			 and
				(3)the Congress will monitor
			 the deployment of personnel and material onshore to encourage the development
			 of American technology and manufacturing to enable United States workers to
			 benefit from this Act through good jobs and careers, as well as the
			 establishment of important industrial facilities to support expanded access to
			 American resources.
				(b)RequirementThe
			 Secretary of the Interior shall when possible, and practicable, encourage the
			 use of United States workers and equipment manufactured in the United States in
			 all construction related to mineral resource development under this Act.

		February 9, 2012
		Reported with an amendment, committed to the Committee of
		  the Whole House on the State of the Union, and ordered to be
		  printed


I114th CONGRESS2d SessionH. R. 6140IN THE HOUSE OF REPRESENTATIVESSeptember 22, 2016Mr. Cárdenas introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Safe Drinking Water Act to require the Administrator of the Environmental Protection Agency to publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for perchlorate, and for other purposes.
1.Deadline for regulations on perchlorateSection 1412(b)(2) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(2)) is amended by adding at the end the following:  (D)PerchlorateNotwithstanding any other deadline established in this subsection, not later than 12 months after the date of enactment of this subparagraph, the Administrator shall publish a maximum contaminant level goal and promulgate a national primary drinking water regulation for perchlorate. .


116 S3527 IS: To waive required minimum distribution rules for retirement plans in 2020.
U.S. Senate
2020-03-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3527IN THE SENATE OF THE UNITED STATESMarch 18, 2020Mr. Markey (for himself, Mr. Durbin, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo waive required minimum distribution rules for retirement plans in 2020.1.Temporary waiver of required minimum distribution rules for certain retirement plans and accounts(a)In generalSection 401(a)(9) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:(I)Temporary waiver of minimum required distribution(i)In generalThe requirements of this paragraph shall not apply for calendar year 2020 to—(I)a defined contribution plan which is described in this subsection or in section 403(a) or 403(b),(II)a defined contribution plan which is an eligible deferred compensation plan described in section 457(b) but only if such plan is maintained by an employer described in section 457(e)(1)(A), or(III)an individual retirement plan.(ii)Special rules regarding waiver periodFor purposes of this paragraph—(I)the required beginning date with respect to any individual shall be determined without regard to this subparagraph for purposes of applying this paragraph for calendar years after 2020, and(II)if clause (ii) of subparagraph (B) applies, the 5-year period described in such clause shall be determined without regard to calendar year 2020..(b)Eligible rollover distributionsSection 402(c)(4) of the Internal Revenue Code of 1986 (defining eligible rollover distribution) is amended by adding at the end the following new flush sentence:If all or any portion of a distribution during 2020 is treated as an eligible rollover distribution but would not be so treated if the minimum distribution requirements under section 401(a)(9) had applied during 2020, such distribution shall not be treated as an eligible rollover distribution for purposes of section 401(a)(31) or 3405(c) or subsection (f) of this section..(c)Effective dates(1)In generalThe amendments made by this section shall apply for calendar years beginning after December 31, 2019.(2)Provisions relating to plan or contract amendments(A)In generalIf this paragraph applies to any pension plan or contract amendment, such pension plan or contract shall not fail to be treated as being operated in accordance with the terms of the plan during the period described in subparagraph (B)(ii) solely because the plan operates in accordance with this section.(B)Amendments to which paragraph applies(i)In generalThis paragraph shall apply to any amendment to any pension plan or annuity contract which—(I)is made pursuant to the amendments made by this section, and(II)is made on or before the last day of the first plan year beginning on or after January 1, 2022.In the case of a governmental plan, subclause (II) shall be applied by substituting 2023 for 2022. (ii)ConditionsThis paragraph shall not apply to any amendment unless during the period beginning on the effective date of the amendment and ending on December 31, 2020, the plan or contract is operated as if such plan or contract amendment were in effect.


		III
		111th CONGRESS
		2d Session
		S. RES. 669
		IN THE SENATE OF THE UNITED STATES

			September 29, 2010
			Mr. Reid (for himself,
			 Mr. Akaka, Mr.
			 Ensign, Mr. Menendez, and
			 Ms. Cantwell) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Recognizing Filipino American History Month
		  in October 2010.

		Whereas the earliest documented Filipino presence in the
			 continental United States was on October 18, 1587, when the first
			 Luzones Indios set foot in Morro Bay, California, on board the
			 Manila-built galleon ship Nuestra Senora de Esperanza;
		Whereas the Filipino American National Historical Society
			 recognizes the year of 1763 as the date of the first permanent Filipino
			 settlement in the United States in St. Malo, Louisiana, which set in motion the
			 focus on the story of our Nation's past from a new perspective by concentrating
			 on the economic, cultural, social, and other notable contributions that
			 Filipino Americans have made in countless ways toward the development of the
			 history of the United States;
		Whereas the Filipino-American community is the second
			 largest Asian-American group in the United States, with a population of
			 approximately 3,100,000 people;
		Whereas Filipino-American servicemen and servicewomen have
			 a longstanding history serving in the Armed Services, from the Civil War to the
			 Iraq and Afghanistan conflicts, including the 250,000 Filipinos who fought
			 under the United States flag during World War II to protect and defend this
			 country;
		Whereas 9 Filipino Americans have received the
			 Congressional Medal of Honor, the highest award for valor in action against an
			 enemy force that can be bestowed upon an individual serving in the United
			 States Armed Forces;
		Whereas Filipino Americans are an integral part of the
			 United States health care system as nurses, doctors, and other medical
			 professionals;
		Whereas Filipino Americans have contributed greatly to the
			 fine arts, music, dance, literature, education, business, literature,
			 journalism, sports, fashion, politics, government, science, technology, and
			 other fields in the United States that enrich the landscape of the
			 country;
		Whereas efforts should continue to promote the study of
			 Filipino-American history and culture, as mandated in the mission statement of
			 the Filipino American National Historical Society, because the roles of
			 Filipino Americans and other people of color have been overlooked in the
			 writing, teaching, and learning of United States history;
		Whereas it is imperative for Filipino-American youth to
			 have positive role models to instill in them the importance of education,
			 complemented with the richness of their ethnicity and the value of their
			 legacy; and
		Whereas Filipino American History Month is celebrated
			 during the month of October 2010: Now, therefore, be it

		That the Senate—
			(1)recognizes the
			 celebration of Filipino American History Month 2010 as a study of the
			 advancement of Filipino Americans, as a time of reflection and remembrance, and
			 as a time to renew efforts toward the research and examination of history and
			 culture in order to provide an opportunity for all people in the United States
			 to learn and appreciate more about Filipino Americans and their historic
			 contributions to the Nation; and
			(2)urges the people
			 of the United States to observe Filipino American History Month 2010 with
			 appropriate programs and activities.


		I
		112th CONGRESS
		1st Session
		H. R. 129
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2011
			Mr. Gene Green of
			 Texas introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To amend the National Labor Relations Act to require the
		  arbitration of initial contract negotiation disputes, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Labor Relations First Contract
			 Negotiations Act of 2011.
		2.Initial contract
			 disputesSection 8 of the
			 National Labor Relations Act (29 U.S.C. 158) is amended by adding at the end
			 the following new subsection:

				(h)(1)If, not later than 60
				days after the certification of a new representative of employees for the
				purpose of collective bargaining, the employer of the employees and the
				representative have not reached a collective bargaining agreement with respect
				to the terms and conditions of employment, the employer and the representative
				shall jointly select a mediator to mediate those issues on which the employer
				and the representative cannot agree.
					(2)If the employer and the
				representative are unable to agree upon a mediator, either party may request
				the Federal Mediation and Conciliation Service to select a mediator and the
				Federal Mediation and Conciliation Service shall upon the request select a
				person to serve as mediator.
					(3)If, not later than 30 days after the
				date of the selection of a mediator under paragraph (1) or (2), the employer
				and the representative have not reached an agreement, the employer or the
				representative may transfer the matters remaining in controversy to the Federal
				Mediation and Conciliation Service for binding
				arbitration.
					.


115 HR 2336 IH: Behavioral Health Care Integration Act of 2017
U.S. House of Representatives
2017-05-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2336IN THE HOUSE OF REPRESENTATIVESMay 3, 2017Mr. Loebsack (for himself and Mr. Tonko) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act to authorize a primary and behavioral health care integration grant program.
1.Short titleThis Act may be cited as the Behavioral Health Care Integration Act of 2017. 2.Primary and behavioral health care integration grant programsSection 520K of the Public Health Service Act (42 U.S.C. 290bb–42) is amended to read as follows:

520K.Integration incentive grants
(a)In generalThe Secretary shall establish a primary and behavioral health care integration grant program. The Secretary may award grants and cooperative agreements to eligible entities to expend funds for improvements in integrated settings with integrated practices. (b)DefinitionsIn this section:
(1)Integrated careThe term integrated care means full collaboration in merged or transformed practices offering behavioral and physical health services within the same shared practice space in the same facility, where the entity— (A)provides services in a shared space that ensures services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care;
(B)ensures communication among the integrated care team that is consistent and team-based; (C)ensures shared decisionmaking between behavioral health and primary care providers;
(D)provides evidence-based services in a mode of service delivery appropriate for the target population; (E)employs staff who are multidisciplinary and culturally and linguistically competent;
(F)provides integrated services related to screening, diagnosis, and treatment of mental illness and substance use disorder and co-occurring primary care conditions and chronic diseases; and (G)provides targeted case management, including services to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security, housing, employment, and other benefits to which they may be entitled.
(2)Integrated care teamThe term integrated care team means a team that includes— (A)allopathic or osteopathic medical doctors, such as a primary care physician and a psychiatrist;
(B)licensed clinical behavioral health professionals, such as psychologists or social workers; (C)a case manager; and
(D)other members, such as psychiatric advanced practice nurses, physician assistants, peer-support specialists or other allied health professionals, such as mental health counselors. (3)Special populationThe term special population means—
(A)adults with mental illnesses who have co-occurring primary care conditions with chronic diseases; (B)adults with serious mental illnesses who have co-occurring primary care conditions with chronic diseases;
(C)children and adolescents with serious emotional disorders with co-occurring primary care conditions and chronic diseases; (D)older adults with mental illness who have co-occurring primary care conditions with chronic conditions;
(E)individuals with substance use disorder; or (F)individuals from populations for which there is a significant disparity in the quality, outcomes, cost, or use of mental health or substance use disorder services or a significant disparity in access to such services, as compared to the general population, such as racial and ethnic minorities and rural populations.
(c)PurposeThe grant program under this section shall be designed to lead to full collaboration between primary and behavioral health in an integrated practice model to ensure that— (1)the overall wellness and physical health status of individuals with serious mental illness and co-occurring substance use disorders is supported through integration of primary care into community mental health centers meeting the criteria specified in section 1913(c) of the Social Security Act or certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014; or
(2)the mental health status of individuals with significant co-occurring psychiatric and physical conditions will be supported through integration of behavioral health into primary care settings. (d)Eligible entitiesTo be eligible to receive a grant or cooperative agreement under this section, an entity shall be a State department of health, State mental health or addiction agency, State Medicaid agency, or licensed health care provider or institution. The Administrator may give preference to States that have existing integrated care models, such as those authorized by section 1945 of the Social Security Act.
(e)ApplicationAn eligible entity desiring a grant or cooperative agreement under this section shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require, including a description of a plan to achieve fully collaborative agreements to provide services to special populations and— (1)a document that summarizes the State-specific policies that inhibit the provision of integrated care, and the specific steps that will be taken to address such barriers, such as through licensing and billing procedures; and
(2)a plan to develop and share a de-identified patient registry to track treatment implementation and clinical outcomes to inform clinical interventions, patient education, and engagement with merged or transformed integrated practices in compliance with applicable national and State health information privacy laws. (f)Grant amountsThe maximum annual grant amount under this section shall be $2,000,000, of which not more than 10 percent may be allocated to State administrative functions, and the remaining amounts shall be allocated to health facilities that provide integrated care.
(g)DurationA grant under this section shall be for a period of 5 years. (h)Report on program outcomesAn entity receiving a grant or cooperative agreement under this section shall submit an annual report to the Administrator that includes—
(1)the progress to reduce barriers to integrated care, including regulatory and billing barriers, as described in the entity's application under subsection (d); and (2)a description of functional outcomes of special populations, such as—
(A)with respect to individuals with serious mental illness, participation in supportive housing or independent living programs, engagement in social or education activities, participation in job training or employment opportunities, attendance at scheduled medical and mental health appointments, and compliance with treatment plans; (B)with respect to individuals with co-occurring mental illness and primary care conditions and chronic diseases, attendance at scheduled medical and mental health appointments, compliance with treatment plans, and participation in learning opportunities related to improved health and lifestyle practice; and
(C)with respect to children and adolescents with serious emotional disorders who have co-occurring primary care conditions and chronic diseases, attendance at scheduled medical and mental health appointments, compliance with treatment plans, and participation in learning opportunities at school and extracurricular activities. (i)Technical assistance center for primary-Behavioral health care integration (1)In generalThe Secretary shall establish a program through which such Secretary shall provide appropriate information, training, and technical assistance to eligible entities that receive a grant or cooperative agreement under this section, in order to help such entities to meet the requirements of this section, including assistance with—
(A)development and selection of integrated care models; (B)dissemination of evidence-based interventions in integrated care;
(C)establishment of organizational practices to support operational and administrative success; and (D)other activities, as the Secretary determines appropriate.
(2)Additional dissemination of technical informationThe information and resources provided by the technical assistance program established under paragraph (1) shall be made available to States, political subdivisions of a State, Indian tribes or tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act), outpatient mental health and addiction treatment centers, community mental health centers that meet the criteria under section 1913(c), certified community behavioral health clinics described in section 223 of the Protecting Access to Medicare Act of 2014, primary care organizations such as Federally qualified health centers or rural health centers, other community-based organizations, or other entities engaging in integrated care activities, as the Secretary determines appropriate. (j)Authorization of appropriationsTo carry out this section, there are authorized to be appropriated $50,000,000 for each of fiscal years 2018 through 2022, of which $2,000,000 shall be available to the technical assistance program under subsection (i)..


115 SRES 58 ATS: Congratulating the New England Patriots on their victory in Super Bowl LI.
U.S. Senate
2017-02-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		115th CONGRESS
		1st Session
		S. RES. 58
		IN THE SENATE OF THE UNITED STATES

			February 10, 2017
			Ms. Warren (for herself, Ms. Collins, Mr. Markey, Mr. King, Mrs. Shaheen, Ms. Hassan, Mr. Leahy, and Mr. Reed) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the New England Patriots on their victory in Super Bowl LI.

 Whereas, on Sunday, February 5, 2017, the New England Patriots (in this preamble referred to as the Patriots) won Super Bowl LI by a score of 34 to 28, defeating the Atlanta Falcons in Houston, Texas; Whereas, during the second half of Super Bowl LI, the Patriots scored 31 consecutive points, overcoming the largest deficit that any team has overcome in Super Bowl history;
 Whereas the victory in Super Bowl LI earned the Patriots their fifth Super Bowl championship; Whereas Tom Brady—
 (1)broke, tied, or extended several Super Bowl records in leading the Patriots to their fifth Super Bowl victory; and
 (2)was named the Super Bowl Most Valuable Player for a record fourth time; Whereas James White set new Super Bowl records by catching 14 passes and scoring 20 points, including the game-winning touchdown run in overtime;
 Whereas Bill Belichick won an unprecedented fifth Super Bowl title as a head coach; Whereas the performance of the defense in the second half was critical to the Patriots’ victory in Super Bowl LI, and key plays by Trey Flowers, Dont’a Hightower, and Alan Branch contributed to shutting out the Atlanta Falcons for the final 23 minutes and 36 seconds of regulation;
 Whereas Julian Edelman hauled in a miracle catch for the ages to continue a fourth quarter drive by the Patriots, helping to send the game to overtime;
 Whereas Robert Kraft, the owner of the Patriots, eloquently stated, Two years ago, we won our fourth Super Bowl down in Arizona and I told our fans that was the sweetest one of all. . . . But I want to say to our fans, to our brilliant coaching staff, our amazing players who were so spectacular, this is unequivocally the sweetest; and
 Whereas the Patriots did their job again and took no days off, delivering a fifth Lombardi Trophy to New England: Now, therefore, be it   That the Senate congratulates the New England Patriots on their dramatic victory in Super Bowl LI.


109 HJ 37 IH: Proposing an amendment to the Constitution of the United States relative to equal rights for men and women.
U.S. House of Representatives
2005-03-15
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.

IA
109th CONGRESS
1st Session
H. J. RES. 37
IN THE HOUSE OF REPRESENTATIVES

March 15, 2005
Mrs. Maloney (for herself, Mr. Leach, Mr. Gutierrez, Mr. Towns, Ms. Solis, Mr. Nadler, Mr. Van Hollen, Mr. Hastings of Florida, Mr. Lewis of Georgia, Mr. Cummings, Mr. Sanders, Mr. Grijalva, Mr. Crowley, Mr. DeFazio, Mr. Case, Mr. Lantos, Mr. Price of North Carolina, Mr. George Miller of California, Mr. Dingell, Mr. Holden, Ms. Woolsey, Mr. Menendez, Mr. Gene Green of Texas, Mr. Jackson of Illinois, Mr. Abercrombie, Mrs. Jones of Ohio, Mr. Holt, Mr. McDermott, Mr. Clay, Mr. Kolbe, Mr. Udall of New Mexico, Mr. Boswell, Ms. Slaughter, Mrs. Davis of California, Ms. McCollum of Minnesota, Ms. Lee, Mr. Brown of Ohio, Mr. Costello, Mr. Sabo, Mr. Rothman, Ms. Baldwin, Mrs. Capps, Ms. Jackson-Lee of Texas, Mr. Owens, Mr. Wu, Mr. Dicks, Ms. Norton, Mr. Waxman, Ms. Schakowsky, Ms. Linda T. Sánchez of California, Mr. Schiff, Mr. Evans, Mr. Smith of Washington, Mr. Sherman, Mr. Pallone, Mr. Moran of Virginia, Mr. Kucinich, Mr. Rangel, Mr. Hinchey, Mr. Moore of Kansas, Ms. Kaptur, Mr. Payne, Mr. Weiner, Mr. Pascrell, Mr. Cardoza, Ms. Harman, Mrs. McCarthy, Mr. Farr, Ms. Roybal-Allard, Mr. Bishop of Georgia, Mr. Brady of Pennsylvania, Mr. Boyd, Ms. Kilpatrick of Michigan, Mr. Davis of Illinois, Mr. Hall, Mr. Andrews, Mr. Strickland, Mr. Jefferson, Mr. Olver, Ms. Herseth, Mr. Frelinghuysen, Ms. Waters, Mrs. Tauscher, Mr. Capuano, Mr. Costa, Mr. Filner, Mr. Davis of Alabama, Mr. Udall of Colorado, Mr. Stark, Ms. Millender-McDonald, Mr. Pastor, Ms. Eshoo, Ms. Corrine Brown of Florida, Mr. Doyle, Mrs. Napolitano, Mr. Kirk, Mr. Kind, Mr. Levin, Mr. Delahunt, Mr. Kildee, Mr. Tierney, Mr. Meehan, Mr. Frank of Massachusetts, Mr. McGovern, Mr. Thompson of California, Mr. Conyers, Ms. Velázquez, Mr. Wexler, Ms. Watson, Mr. Ruppersberger, Mr. Baca, Mr. Shays, Mr. Serrano, Mrs. Christensen, Mr. Fattah, Mr. Larsen of Washington, Mr. Meeks of New York, Mr. Rush, Mr. Boehlert, Mr. Al Green of Texas, Ms. Wasserman Schultz, Mr. Hinojosa, Mr. Kennedy of Rhode Island, Mr. Bass, Ms. Moore of Wisconsin, Mr. Michaud, Mr. Castle, Mr. McNulty, Mr. Carnahan, Ms. Zoe Lofgren of California, Mr. Inslee, Ms. Pelosi, Mr. Baird, Mr. Emanuel, Mr. Gonzalez, Mr. Hoyer, Mr. Neal of Massachusetts, Mr. Thompson of Mississippi, Mr. Markey, Mr. Cardin, Mr. Blumenauer, Mr. Langevin, Mr. Israel, Ms. Bordallo, Mr. Wynn, Mr. Edwards, Mr. Allen, Mr. Boucher, Mr. Miller of North Carolina, Mr. Becerra, Mr. Honda, Mr. Watt, Mr. Ackerman, Mr. Larson of Connecticut, Ms. Berkley, Mr. Davis of Florida, Mrs. Lowey, Mr. Ortiz, Ms. Eddie Bernice Johnson of Texas, Ms. Loretta Sanchez of California, Ms. DeGette, Ms. McKinney, Mr. Engel, Mr. Scott of Georgia, Mr. Meek of Florida, and Mr. Taylor of Mississippi) introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION
Proposing an amendment to the Constitution of the United States relative to equal rights for men and women.

That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:
 —
1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
2.The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
3.This amendment shall take effect two years after the date of ratification. .


116 HR 580 IH: Protection and Transparency for Adjacent Landowners Act
U.S. House of Representatives
2019-01-15
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.

I116th CONGRESS1st SessionH. R. 580IN THE HOUSE OF REPRESENTATIVESJanuary 15, 2019Mr. Tipton (for himself, Mr. Lamborn, and Mr. Young) introduced the following bill; which was referred to the Committee on Natural Resources, 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 concernedA BILLTo amend the Federal Land Policy and Management Act of 1976 to improve the transparency and
			 oversight of land conveyances involving disposal or acquisition of
			 National Forest System lands or Bureau of Land Management public lands, to
			 provide protections and certainty for private landowners related to
			 resurveying such public lands, and for other purposes.

 1.Short titleThis Act may be cited as the Protection and Transparency for Adjacent Landowners Act. IRequirements for Forest Service and Bureau of Land Management land acquisitions and conveyances 101.Additional requirements for Forest Service and Bureau of Land Management land acquisitions and conveyances (a)Notice to adjacent landowners (1)Land acquisitionsSection 205 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715) is amended by adding at the end the following new subsection:

 (f)Notice to adjacent landownersAs part of the acquisition of a parcel of non-Federal lands under this section, section 206, or other applicable law that will become public lands or National Forest System lands, the Secretary or the Secretary of Agriculture, as the case may be, shall provide advance written notification to each owner of land that is adjacent to the parcel of land to be acquired. To assist in identifying adjacent landowners, and to meet the requirements of this subsection, the Secretary concerned should use the most recently available property tax records..
 (2)Land conveyancesSection 208 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1718) is amended— (A)by inserting (a) Issuance of patent and other conveyance documents.— before the first sentence and (b) Other terms and conditions.— before the second sentence; and
 (B)by adding at the end the following new subsection:  (c)Notice to adjacent landownersAs part of the conveyance of a parcel of public lands or National Forest System lands by sale, exchange, or other disposal method under section 203 or 206 or other applicable law, the Secretary or the Secretary of Agriculture, as the case may be, shall provide advance written notification to each owner of land that is adjacent to the parcel of land to be conveyed. To assist in identifying adjacent landowners, and to meet the requirements of this subsection, the Secretary concerned should use the most recently available property tax records..
						(b)Oversight of use of third-Party facilitators
 (1)AcquisitionSection 205 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715) is amended by inserting after subsection (f), as added by subsection (a)(1), the following new subsection:

							(g)Oversight of use of third-Party facilitators
 (1)If the acquisition process for a parcel of non-Federal lands under this section, section 206, or other applicable law that will become public lands or National Forest System lands involves the use of a third-party facilitator, the Secretary or the Secretary of Agriculture, as the case may be, shall require, as a condition of the approval of the acquisition—
 (A)submission of all purchase contracts and related agreements held by the third-party facilitator related to the parcel to be acquired on written request by the appropriate official;
 (B)supervisor review of such purchase contracts and related agreements, the purpose of the acquisition, and other terms and conditions of the acquisition; and
 (C)a clear statement to Bureau of Land Management and United States Forest Service employees that the Secretary or the Secretary of Agriculture, as the case may be, has determined that all business information submitted under paragraphs (A), (B), and (C) of subsection (d) is confidential and all information covered by the Privacy Act of 1974 (5 U.S.C. 552a) will be protected to the extent allowed by law.
 (2)In this subsection, the term third-party facilitator means any entity (other than an agent of the United States) whose role in a real estate transaction is to assist the buyer or seller, or both, in reaching agreement in the transaction..
 (2)Land conveyancesSection 208 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1718) is amended by inserting after subsection (c), as added by subsection (a)(2), the following new subsection:

							(d)Oversight of use of third-Party facilitators
 (1)If the process by which a parcel of public lands or National Forest System lands will be conveyed by sale, exchange, or other disposal method under section 203 or 206 or other applicable law, involves the use of a third-party facilitator, the Secretary or the Secretary of Agriculture, as the case may be, shall require, as a condition of the approval of the conveyance—
 (A)submission of all purchase contracts and related agreements held by the third-party facilitator related to the Federal land to be conveyed on written request by the appropriate official;
 (B)submission to appraisers of contact information for prospective end owners of the Federal land to be conveyed;
 (C)supervisor review of such purchase contracts and related agreements, the purpose of the conveyance, and other terms and conditions of the conveyance; and
 (D)a clear statement to Bureau of Land Management and United States Forest Service employees that the Secretary or the Secretary of Agriculture, as the case may be, has determined that all business information submitted under paragraphs (A), (B), and (C) of this subsection is confidential and all information covered by the Privacy Act of 1974 (5 U.S.C. 552a) will be protected to the extent allowed by law.
 (2)In this subsection, the term third-party facilitator means any entity (other than an agent of the United States) whose role in a real estate transaction is to assist the buyer or seller, or both, in reaching agreement in the transaction..
					IIBureau of Land Management Resurvey Requirements
			201.Bureau Resurvey Transparency; Notice requirements
				(a)Notice
 (1)In generalNot later than 30 days before the commencement of a resurvey of Federal land under the administrative jurisdiction of the Bureau of Land Management, the Secretary shall notify all property owners with land abutting or adjacent to the Federal land being resurveyed of the pending resurvey. If a resurvey extends the boundaries of Federal land, the Secretary shall notify affected landowners of the results of the resurvey not later than 30 days after the completion of the survey.
 (2)NotificationThe Secretary shall use certified or registered mail to notify landowners under this subsection. (3)Identification of landownersWhen identifying affected landowners for the purpose of notification under this subsection, the Secretary shall use the most recently available property tax records.
 (b)Public commentNot later than 30 days after completing a resurvey, the Secretary shall publish a notice in the Federal Register. Affected landowners may comment to the Secretary and by submitting formal comments to the Federal Register notice.
 202.Protection of personsIf a resurvey results in land previously thought to be privately owned to be reclassified as Federal land, the persons thought to be a private owner of such land—
 (1)shall— (A)be given the right of first refusal to purchase the land for fair market value minus the value of any significant improvements made to such lands; or
 (B)be reimbursed for the fair market value of any significant improvements made to such lands; and (2)may not be charged with willful trespass onto such land unless the person used such lands with the knowledge that the lands should be classified as Federal land.
 203.DefinitionsFor the purposes of this title: (1)ResurveyThe term resurvey means an official rerunning and remarking intended to supersede the records of the original survey.
 (2)SecretaryThe term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.


110 HRES 742 EH: Providing for consideration of the bill (H.R. 2102) to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media.
U.S. House of Representatives
2007-10-16
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.

IV
110th CONGRESS
1st Session
H. RES. 742
In the House of Representatives, U. S.,

October 16, 2007

RESOLUTION
Providing for consideration of the bill (H.R. 2102) to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media.

That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 2102) to maintain the free flow of information to the public by providing conditions for the federally compelled disclosure of information by certain persons connected with the news media. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. The amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be considered as adopted. The bill, as amended, shall be considered as read. All points of order against provisions of the bill, as amended, are waived. The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) one hour of debate equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary; (2) the amendment printed in the report of the Committee on Rules, if offered by Representative Boucher of Virginia or his designee, which shall be in order without intervention of any point of order (except those arising under clause 9 or 10 of rule XXI) or demand for division of the question, shall be considered as read, and shall be separately debatable for ten minutes equally divided and controlled by the proponent and an opponent; and (3) one motion to recommit with or without instructions.
2.During consideration of H.R. 2102 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker.

Lorraine C. Miller,Clerk.


114 HR 3001 IH: Renewable Energy Certainty Act
U.S. House of Representatives
2015-07-09
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
		114th CONGRESS
		1st Session
		H. R. 3001
		IN THE HOUSE OF REPRESENTATIVES

			July 9, 2015
			Mr. Welch (for himself, Mr. Gibson, and Mr. Cartwright) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Oversight and Government 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 concerned

		A BILL
		To authorize certain long-term contracts for Federal purchases of energy.

 1.Short titleThis Act may be cited as the Renewable Energy Certainty Act. 2.Contracts for Federal purchases of energy (a)In generalPart 3 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) is amended by adding at the end the following new section:

					554.Long-term contracts for energy
 (a)In generalNotwithstanding section 501(b)(1)(B) of title 40, United States Code, a Federal agency may enter into a contract for the acquisition of renewable energy or energy from cogeneration facilities covering a period of not more than 30 years.
 (b)Standardized energy purchase agreementNot later than 90 days after the date of enactment of this section, the Secretary, through the Federal Energy Management Program, shall publish a standardized energy purchase agreement, setting forth commercial terms and conditions, that Federal agencies may use to acquire renewable energy or energy from cogeneration facilities.
 (c)Technical assistanceThe Secretary shall provide technical assistance to assist Federal agencies in implementing this section..
 (b)Table of contents amendmentThe table of contents for such Act is amended by adding at the end of the items relating to such part 3 the following new item:

						Sec. 554. Long-term contracts for energy..


116 HR 8702 IH: Holding Providers Harmless From Medicare Cuts During COVID–19 Act of 2020
U.S. House of Representatives
2020-10-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8702IN THE HOUSE OF REPRESENTATIVESOctober 30, 2020Mr. Bera (for himself, Mr. Bucshon, Mr. Brendan F. Boyle of Pennsylvania, Mr. Holding, Mr. Ruiz, Mr. David P. Roe of Tennessee, Ms. Finkenauer, and Mr. Marshall) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for an increase in payment under part B of the Medicare program for certain services in response to COVID–19.1.Short titleThis Act may be cited as the Holding Providers Harmless From Medicare Cuts During COVID–19 Act of 2020. 2.Providing for an increase in payment under part B of the Medicare program for certain services to hold providers harmless while responding to COVID–19(a)In generalSection 1833 of the Social Security Act (42 U.S.C. 1395l) is amended by adding at the end the following new subsection:(dd)COVID–19 relief payments for certain services(1)In generalIn the case of an eligible service (as defined in paragraph (2)(A)) furnished during a specified year (as defined in paragraph (2)(C)) by a supplier for which payment is made under (or based on) the fee schedule established under section 1848, in addition to the amount of payment that would otherwise be made for such service under this part, there also shall be paid at the time such payment under section 1848 is made an amount equal to the specified hold harmless relief payment (as defined in paragraph (2)(B)) for such service.(2)DefinitionsIn this subsection:(A)Eligible service(i)In generalThe term eligible service means, with respect to a service furnished in a specified year by a supplier for which payment is made under (or based on) the fee schedule established under section 1848, any service (other than a service described in clause (ii)) for which the payment amount determined under (or based on) such fee schedule for such year and supplier is less than such payment amount that would have been determined under (or based on) such fee schedule for such service and supplier had such service been furnished in 2020.(ii)Excluded servicesFor purposes of clause (i), the services described in this clause are any of the following:(I)Services identified by any of HCPCS codes 99202 through 99205 or by HCPCS code 99211 (or any successor codes), but only if such service is billed in conjunction with HCPCS code GPC1X (or a successor code).(II)Services identified by any of HCPCS codes 99212 through 99215 (or any successor codes).(III)Services identified by HCPCS code GPC1X (or any successor code).(B)Specified hold harmless relief paymentThe term specified hold harmless relief payment means, with respect to an eligible service furnished in a specified year by a supplier, the difference between the payment amount determined under (or based on) the fee schedule established under section 1848 for such year and supplier and such amount that would have been determined under (or based on) such schedule for such service and supplier had such service been furnished in 2020. (C)Specified yearThe term specified year means 2021 and 2022.(3)CoordinationThe amount of the additional payment for a service under this subsection and subsection (m) shall be determined without regard to any additional payment for the service under subsection (m) and this subsection, respectively. The amount of the additional payment for a service under this subsection and subsection (z) shall be determined without regard to any additional payment for the service under subsection (z) and this subsection, respectively.(4)ClarificationFor purposes of this subsection, a service for which payment is made under (or based on) the fee schedule established under section 1848 includes a service payable under section 1834(k).(5)Limitation on judicial reviewThere shall be no administrative or judicial review under section 1869, 1878, or otherwise, respecting the identification of eligible services under this subsection. .(b)Conforming amendmentSection 1834(g)(2)(B) of the Social Security Act (42 U.S.C. 1395m(g)(2)(B)) is amended by striking (x) and (y) and inserting (x), (y), and (dd).


114 HR 1223 IH: To amend the Internal Revenue Code of 1986 to prevent the retroactive claim of the earned income tax credit after issuance of a social security number.
U.S. House of Representatives
2015-03-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 1223
IN THE HOUSE OF REPRESENTATIVES

March 3, 2015
Mr. Fortenberry introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to prevent the retroactive claim of the earned income tax credit after issuance of a social security number.

1.Prevention of retroactive claims of earned income credit after issuance of social security number
(a)In generalSection 32(m) of the Internal Revenue Code of 1986 is amended— (1)by inserting before the close of the taxable year to which the return relates before the period at the end, and
(2)by adding at the end the following: For purposes of the preceding sentence, a social security number issued after the close of any taxable year shall be treated as issued before the close of such taxable year if the taxpayer demonstrates to the satisfaction of the Secretary that the individual with respect to whom such social security number was issued was eligible for the issuance of such social security number before the close of such taxable year.. (b)Effective dateThe amendment made by this section shall apply to any return of tax, and any amendment or supplement to any return of tax, which is filed after the date of the enactment of this Act.


116 HR 621 IH: Student Empowerment Act
U.S. House of Representatives
2019-01-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 621IN THE HOUSE OF REPRESENTATIVESJanuary 16, 2019Mr. Smith of Missouri (for himself, Mr. Meadows, Mr. Chabot, Mr. Estes, and Mr. King of Iowa) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to permit kindergarten through grade 12 educational
			 expenses to be paid from a 529 account.

 1.Short titleThis Act may be cited as the Student Empowerment Act. 2.529 account funding for homeschool and additional elementary and secondary expenses (a)In generalSection 529(c)(7) of the Internal Revenue Code of 1986 is amended to read as follows:

 (7)Treatment of elementary and secondary tuitionAny reference in this section to the term qualified higher education expense shall include a reference to the following expenses in connection with enrollment or attendance at, or for students enrolled at or attending, an elementary or secondary public, private, or religious school:
 (A)Tuition. (B)Curriculum and curricular materials.
 (C)Books or other instructional materials. (D)Online educational materials.
 (E)Tuition for tutoring or educational classes outside of the home, including at a tutoring facility, but only if the tutor or instructor is not related to the student and—
 (i)is licensed as a teacher in any State, (ii)has taught at an eligible educational institution, or
 (iii)is a subject matter expert in the relevant subject. (F)Fees for a nationally standardized norm-referenced achievement test, an advanced placement examination, or any examinations related to college or university admission.
 (G)Fees for dual enrollment in an institution of higher education. (H)Educational therapies for students with disabilities provided by a licensed or accredited practitioner or provider, including occupational, behavioral, physical, and speech-language therapies.
						Such term shall include expenses for the purposes described in subparagraphs (A) through (H) in
			 connection with a homeschool (whether treated as a homeschool or a private
			 school for purposes of applicable State law)..
 (b)Effective dateThe amendment made by this section shall apply to distributions made after the date of the enactment of this Act.