		IV
		111th CONGRESS
		1st Session
		H. RES. 189
		IN THE HOUSE OF REPRESENTATIVES

			February 25, 2009
			Mr. Flake submitted
			 the following resolution; which was laid on the table

		RESOLUTION
		Raising a question of the privileges of the
		  House.

		Whereas Roll Call reported on February 9, 2008, that the
			 offices of a prominent lobbying firm had been raided by the FBI in
			 November;
		Whereas The New York Times reported on February 10, 2009,
			 that Federal prosecutors are looking into the possibility that a
			 prominent lobbyist may have funneled bogus campaign contributions to
			 Members of Congress;
		Whereas the Washington Post reported on February 14, 2009,
			 that they examined contributions that were reported as being made by the
			 firm’s employees and consultants, and found several people who were not
			 registered lobbyists and did not work for the lobbying firm;
		Whereas Roll Call reported on February 11, 2009, that
			 the defense-appropriations-focused lobbying shop that the FBI raided
			 this November had in recent years spread millions of campaign
			 contributions to lawmakers;
		Whereas The Hill reported on February 10, 2009, that the
			 raided firm earned more than $14 million in lobbying revenue and
			 specializes in obtaining earmarks in the defense budget for a long list
			 of clients;
		Whereas The Hill reported on February 10, 2009, that the
			 2008 clients of this firm had received $299 million worth of earmarks,
			 according to Taxpayers for Common Sense;
		Whereas CQ Today reported on February 19, 2009, that
			 104 House Members got earmarks for projects sought by clients of the
			 firm in the 2008 defense appropriations bills, and that 87 percent of
			 this bipartisan group of Members received campaign contributions from the
			 raided firm;
		Whereas CQ Today also reported that Members who
			 took responsibility for the firm’s earmarks in that spending bill have, since
			 2001, accepted a cumulative $1,815,138 in campaign contributions from the
			 firm’s political action committee and employees;
		Whereas Roll Call reported on February 19, 2009, that a
			 bipartisan group of four Members have made plans to divest themselves of
			 campaign contributions received from the raided firm;
		Whereas Politico reported on February 12, 2009, that
			 several sources said FBI agents have spent months laying the groundwork
			 for their current investigation, including conducting research on earmarks and
			 campaign contributions;
		Whereas numerous press reports and editorials have alleged
			 several cases of influence peddling between Members of Congress and outside
			 interests seeking Federal funding;
		Whereas such reports and editorials reflect public
			 distrust and have raised inquiries and criticism about the integrity of
			 congressional proceedings and the dignity of the institution; and
		Whereas the House of Representatives should respond to
			 such claims and demonstrate integrity in its proceedings: Now, therefore, be
			 it

		That—
			(1)the Committee on
			 Standards of Official Conduct, or a subcommittee of the committee designated by
			 the committee and its members appointed by the chairman and ranking member, is
			 instructed to investigate the relationship between earmark requests already
			 made by Members and the source and timing of past campaign contributions;
			 and
			(2)the Committee on
			 Standards of Official Conduct shall submit a report of its findings to the
			 House of Representatives within 2 months after the date of adoption of this
			 resolution.


113 HRES 330 IH: Expressing the sense of the House of Representatives that until the United States southern border is secured as confirmed by the governors and the legislatures jointly of the four southern border states, the House of Representatives shall not bring any legislation including any conference report regarding immigration to the floor of the House for a vote.
U.S. House of Representatives
2013-08-02
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
		113th CONGRESS
		1st Session
		H. RES. 330
		IN THE HOUSE OF REPRESENTATIVES

			August 2, 2013
			Mr. Gohmert (for
			 himself, Mr. King of Iowa,
			 Mr. Fleming,
			 Mr. Harris,
			 Mr. Duncan of Tennessee,
			 Mr. Wilson of South Carolina,
			 Mr. Stockman,
			 Mr. Posey,
			 Mr. Roe of Tennessee,
			 Mr. Brooks of Alabama,
			 Mr. Bentivolio,
			 Mr. Yoho, Mr. Weber of Texas, Mr. McClintock, and Mrs. Bachmann) submitted the following
			 resolution; which was referred to the Committee on Rules

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that until the United States southern border is secured as
		  confirmed by the governors and the legislatures jointly of the four southern
		  border states, the House of Representatives shall not bring any legislation
		  including any conference report regarding immigration to the floor of the House
		  for a vote.

		Whereas the 1986 Immigration Reform and Control Act (IRCA)
			 expresses the sense of Congress that the immigration laws of the United States
			 should be enforced vigorously and uniformly;
		Whereas through increased government spending for a bigger
			 staff and new surveillance technology IRCA promised to control the borders and
			 prevent and deter the illegal entry of aliens in the United States and
			 the violation of the terms of their entry;
		Whereas IRCA did not include any trigger to secure the
			 border before legalization;
		Whereas the employment verification system established
			 under IRCA failed to prevent the hiring of undocumented immigrants;
		Whereas the Immigration and Naturalization Service and
			 then the DHS failed to properly enforce the employer sanctions laws under
			 IRCA;
		Whereas ten years after the 1986 Immigration Reform and
			 Control Act was passed the estimated number of undocumented aliens almost
			 doubled, from 3.2 million to 5.8 million. Ten years after that, the number
			 almost doubled again, to 11.6 million;
		Whereas the Congressional Budget Office projects that the
			 Border Security, Economic Opportunity, and Immigration Modernization Act will
			 result in 4.8 million new illegal immigrants and their U.S.-born children will
			 be living in the United States by 2023;
		Whereas according to a 2010 Rasmussen poll 68 percent of
			 likely voters think that securing the border is more important than granting
			 amnesty to illegal aliens;
		Whereas President Obama previously promised to secure the
			 U.S. border with Mexico;
		Whereas President Obama and the Secretary of Homeland
			 Security Janet Napolitano have enacted policies outside of their Constitutional
			 authority that deliberately undermine immigration enforcement laws by
			 instructing various law enforcement agencies, including U.S. Immigration and
			 Customs Enforcement and U.S. Customs and Border Patrol not to carry out their
			 statutory duties;
		Whereas a recent GAO report found that only 129 miles of
			 the approximate 2,000-mile border between the U.S. and Mexico are under
			 full control; and
		Whereas the non-partisan GAO also determined that less
			 than half of the southwest border is under operational control:
			 Now, therefore, be it

		That until the United States southern
			 border is secured as confirmed by the governors and the legislatures jointly of
			 the four southern border states, the House of Representatives shall not bring
			 any legislation including any conference report regarding immigration to the
			 floor of the House for a vote.


117 HR 1176 IH: Prostate-Specific Antigen Screening for High-risk Insured Men Act
U.S. House of Representatives
2021-02-18
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.

I117th CONGRESS1st SessionH. R. 1176IN THE HOUSE OF REPRESENTATIVESFebruary 18, 2021Mr. Rush (for himself and Mr. Bucshon) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title XXVII of the Public Health Service Act to require group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without the imposition of cost-sharing requirements, and for other purposes.1.Short titleThis Act may be cited as the Prostate-Specific Antigen Screening for High-risk Insured Men Act or the PSA Screening for HIM Act.2.FindingsCongress finds the following:(1)Prostate cancer is the second leading cause of cancer death in men in the United States with 1 in 41 men dying from prostate cancer and more than 31,600 men estimated to die from prostate cancer in 2019.(2)Prostate cancer is the second most commonly diagnosed cancer in the Nation with 1 in 9 men being diagnosed in their lifetimes, 3.1 million men in the United States living with a diagnosis, and over 174,000 men estimated to be diagnosed in 2019.(3)The survival rate for prostate cancer diagnosed in early stage is near 100 percent but prostate cancer diagnosed in late stage has only a 30-percent survival rate.(4)There are few, if any, symptoms of prostate cancer before it reaches late stage.(5)African-American men have a disproportionately higher rate of prostate cancer and are 70 percent more likely to be diagnosed with prostate cancer than White men, with 1 in 6 African-American men developing prostate cancer in their lifetimes.(6)African-American men are 2.3 times more likely to die from prostate cancer than White men.(7)Men with a father or brother with prostate cancer are more than twice as likely to be diagnosed with prostate cancer than men without a family history.(8)The common clinical definition for men at high-risk of prostate cancer includes African-American men and men with a family history.(9)Most of the major cancer and urological societies recommend beginning screening discussions earlier for African-American men and those with a family history of prostate cancer.(10)The United States Preventive Services Task Force has encouraged research on screening African-American men, including whether to screen African-American men at younger ages, and has identified this research as a high-priority cancer research gap.(11)Barriers to screening should be minimized for high-risk men in order to catch asymptomatic prostate cancer before it metastasizes and the survival rate is dramatically reduced.(12)The cost of treating metastatic prostate cancer in the United States health care system is hundreds of millions of dollars more annually than the cost of treating localized, early-stage cancer.3.Requirement for group health plans and health insurance issuers offering group or individual health insurance coverage to provide coverage for prostate cancer screenings without imposition of cost-sharing requirements(a)In generalSubsection (a) of section 2713 of the Public Health Service Act (42 U.S.C. 300gg–13) is amended to read as follows:(a)Coverage of preventive health services(1)In generalA group health plan and a health insurance issuer offering group or individual health insurance coverage shall, at a minimum, provide coverage for and shall not impose any cost-sharing requirements for—(A)evidence-based items or services that have in effect a rating of A or B in the current recommendations of the United States Preventive Services Task Force;(B)immunizations that have in effect a recommendation from the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention with respect to the individual involved;(C)with respect to infants, children, and adolescents, evidence-informed preventive care and screenings provided for in the comprehensive guidelines supported by the Health Resources and Services Administration;(D)with respect to women, such additional preventive care and screenings not described in subparagraph (A) as provided for in comprehensive guidelines supported by the Health Resources and Services Administration for purposes of this subparagraph; and(E)with respect to men who are at high risk of developing prostate cancer (including African-American men and men with a family history of prostate cancer (as defined in paragraph (2))), such additional preventive care and screenings not described in subparagraph (A) for prostate cancer.(2)Men with a family history of prostate cancer definedFor purposes of paragraph (1)(E), the term men with a family history of prostate cancer means men who have a first-degree relative—(A)who was diagnosed with metastatic prostate cancer;(B)who developed metastatic prostate cancer; or(C)whose death was a result of prostate cancer.(3)Clarification regarding breast cancer screening, mammography, and prevention recommendationsFor the purposes of this Act, and for the purposes of any other provision of law, the current recommendations of the United States Preventive Service Task Force regarding breast cancer screening, mammography, and prevention shall be considered the most current other than those issued in or around November 2009.(4)Rule of constructionNothing in this subsection shall be construed to prohibit a plan or issuer from providing coverage for services in addition to those recommended by the United States Preventive Services Task Force or to deny coverage for services that are not recommended by such Task Force..(b)Effective dateThe amendment made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2022.


116 S1629 IS: To regulate certain pay-to-win microtransactions and sales of loot boxes in interactive digital entertainment products, and for other purposes.
U.S. Senate
2019-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1629IN THE SENATE OF THE UNITED STATESMay 23 (legislative day, May 22), 2019Mr. Hawley (for himself, Mr. Blumenthal, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo regulate certain pay-to-win microtransactions and sales of loot boxes in interactive digital
			 entertainment products,
 and for other purposes.1.Regulation of pay-to-win microtransactions and sales of loot boxes in video games(a)Prohibition of pay-to-Win microtransactions and sales of loot boxes in minor-Oriented games(1)Game publishersIt is unlawful for a game publisher to publish—(A)a minor-oriented game that includes pay-to-win microtransactions or loot boxes; or(B)an update to an existing minor-oriented game that would enable pay-to-win microtransactions or loot boxes in such game.(2)Digital game distributorsIt is unlawful for a digital game distributor to distribute—(A)a minor-oriented game that includes pay-to-win microtransactions or loot boxes; or(B)an update to an existing minor-oriented game that would enable pay-to-win microtransactions or loot boxes in such game.(b)Prohibition on publication or distribution of video games containing pay-to-Win microtransactions
			 or purchasing loot boxes where the publisher or distributor has
 constructive knowledge that any users are under age 18(1)Game publishersIt is unlawful for a game publisher to publish an interactive digital entertainment product that is not a minor-oriented game (or an update to such a product) if—(A)such product or update contains pay-to-win microtransactions or loot boxes; and(B)the publisher has constructive knowledge that any of its users are under the age of 18.(2)Digital game distributorsIt is unlawful for a digital game distributor to distribute an interactive digital entertainment product that is not a minor-oriented game (or an update to such a product) if—(A)such product or update contains pay-to-win microtransactions or loot boxes; and(B)the distributor has constructive knowledge that any of its users are under the age of 18.2.DefinitionsIn this Act:(1)CommissionThe term Commission means the Federal Trade Commission.(2)Interactive digital entertainment product(A)In generalThe term interactive digital entertainment product means a program such as a video game that is accessed by a connected device and provides an interactive entertainment experience for the user.(B)ExclusionSuch term shall not include a program if—(i)a user's interaction with the program is limited to selecting options from a menu of choices; and(ii)the program would not be considered a game by a reasonable user.(3)Digital game distributorThe term digital game distributor means a person that, for commercial purposes, in interstate or foreign commerce, distributes an interactive digital entertainment product over an online platform to over 1,000 users annually.(4)Game publisherThe term game publisher means a person that, for commercial purposes, in interstate or foreign commerce, develops or finances the development of an interactive digital entertainment product that is distributed to over 1,000 users annually.(5)Minor-oriented gameThe term minor-oriented video game means an interactive digital entertainment product for which the target audience is individuals under the age of 18, as may be demonstrated by—(A)the subject matter of the product;(B)the visual content of the product;(C)the music or audio content of the product;(D)the use of animated characters or activities that appeal to individuals under the age of 18;(E)the age of the characters or models in the product;(F)the presence in the product of—(i)celebrities who are under the age of 18; or(ii)celebrities who appeal to individuals under the age of 18;(G)the language used in the product;(H)the content of materials used to advertise the product and the platforms on which such materials appear;(I)the content of any advertising materials that appear in the product;(J)other reliable empirical evidence relating to—(i)the composition of the audience of the product; or(ii)the audience of the product, as intended by the publisher or distributor of the product; or(K)other evidence demonstrating that the product is targeted at individuals under the age of 18.(6)Add-on transaction(A)In generalThe term add-on transaction means, with respect to an interactive digital entertainment product, a payment to the game publisher of an interactive digital entertainment product, an affiliate of the publisher, or any other person who accepts such payment for the benefit of the publisher, of either money or an in-game proxy for money, such as a virtual currency, that can be purchased with money, that—(i)unlocks a feature of the product; or(ii)adds to or enhances the entertainment value of the product.(B)ExclusionSuch a term shall not include a payment (including a payment of a regular subscription fee) which is made only to allow a user to access the content of an interactive digital entertainment product, provided that users do not have the option to pay different amounts to access the same content in order to unlock a feature of the product or to enhance the entertainment value of the product.(7)Pay-to-win microtransaction(A)In generalThe term pay-to-win microtransaction means an add-on transaction to a interactive digital entertainment product that—(i)with respect to an interactive digital entertainment product that, from the perspective of a reasonable user of the product, is a game offering a scoring system, a set of goals to achieve, a set of rewards, or a sense of interactive progression through the product’s content including but not limited to narrative progression—(I)eases a user's progression through content otherwise available within the game without the purchase of such transaction;(II)assists a user in accomplishing an achievement within the game that can otherwise be accomplished without the purchase of such transaction;(III)assists a user in receiving an award associated with the game that is otherwise available in association with the game without the purchase of such transaction; or(IV)permits a user to continue to access content of the game that had previously been accessible to the user but has been made inaccessible after the expiration of a timer or a number of gameplay attempts; or(ii)with respect to an interactive digital entertainment product that, from the perspective of a reasonable user of the product, is a game featuring competition with other users, provides a user with a competitive advantage with respect to the game’s competitive aspects over users who do not make such a transaction.(B)Exclusions(i)Difficulty modesSuch term shall not include an add-on transaction to an interactive digital entertainment product that provides the user with access to a new mode of play that makes progression through the content of the product more difficult than it would be without the transaction (as perceived by a reasonable user).(ii)Cosmetic alterationsSuch term shall not include an add-on transaction to an interactive digital entertainment product whose only effect is to alter a user's visual representation within the game provided that it does not, from the perspective of a reasonable user, provide the user with a competitive advantage over other users who do not make such transaction.(iii)Additional game contentSuch term shall not include an add-on transaction to an interactive digital entertainment product that adds new content to the product provided that the add-on transaction can be purchased only once by a user and the perceived value offered by such transaction, from the perspective of a reasonable user, is not that it—(I)eases a user’s progression through content otherwise available within the product without the purchase of such transaction;(II)assists a user in accomplishing an achievement within the product that can otherwise be accomplished without the purchase of such transaction;(III)assists a user in receiving an award associated with the product that is otherwise available in association with the product without the purchase of such transaction;(IV)permits a user to continue to access content of the product that had previously been accessible to the user but is made inaccessible after the expiration of a timer or a number of gameplay attempts; or(V)provides a competitive advantage over other users with respect to a product’s competitive aspects.(8)Loot boxThe term loot box means an add-on transaction to an interactive digital entertainment product that—(A)in a randomized or partially randomized fashion—(i)unlocks a feature of the product; or(ii)adds to or enhances the entertainment value of the product; or(B)allows the user to make 1 or more additional add-on transactions—(i)that the user could not have made without making the first add-on transaction; and(ii)the content of which is unknown to the user until after the user has made the first add-on transaction.3.Enforcement and applicability(a)Enforcement by the Commission(1)In generalExcept as otherwise provided, this Act shall be enforced by the Commission under the Federal Trade Commission Act (15 U.S.C. 41 et seq.).(2)Unfair or deceptive acts or practicesA violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).(3)Actions by the Commission(A)In generalExcept as provided in subsection (c)(1), the Commission shall prevent any person from violating this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act, and any person who violates this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.(B)Violations(i)In generalIn an action brought by the Commission to enforce this Act, each pay-to-win microtransaction or loot box sold to a user who is under the age of 18 through an interactive digital entertainment product that does not meet a requirement of this Act shall be treated as a separate violation.(ii)Civil penaltyNotwithstanding section 5(m) of the Federal Trade Commission Act (15 U.S.C. 45(m)), a civil penalty recovered for a violation of this Act may be in excess of the amounts provided for in that section as the court finds appropriate to deter violations of this Act.(iii)First violationsIn an action brought by the Commission to enforce this Act, the Commission may seek a civil penalty for any violation of this Act, including any violation that is the first violation of this Act that a person against whom the action is brought has committed.(b)Enforcement by State attorneys general(1)In general(A)Civil actionsIn any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by the engagement of any person in a practice that violates this Act, the State, as parens patriae, may bring a civil action on behalf of the residents of the State in an appropriate State court to—(i)enjoin that practice;(ii)enforce compliance with this Act;(iii)obtain damages, restitution, or other compensation on behalf of residents of the State; or(iv)obtain such other relief as the court may consider to be appropriate.(B)Notice(i)In generalBefore filing an action under subparagraph (A), the attorney general of the State involved shall provide to the Commission—(I)written notice of that action; and(II)a copy of the complaint for that action.(ii)Exemption(I)In generalClause (i) shall not apply with respect to the filing of an action by an attorney general of a State under this paragraph if the attorney general of the State determines that it is not feasible to provide the notice described in that clause before the filing of the action.(II)NotificationIn an action described in subclause (I), the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action.(2)Intervention(A)In generalOn receiving notice under paragraph (1)(B), the Commission shall have the right to intervene in the action that is the subject of the notice.(B)Effect of interventionIf the Commission intervenes in an action under paragraph (1), it shall have the right—(i)to be heard with respect to any matter that arises in that action; and(ii)to file a petition for appeal.(3)ConstructionFor purposes of bringing any civil action under paragraph (1), nothing in this Act shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to—(A)conduct investigations;(B)administer oaths or affirmations; or(C)compel the attendance of witnesses or the production of documentary and other evidence.(4)Actions by the CommissionIn any case in which an action is instituted by or on behalf of the Commission for violation of this Act, no State may, during the pendency of that action, institute an action under paragraph (1) against any defendant named in the complaint in the action instituted by or on behalf of the Commission for that violation.(5)Venue; service of process(A)VenueAny action brought under paragraph (1) may be brought in any State court of competent jurisdiction.(B)Service of processIn an action brought under paragraph (1), process may be served wherever the defendant—(i)is an inhabitant; or(ii)may be found.4.Study of complianceNot later than 2 years after the date of enactment of this Act, the Commission shall submit to each committee of Congress with jurisdiction over the Commission a report on—(1)the actions taken by game publishers and digital game distributors to comply with this Act; and(2)other Federal or State laws relating to pay-to-win microtransactions and loot boxes.5.Study of the effect of pay-to-win microtransactions and loot boxes(a)In generalNot later than 2 years after the date of enactment of this Act, the Commission shall submit to each committee of Congress with jurisdiction over the Commission a report on the use of add-on content, including pay-to-win microtransactions, loot boxes, and other kinds of add-on transactions in the design of interactive digital entertainment products for audiences of all ages.(b)Content of reportThe report required under subsection (a) shall—(1)analyze the use of pay-to-win microtransaction and loot box design practices in specific interactive digital entertainment products;(2)analyze the psychological effects of pay-to-win microtransactions and loot boxes on users;(3)study game development practices relating to pay-to-win microtransactions and loot boxes, including A/B testing of various pay-to-win microtransaction or loot box designs;(4)analyze the effects of pay-to-win microtransactions and loot boxes on investment and production in the digital entertainment industry;(5)document different types of pay-to-win microtransactions and loot boxes found in interactive digital entertainment products; and(6)analyze whether other forms of add-on transactions to interactive digital entertainment products, such as those altering a user’s visual representation within a product, can induce compulsive purchasing behavior by minors.(c)Use of psychological researchThe Commission may conduct or commission psychological research on users of interactive digital entertainment products to inform the report required under subsection (a).


116 S2752 IS: School Hunger Elimination Act of 2019
U.S. Senate
2019-10-30
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.

II116th CONGRESS1st SessionS. 2752IN THE SENATE OF THE UNITED STATESOctober 30, 2019Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo amend the Richard B. Russell National School Lunch Act to improve program requirements, and for
			 other purposes.

 1.Short titleThis Act may be cited as the School Hunger Elimination Act of 2019. 2.Mandatory direct certificationSection 9(b)(5) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(5)) is amended—
 (1)in the paragraph heading, by striking Discretionary certification and inserting Direct certification of additional low-income children; and (2)in the matter preceding subparagraph (A), by striking may and inserting shall.
 3.Retroactive reimbursementSection 9(b)(9) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(9)) is amended by adding at the end the following:

				(D)Retroactive reimbursement
 (i)DefinitionsIn this subparagraph: (I)Change in eligibilityThe term change in eligibility means, with respect to eligibility for the school lunch program under this Act—
 (aa)a change from eligibility for reduced price meals to eligibility for free meals; and (bb)a change from noneligibility to eligibility for free or reduced price meals.
 (II)Meal claimThe term meal claim means any documentation provided by a school food authority to a State agency in order to receive reimbursement under this Act for the cost of a meal served to a child by the school food authority.
 (III)Previously submittedThe term previously submitted, with respect to a meal claim, means a meal claim submitted on or after the retroactive date. (IV)Retroactive dateThe term retroactive date means the first day of the current school year.
						(ii)Retroactivity
 (I)Submission of meal claimsA local educational agency shall— (aa)revise and resubmit a previously submitted meal claim to reflect a change in eligibility described in subclause (i)(I)(aa) of a child; and
 (bb)submit a meal claim for any meal provided on or after the retroactive date for a child that has a change of eligibility described in subclause (i)(I)(bb).
 (II)Reimbursement by SecretaryThe Secretary shall reimburse each meal claim submitted by a local educational agency under subclause (I).
 (iii)Reimbursement to familiesA local educational agency that receives a reimbursement under clause (ii)(II) shall reimburse the household of a child for any fees paid by the household on or after the retroactive date and prior to the change in eligibility of the child..
 4.Universal Medicaid direct certificationSection 9(b)(15) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(b)(15)) is amended—
 (1)in subparagraph (A)— (A)by striking clause (i) and inserting the following:

						(i)Eligible child
 (I)In generalThe term eligible child means a child— (aa)(AA)who is eligible for and receiving medical assistance under the Medicaid program; and
 (BB)who is a member of a family with an income as measured by the Medicaid program that does not exceed, in the case of eligibility for free meals, 133 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)), including any revision required by such section) applicable to a family of the size used for purposes of determining eligibility for the Medicaid program, or, in the case of eligibility for reduced price meals, the applicable family size income level under the income eligibility guidelines for reduced price meals; and
 (bb)who is a member of a household (as that term is defined in section 245.2 of title 7, Code of Federal Regulations (or successor regulations)) with a child described in item (aa).
 (II)Other childrenThe term eligible child includes a child who is eligible for and receiving medical assistance under the Medicaid program under subclause (I) of section 1902(a)(10)(A)(i) of the Social Security Act (42 U.S.C. 1396a(a)(10)(A)(i))—
 (aa)on the basis of receiving aid or assistance under the State plan approved under part E of title IV of that Act (42 U.S.C. 670 et seq.);
 (bb)by reason of section 473(b) of that Act (42 U.S.C. 673(b)); or
 (cc)under subclause (II) of section 1902(a)(10)(A)(i) of that Act (42 U.S.C. 1396a(a)(10)(A)(i)).; and
 (B)by adding at the end the following:  (iii)Without further applicationThe term without further application has the meaning given the term in paragraph (4)(G).; and
 (2)by striking subparagraphs (B) through (H) and inserting the following:  (B)AgreementFor the school year beginning on July 1, 2020, and each school year thereafter, each State shall enter into an agreement described in subparagraph (C) with the 1 or more State agencies conducting eligibility determinations for the Medicaid program.
					(C)Procedures
 (i)In generalSubject to subparagraph (D) and paragraph (6), an agreement entered into under subparagraph (B) shall establish procedures under which an eligible child shall be certified as eligible, without further application, for—
 (I)free or reduced price lunch under this Act; and (II)free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
 (ii)Free mealsEach agreement entered into under subparagraph (B) shall ensure that a child that is simultaneously eligible for reduced price meals under this paragraph or based on an income eligibility determination, and for free meals based on documentation provided under subsection (d)(2), shall be certified for free meals.
 (D)CertificationSubject to paragraph (6), and according to an agreement entered into under subparagraph (B), the local educational agency conducting eligibility determinations under that agreement shall certify an eligible child as eligible, without further application, for—
 (i)free or reduced price lunch under this Act; and (ii)free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773)..
 5.Universal meal service in high poverty areasSection 11(a)(1)(F) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) is amended by striking clause (vii) and inserting the following:

 (vii)MultiplierFor each school year beginning on or before July 1, 2020, the multiplier shall be 1.8.. 6.Statewide free universal school meals demonstration projectsSection 11(a)(1) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1759a(a)(1)) is amended by adding at the end the following:

				(G)Statewide free universal school meals demonstration projects
 (i)DefinitionsIn this subparagraph: (I)Demonstration projectThe term demonstration project means a demonstration project carried out under clause (ii).
						(II)Eligible school
 (aa)In generalThe term eligible school means a school that participates in the school lunch program under this Act and the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773).
 (bb)ExclusionThe term eligible school does not include a residential child care institution (as defined in section 210.2 of title 7, Code of Federal Regulations (or successor regulations)).
 (III)Identified studentThe term identified student has the meaning given the term in subparagraph (F)(i). (IV)Selected StateThe term selected State means a State selected to carry out a demonstration project under clause (iii)(I).
 (ii)EstablishmentNot later than July 1, 2021, the Secretary shall carry out demonstration projects in selected States under which school meals are provided at no charge to every student at an eligible school in the selected State.
					(iii)State selection
 (I)In generalThe Secretary shall select not more than 5 States to each carry out a demonstration project. (II)ApplicationsA State seeking to carry out a demonstration project shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
 (III)PriorityIn carrying out subclause (I), the Secretary shall give priority to a State based on— (aa)the level of childhood poverty in the State;
 (bb)the extent to which the State has implemented subparagraph (F); (cc)the extent to which the direct certification rate of the State meets the required percentage (as defined in section 9(b)(4)(F)(i));
 (dd)the extent to which the State demonstrates a commitment to providing technical assistance to local educational agencies that will implement the demonstration project in the State; and
 (ee)the extent to which the State demonstrates a commitment to providing non-Federal funding under clause (vi)(III).
 (iv)Start dateA demonstration project shall begin in a selected State on the first day of the school year in that State.
					(v)Special assistance payments
 (I)First yearFor each month of the first school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying—
 (aa)1.8; and (bb)the percentage of identified students in eligible schools in the State as of the last day of the prior school year, up to a maximum of 100 percent.
 (II)Subsequent yearsFor each month of the second school year and each subsequent school year during which a demonstration project is carried out, a selected State shall receive special assistance payments at the rate for free meals for a percentage of all reimbursable meals served in eligible schools in the State in an amount equal to the product obtained by multiplying—
 (aa)1.8; and (bb)the higher of—
 (AA)the percentage of identified students in eligible schools as of the last day of the prior school year; and
 (BB)the percentage of identified students in eligible schools as of the last day of the school year prior to the first school year during which a demonstration project is carried out, up to a maximum of 100 percent.
 (III)Payment for other mealsWith respect to the reimbursable meals described in subclauses (I) and (II) for which a selected State is not receiving special assistance payments under this clause, the reimbursement rate shall be the rate provided under section 4.
 (IV)Payments in lieu ofA special assistance payment made under this clause shall be in lieu of any other special assistance payment made under this paragraph.
						(vi)State implementation
 (I)Preliminary activitiesEach selected State shall, in the school year preceding the first school year during which the demonstration project shall be carried out in the State—
 (aa)identify each eligible school in the State; (bb)in consultation with the Secretary, combine the percentage of identified students across eligible schools for the purpose of calculating the maximum reimbursement rate to ensure that the special assistance payments received under clause (v) are for the maximum amount;
 (cc)inform local educational agencies of the demonstration project; and (dd)coordinate with local educational agencies to provide information about the demonstration project to parents or guardians of students attending eligible schools.
 (II)Meal serviceAs part of a demonstration project, an eligible school in a selected State— (aa)shall not collect applications for free and reduced price lunches under this Act; and
 (bb)shall make school meals available to all children at the school at no charge.
							(III)Non-Federal funding
 (aa)In generalEach selected State may support the demonstration project using—
 (AA)funds from State and local sources that are used for the maintenance of the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773); and
 (BB)State revenues appropriated or used for program purposes under section 7 of this Act. (bb)Non-Federal contributionsIn addition to the funding received under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), each selected State shall provide funding from non-Federal sources to ensure that local educational agencies in the State receive the free reimbursement rate for not less than 90 percent of the meals served at eligible schools.
							(cc)Continuation of free rate
 (AA)Definition of covered school yearIn this item, the term covered school year means the school year preceding the first school year during which a demonstration project is carried out.
 (BB)Free rateA selected State that receives special assistance payments at the free reimbursement rate under subparagraph (F) for more than 90 percent of the meals served at eligible schools in the covered school year shall continue to receive the free reimbursement rate for not less than the same percentage of meals in each school year during which a demonstration project is carried out.
								(vii)Report
 (I)In generalNot later than September 30, 2025, the Secretary, acting through the Administrator of the Food and Nutrition Service, shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committees on Agriculture and Education and Labor of the House of Representatives a report that evaluates the impact of each demonstration project in a selected State on—
 (aa)academic achievement, absenteeism, tardiness, the school environment, and child food insecurity in the State, and on other key factors, identified in consultation with the Secretary of Education;
 (bb)the rate of participation in the free lunch program under this Act and the free breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) among identified students and other students;
 (cc)school meal services, finances, and operations in the State; (dd)administrative costs to the State and the school food authorities participating in the demonstration project; and
 (ee)the integrity of the operation of the free lunch program under this Act in the State. (II)Funding (aa)In generalOn October 1, 2021, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this clause $3,000,000, to remain available until September 30, 2025.
 (bb)Receipt and acceptanceThe Secretary shall be entitled to receive, shall accept, and shall use to carry out this clause the funds transferred under item (aa), without further appropriation..


		II

		109th CONGRESS

		1st Session

		S. 391

		IN THE SENATE OF THE UNITED STATES

			February 16, 2005

			Mr. Lautenberg (for

			 himself, Mr. Kerry,

			 Mrs. Boxer, and Mrs. Clinton) introduced the following bill; which

			 was read twice and referred to the Committee on Rules and

			 Administration

		A BILL

		To amend the Federal Election Campaign Act

		  of 1971 to prohibit certain State election administration officials from

		  actively participating in electoral campaigns.

			1.

			Short title

			This Act may be cited as the

			 Federal Election Integrity Act of

			 2005.

			2.

			Findings

			Congress finds that—

				(1)

				chief State election

			 administration officials have served on political campaigns for Federal

			 candidates whose elections those officials will supervise;

				(2)

				such partisan activity by the

			 chief State election administration official, an individual charged with

			 certifying the validity of an election, represents a fundamental conflict of

			 interest that may prevent the official from ensuring a fair and accurate

			 election;

				(3)

				this conflict impedes the

			 legal duty of chief State election administration officials to supervise

			 Federal elections, undermines the integrity of Federal elections, and

			 diminishes the people’s confidence in our electoral system by casting doubt on

			 the results of Federal elections;

				(4)

				the Supreme Court has long

			 recognized that Congress’s power to regulate Congressional elections under

			 article I, section 4, clause 1 of the Constitution is both plenary and

			 powerful; and

				(5)

				the Supreme Court and

			 numerous appellate courts have recognized that the broad power given to

			 Congress over Congressional elections extends to Presidential elections.

			3.

			Prohibition on campaign activities by election administration

			 officials

				(a)

				In general

				Title III of the Federal

			 Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting

			 after section 319 the following new section:

						319A.

						Campaign activities by election

		  officials(a)

							Prohibition

							It shall be unlawful for a

				chief State election administration official to take an active part in

				political management or in a political campaign with respect to any election

				for Federal office over which such official has supervisory authority.

							(b)

							Chief State election administration official

							The term chief State

				election administration official means the highest State official with

				responsibility for the administration of Federal elections under State

				law.

							(c)

							Active part in political management or in a political

				campaign

							The term active part

				in political management or in a political campaign means—

								(1)

								serving as a member of an

				authorized committee of candidate for Federal office;

								(2)

								the use of official

				authority or influence for the purpose of interfering with or affecting the

				result of an election for Federal office;

								(3)

								the solicitation,

				acceptance, or receipt of political contributions from any person on behalf of

				a candidate for Federal office;

								(4)

								the solicitation or

				discouragement of the participation in any political activity of any

				person;

								(5)

								engaging in partisan

				political activity on behalf of a candidate for Federal office; and

								(6)

								any other act prohibited

				under section 7323(b)(4) of title 5, United States Code (other than any

				prohibition on running for public office).

							.

				(b)

				Enforcement

				Section 309 of the Federal

			 Election Campaign Act of 1971 (42 U.S.C. 437g) is amended by adding at the end

			 the following new subsection:

						(d)

						(1)

							Notwithstanding paragraphs

				(1) through (5) of subsection (a), any person who has knowledge of a violation

				of section 319A has occurred may file a complaint with the Commission. Such

				complaint shall be in writing, signed and sworn to by the person filing such

				complaint, shall be notarized, and shall be made under penalty of perjury

				subject to the provisions of section 1001 of title 18, United States Code. The

				Commission shall promptly notify any person alleged in the complaint and the

				candidate with respect to whom a violation is alleged, and shall give such

				person and such candidate an opportunity to respond. Not later than 14 days

				after the date on which such a complaint is filed, the Commission shall make a

				determination on such complaint.

							(2)

							(A)

								If the Commission

				determines by an affirmative vote of a majority of the members voting that a

				person has committed a violation of section 319A, the Commission shall require

				the person to pay a civil money penalty in an amount determined under a

				schedule of penalties which is established and published by the

				Commission.

								(B)

								If the Commission

				determines by an affirmative vote of a majority of the members voting that a

				person has committed a violation of section 319A under subparagraph (A) and

				that the candidate knew of the violation at the time such violation occurred,

				the Commission may require such candidate to pay a civil money penalty in an

				amount determined under a schedule of penalties which is established and

				published by the Commission.

							.


116 S3272 IS: To provide for a safe to report policy relating to alleged instances of sexual assault involving members of the Armed Forces.
U.S. Senate
2020-02-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3272IN THE SENATE OF THE UNITED STATESFebruary 11, 2020Mrs. Gillibrand (for herself and Mr. Grassley) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo provide for a safe to report policy relating to alleged  instances of sexual assault involving
			 members of the Armed Forces.

		1.Safe to report policy applicable across the Armed Forces
 (a)In generalThe Secretary of Defense shall, in consultation with the Secretaries of the military departments and the Secretary of Homeland Security, prescribe in regulations a safe to report policy described in subsection (b) that applies with respect to all members of the Armed Forces (including members of the reserve components of the Armed Forces) and cadets and midshipmen at the military service academies.
 (b)Safe To report policyThe safe to report policy described in this subsection is a policy under which a member of the Armed Forces who is the alleged victim of sexual assault, but who may have committed minor collateral misconduct at or about the time of such sexual assault, or whose minor collateral misconduct is discovered only as a result of the investigation into such sexual assault, may report such sexual assault to proper authorities without fear or receipt of discipline in connection with such minor collateral misconduct absent aggravating circumstances that increase the gravity of the minor collateral misconduct or its impact on good order and discipline.
 (c)Minor collateral misconductFor purposes of the safe to report policy, minor collateral misconduct shall include any of the following:
 (1)Improper use or possession of alcohol. (2)Consensual intimate behavior (including adultery) or fraternization.
 (3)Presence in an off-limits area. (4)Such other misconduct as the Secretary of Defense shall specify in the regulations under subsection (a).
 (d)Aggravating circumstancesThe regulations under subsection (a) shall specify aggravating circumstances that increase the gravity of minor collateral misconduct or its impact on good order and discipline for purposes of the safe to report policy.


		I
		111th CONGRESS
		1st Session
		H. R. 650
		IN THE HOUSE OF REPRESENTATIVES

			January 22, 2009
			Mr. Kagen 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 increase
		  the credit amount for new qualified alternative fuel motor vehicles weighing
		  more than 26,000 pounds and to increase the credit for certain alternative fuel
		  vehicle refueling properties, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Cleaner Trucks for America Act of
			 2009.
		2.Increase in
			 alternative motor vehicle credit amount for new qualified alternative fuel
			 motor vehicles weighing more than 26,000 pounds
			(a)In
			 generalSubparagraph (D) of
			 section 30B(e)(3) of the Internal Revenue Code of 1986 is amended by striking
			 $40,000 and inserting $80,000.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) shall apply to property
			 placed in service after the date of the enactment of this Act.
			3.Increase in credit
			 for certain alternative fuel vehicle refueling properties
			(a)In
			 generalSubsection (b) of
			 section 30C of the Internal Revenue Code of 1986 is amended by striking
			 paragraphs (1) and (2) and inserting the following:

					(1)except as provided in paragraph (2),
				$30,000 in the case of a property of a character subject to an allowance for
				depreciation,
					(2)in the case of a compressed natural gas,
				liquefied natural gas, or liquefied petroleum gas property the aggregate cost
				of which exceeds $100,000, the lesser of—
						(A)30 percent of such
				cost, or
						(B)$100,000,
				and
						(3)$2,000 in any other
				case.
					.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to property
			 placed in service after the date of the enactment of this Act.
			4.Allowance of
			 credits against regular and minimum tax
			(a)Business
			 creditsSubparagraph (B) of section 38(c)(4) of the Internal
			 Revenue Code of 1986 is amended by striking and at the end of
			 clause (vii), by striking the period at the end of clause (viii) and inserting
			 a comma, and by inserting after clause (viii) the following new clauses:

					(ix)the portion of the credit determined under
				section 30B which is attributable to the application of subsection (e)(3)(D)
				thereof, and
					(x)the portion of the credit determined under
				section 30C which is attributable to compressed natural gas, liquefied natural
				gas, or liquefied petroleum gas
				property.
					.
			(b)Personal
			 credits
				(1)New qualified
			 alternative fuel motor vehicles weighing more than 26,000
			 poundsSubsection (g) of section 30B of such Code is amended by
			 adding at the end the following new paragraph:

						(3)Special rule
				relating to certain new qualified alternative fuel motor vehiclesIn the case of the portion of the credit
				determined under subsection (a) which is attributable to the application of
				subsection (e)(3)(D)—
							(A)paragraph (2)
				shall (after the application of paragraph (1)) be applied separately with
				respect to such portion, and
							(B)in lieu of the
				limitation determined under paragraph (2), such limitation shall not exceed the
				excess (if any) of—
								(i)the sum of the regular tax liability (as
				defined in section 26(b)) plus the tentative minimum tax for the taxable year,
				reduced by
								(ii)the sum of the credits allowable under
				subpart A and sections 27 and
				30.
								.
				(2)Alternative fuel
			 vehicle refueling propertiesSubsection (d) of section 30C of
			 such Code is amended by adding at the end the following new paragraph:

						(3)Special rule
				relating to certain alternative fuel vehicle refueling propertiesIn the case of the portion of the credit
				determined under subsection (a) which is attributable to compressed natural
				gas, liquefied natural gas, or liquefied petroleum gas property—
							(A)paragraph (2) shall
				(after the application of paragraph (1)) be applied separately with respect to
				such portion, and
							(B)in lieu of the
				limitation determined under paragraph (2), such limitation shall not exceed the
				excess (if any) of—
								(i)the sum of the regular tax liability (as
				defined in section 26(b)) plus the tentative minimum tax for the taxable year,
				reduced by
								(ii)the sum of the credits allowable under
				subpart A and sections 27, 30, and the portion of the credit determined under
				section 30B which is attributable to the application of subsection (e)(3)(D)
				thereof.
								.
				(c)Effective
			 dateThe amendments made by
			 this section shall apply to taxable years ending after the date of the
			 enactment of this Act.
			5.Credit relating
			 to new qualified alternative fuel motor vehicles weighing more than 26,000
			 pounds may be transferred
			(a)In
			 generalSubsection (h) of
			 section 30B is amended by adding at the end the following new paragraph:

					(11)Transferability
				of creditNothing in any law
				or rule of law shall be construed to limit the transferability, through sale
				and repurchase agreements, of the credit allowed by reason of subsection
				(e)(3)(D).
					.
			(b)Effective
			 dateThe amendment made by this section shall apply with respect
			 to vehicles placed in service after the date of the enactment of this
			 Act.


110 HR 3118 IH: To promote the production and use of

U.S. House of Representatives
2007-07-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 3118
		IN THE HOUSE OF REPRESENTATIVES

			July 19, 2007
			Mr. Terry introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Ways and Means and
			 Science and Technology,
			 for a period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To promote the production and use of
		  ethanol.

		1.Prohibition on franchise
			 agreement restrictions related to renewable fuel infrastructure
			(a)In
			 generalTitle I of the
			 Petroleum Marketing Practices Act (15 U.S.C. 2801 et seq.) is amended by adding
			 at the end the following:

					107.Prohibition on
				restriction of installation of renewable fuel pumps
						(a)DefinitionIn
				this section:
							(1)Renewable
				fuelThe term renewable fuel means any fuel—
								(A)at least 85
				percent of the volume of which consists of ethanol; or
								(B)any mixture of biodiesel or renewable
				diesel (as defined in regulations adopted pursuant to section 211(o) of the
				Clean Air Act (40 C.F.R., Part 80)) and diesel fuel, determined without regard
				to any use of kerosene and containing at least 10 percent biodiesel or
				renewable diesel.
								(2)Franchise-related
				documentThe term franchise-related document
				means—
								(A)a franchise under
				this Act; and
								(B)any other contract
				or directive of a franchisor relating to terms or conditions of the sale of
				fuel by a franchisee.
								(b)Prohibitions
							(1)In
				generalNotwithstanding any provision of a franchise-related
				document in effect on the date of enactment of this section, no franchisee or
				affiliate of a franchisee shall be restricted by its franchisor from—
								(A)installing on the marketing premises of the
				franchisee a renewable fuel pump or tank, except that the franchisee’s
				franchisor may restrict the installation of a tank on leased marketing premises
				of such franchisor;
								(B)converting an existing tank or pump on the
				marketing premises of the franchisee for renewable fuel use, so long as such
				tank or pump and the piping connecting them are either warranted by the
				manufacturer or certified by a recognized standards setting organization to be
				suitable for use with such renewable fuel;
								(C)advertising
				(including through the use of signage) the sale of any renewable fuel;
								(D)selling renewable
				fuel in any specified area on the marketing premises of the franchisee
				(including any area in which a name or logo of a franchisor or any other entity
				appears);
								(E)purchasing
				renewable fuel from sources other than the franchisor if the franchisor does
				not offer its own renewable fuel for sale by the franchisee;
								(F)listing renewable
				fuel availability or prices, including on service station signs, fuel
				dispensers, or light poles; or
								(G)allowing for
				payment of renewable fuel with a credit card,
								so long as
				such activities do not constitute willful adulteration, mislabeling, or
				misbranding of motor fuels or other trademark violations by the
				franchisee.(2)Effect of
				provisionAny restriction described in paragraph (1) that is
				contained in a franchise-related document and in effect on the date of
				enactment of this section shall be considered to be null and void as of that
				date.
							(c)Exception to
				3-grade requirementNo franchise-related document that requires
				that 3 grades of gasoline be sold by the applicable franchisee shall prevent
				the franchisee from selling an renewable fuel in lieu of 1, and only 1, grade
				of
				gasoline.
						.
			(b)EnforcementSection
			 105 of the Petroleum Marketing Practices Act (15 U.S.C. 2805) is amended by
			 striking 102 or 103 each place it appears and inserting
			 102, 103, or 107.
			(c)Conforming
			 amendments
				(1)In
			 generalSection 101(13) of the Petroleum Marketing Practices Act
			 (15 U.S.C. 2801(13)) is amended by adjusting the indentation of subparagraph
			 (C) appropriately.
				(2)Table of
			 contentsThe table of contents of the Petroleum Marketing
			 Practices Act (15 U.S.C. 2801 note) is amended—
					(A)by inserting after
			 the item relating to section 106 the following:

								Sec. 107. Prohibition on
				restriction of installation of renewable fuel
				pumps.

							;
						and(B)by striking the
			 item relating to section 202 and inserting the following:

								Sec. 202. Automotive fuel
				rating testing and disclosure
				requirements.

							.
					2.Supplementing
			 corn as an ethanol feedstock
			(a)Research and
			 development programThe
			 Secretary of Energy shall establish a program to make grants of not to exceed
			 $1,000,000 each to no more than 10 universities for a 3-year program of
			 demonstration of supplementing corn as an ethanol feedstock with sweet
			 sorghum.
			(b)Program
			 goalsThe goals of the
			 program under this section shall be to—
				(1)enhance agronomic
			 efficiency of the crop on marginal lands by—
					(A)developing best
			 management practices for maintaining high sorghum yields while using less water
			 and nitrogen than corn;
					(B)identifying and
			 selecting plants with a high sugar content; and
					(C)developing cold
			 tolerant sweet sorghum varieties to enable two crops to be grown per
			 season;
					(2)enhance ethanol processing potential in the
			 crop by—
					(A)developing a
			 robust technology for centralized and ethanol production facilities that pair
			 high-performing sweet sorghum lines with different yeasts to produce the best
			 process for converting sweet sorghum juice into ethanol;
					(B)conducting process
			 and chemical analyses of sweet sorghum sap fermentation;
					(C)introducing
			 cellulosic hydrolyzing enzymes into sweet sorghum to promote biomass
			 conversion; and
					(D)performing
			 life-cycle analysis of sweet sorghum-ethanol, including energy yield,
			 efficiency, and greenhouse gas reduction;
					(3)establish a sweet sorghum production system
			 optimized for the region of the university conducting the research;
				(4)improve sweet
			 sorghum lines with higher sugar production and performance with minimal
			 agricultural inputs;
				(5)optimize sugar
			 fermentation using selected yeast strains;
				(6)develop sweet
			 sorghum lines with improved cold tolerance and cellulosic degradation;
			 and
				(7)develop
			 agricultural models for predicting agricultural performance and ethanol yield
			 under various growing conditions.
				(c)Award
			 criteriaThe Secretary shall
			 award grants under this section only to universities that—
				(1)have access to
			 multiple lines of sweet sorghum for research; and
				(2)are located in a
			 State where sweet sorghum is anticipated to grow well on marginal lands.
				(d)Authorization of
			 AppropriationsThere are authorized to be appropriated to the
			 Secretary for carrying out this section $10,000,000.
			3.Closed loop
			 ethanol project loan guarantees
			(a)Clean Air Act
			 amendmentsSection 212 of the
			 Clean Air Act (42 U.S.C. 7546) is amended—
				(1)in
			 subsection (a)—
					(A)by redesignating
			 paragraphs (1) through (3) as paragraphs (2) through (4), respectively;
			 and
					(B)by inserting
			 before paragraph (2), as so redesignated by subparagraph (A) of this paragraph,
			 the following new paragraph:

							(1)Closed loop
				ethanolThe term closed loop ethanol means a
				facility in which—
								(A)solid and liquid
				waste is collected from agricultural animals in a concentrated location
				together with cellulosic and other bio mass from agricultural crops;
								(B)such waste is used
				to generate fuel;
								(C)such fuel is used
				to produce ethanol at the same location; and
								(D)the need for fossil
				fuel in the production of ethanol and the drying of distillers grains is
				reasonably expected to be at least 90 percent less than in a comparably sized
				traditional ethanol facility powered by fossil
				fuel.
								;
					(2)in subsection (b)(1), by inserting ,
			 including closed loop ethanol projects after sucrose-derived
			 ethanol;
				(3)in subsection
			 (b)(2)(A), by striking not more than 4; and
				(4)in
			 subsection (b)(5), by inserting , or at least 10 percent in the case of
			 closed loop ethanol facilities after total project
			 cost.
				(b)Loan guarantee
			 program amendmentsSection 1510 of the Energy Policy Act of 2005
			 (42 U.S.C. 16501) is amended—
				(1)in subsection (b),
			 by striking for the construction of facilities and inserting
			 , and Federal, State, and locally issued industrial revenue bonds in the
			 case of closed loop ethanol facilities, for the construction of facilities,
			 including closed loop ethanol facilities,; and
				(2)in subsection (e),
			 by inserting , or not more than 30 years in the case of closed loop
			 ethanol facilities after 20 years.
				4.Modification of
			 alternative fuel vehicle refueling property credit
			(a)Increase in
			 credit amountSection 30C of the Internal Revenue Code of 1986
			 (relating to alternative fuel vehicle refueling property credit) is
			 amended—
				(1)by striking
			 30 percent in subsection (a) and inserting 50
			 percent, and
				(2)by
			 striking $30,000 in subsection (b)(1) and inserting
			 $50,000.
				(b)Extension of
			 creditSubsection (g) section 30C of such Code (relating to
			 termination) is amended to read as follows:

					(g)Termination of
				availability of creditThis section shall not apply to property
				placed in service after December 31,
				2014.
					.
			(c)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after the date of the enactment of this Act, in taxable years
			 ending after such date.
			5.Refueling property for
			 biodiesel and renewable biodiesel
			(a)In
			 generalParagraph (1) of section 179A(e) of the Internal Revenue
			 Code of 1986 is amended by striking and at the end of
			 subparagraph (E), by striking the period at the end of subparagraph (F) and
			 inserting , and, and by inserting after subparagraph (F) the
			 following new subparagraph:

					(G)any mixture of diesel fuel (as defined in
				section 4083(a)(3)), determined without regard to any use of kerosene, at least
				20 percent of which is 1 or more of the following: biodiesel or renewable
				biodiesel, as such terms are defined in section
				40A.
					.
			(b)Effective
			 dateThe amendments made by
			 this section shall apply to property placed in service after the date of the
			 enactment of this Act, in taxable years ending after such date.
			6.Increase in credit for
			 research relating to alternative and renewable energy processes
			(a)In
			 generalSection 41 of the Internal Revenue Code of 1986 is
			 amended by redesignating subsection (h) as subsection (i) and by inserting
			 after subsection (g) the following new subsection:

					(h)Increase in
				credit amount for research relating to alternative and renewable energy
				processes
						(1)In
				generalIn the case of any expense or payment relating to a
				qualified resource—
							(A)subsection (a)
				shall be applied by substituting 40 percent for 10
				percent each place it occurs,
							(B)subsection (c)(4) shall be applied by
				substituting 6 percent for 3 percent in
				subparagraph (A)(i), 8 percent for 4 percent in
				subparagraph (A)(ii), and 10 percent for 5
				percent in subparagraph (A)(iii),
							(C)subsection (c)(5) shall be applied by
				substituting 24 percent for 12 percent in
				subparagraph (A) and 12 percent for 6 percent in
				subparagraph (B)(ii), and
							(D)such expense or
				payment shall be taken into account for purposes of this section after taking
				into account expenses and payments which do not relate to a qualified
				resource.
							(2)Qualified
				resourceFor purposes of paragraph (1), the term qualified
				resource means—
							(A)any clean-burning
				fuel (as defined in section 179A(e)(1), other than diesel fuel), and
							(B)any closed-loop
				system, including any anaerobic
				digester.
							.
			(b)Allowance
			 against alternative minimum taxSubparagraph (B) of section
			 38(c)(4) of such Code is amended by striking and at the end of
			 clause (i), by striking the period at the end of clause (ii) and inserting
			 , and, and by inserting after clause (ii) the following new
			 clause:

					(iii)the credit determined under section 41 to
				the extent that such credit is attributable to the increase for research
				relating to alternative and renewable energy processes under subsection (h)
				thereof.
					.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to property placed in service after December 31,
			 2007.


116 S1270 IS: Housing Accountability Act of 2019
U.S. Senate
2019-05-01
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1270IN THE SENATE OF THE UNITED STATESMay 1, 2019Mr. Rubio (for himself and Mr. Young) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo provide standards for physical condition and management of housing receiving assistance payments
			 under section 8 of the United States Housing Act of 1937.

 1.Short titleThis Act may be cited as the Housing Accountability Act of 2019.
 2.Standards for physical condition and management of housing receiving assistance paymentsSection 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) is amended by inserting after subsection (v) the following:

				(w)Standards for physical condition and management of housing receiving assistance payments
 (1)Standards for physical condition and management of housingAny entity receiving assistance payments under this section shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, for any structure covered under a housing assistance payment contract.
 (2)Survey of tenantsThe Secretary shall develop a process by which a Performance-Based Contract Administrator shall, on a semiannual basis, conduct a survey of the tenants of each structure covered under a housing assistance payment contract for the purpose of identifying consistent or persistent problems with the physical condition of the structure or performance of the manager of the structure.
 (3)RemediationA structure covered under a housing assistance payment contract shall be referred to the Secretary for remediation if a Performance-Based Contract Administrator identifies a consistent or persistent problem with the structure or the management of the structure based on—
 (A)a survey conducted under paragraph (2); or (B)any other observation made by the Performance-Based Contract Administrator during the normal course of business.
						(4)Penalty for failure to uphold standards
 (A)In generalThe Secretary may impose a penalty on any owner of a structure covered under a housing assistance payment contract if the Secretary finds that the structure or manager of the structure—
 (i)did not satisfactorily meet the requirements under paragraph (1); or (ii)is repeatedly referred to the Secretary for remediation by a Performance-Based Contract Administrator through the process established under paragraph (3).
 (B)AmountA penalty imposed under subparagraph (A) shall be in an amount equal to not less than 1 percent of the annual budget authority the owner is allocated under a housing assistance payment contract.
 (C)Use of amountsAny amounts collected under this paragraph shall be used solely for the purpose of supporting safe and sanitary conditions at applicable structures or for tenant relocation, as designated by the Secretary, with priority given to the tenants of the structure that led to the penalty.
 (5)ApplicabilityThis subsection shall not apply to any property assisted under subsection (o).. 3.Issuance of reportNot later than 1 year after the date of enactment of this Act, the Secretary of Housing and Urban Development shall submit to Congress a report that—
 (1)examines the adequacy of capital reserves for each structure covered under a housing assistance payment contract under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f);
 (2)examines the use of funds derived from a housing assistance payment contract for purposes unrelated to the maintenance and capitalization of the structure covered under the contract; and
 (3)includes any administrative or legislative recommendations to further improve the living conditions at those structures.