114 HR 2907 IH: Responsible Estate Tax Act
U.S. House of Representatives
2015-06-25
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. 2907
		IN THE HOUSE OF REPRESENTATIVES

			June 25, 2015
			Ms. Schakowsky (for herself and Mr. Ellison) 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 reinstate estate and generation-skipping taxes, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Responsible Estate Tax Act. 2.Modifications to estate, gift, and generation-skipping transfer taxes (a)Modification of rates (1)In generalSection 2001(c) of the Internal Revenue Code of 1986 is amended by striking the last 2 rows and inserting the following:

									Over $750,000 but not over $3,500,000$248,300 plus 39 percent of the excess of such amount over $750,000.
									 Over $3,500,000 but not over $10,000,000 $1,320,800 plus 45 percent of the excess of such amount over $3,500,000.
									 Over $10,000,000 but not over $50,000,000$4,245,800 plus 50 percent of the excess of such amount over $10,000,000.
									 Over $50,000,000$24,245,800 plus 55 percent of the excess of such amount over $50,000,000..
 (2)Surtax on wealthy estatesSection 2001(c) of such Code is amended— (A)by inserting before the table the following:

							(1)In general, and
 (B)by adding at the end the following new paragraph:  (2)Surtax on estates over $500,000,000Notwithstanding paragraph (1), if the amount with respect to which the tentative tax to be computed is over $500,000,000, the rate of tax otherwise in effect under this subsection with respect to the amount in excess of $500,000,000 shall be increased by 10 percent..
					(b)Exclusion amount
 (1)Estate taxSection 2010(c)(3) of such Code is amended to read as follows:  (3)Basic exclusion amountFor purposes of this section, the basic exclusion amount is $3,500,000..
 (2)Modification to gift tax exclusion amountSection 2505(a)(1) of such Code is amended to read as follows:  (1)the applicable credit amount in effect under section 2010(c) for such calendar year (determined as if the basic exclusion amount in section 2010(c)(2)(A) were $1,000,000), reduced by.
				(3)Modifications of estate and gift taxes to reflect differences in credit resulting from different
			 exclusion amounts
 (A)Estate tax adjustmentSection 2001 of such Code is amended by adding at the end the following new subsection:  (h)Adjustment To reflect changes in exclusion amount (1)In generalIf, with respect to any gift to which subsection (b)(2) applies, the applicable exclusion amount in effect at the time of the decedent’s death is less than such amount in effect at the time such gift is made by the decedent, the amount of tax computed under subsection (b) shall be reduced by the amount of tax which would have been payable under chapter 12 at the time of the gift if the applicable exclusion amount in effect at such time had been the applicable exclusion amount in effect at the time of the decedent's death and the modifications described in subsection (g) had been applicable at the time of such gifts.
 (2)LimitationThe aggregate amount of gifts made in any calendar year to which the reduction under paragraph (1) applies shall not exceed the excess of—
 (A)the applicable exclusion amount in effect for such calendar year, over (B)the applicable exclusion amount in effect at the time of the decedent's death.
 (3)Applicable exclusion amountThe term applicable exclusion amount means, with respect to any period, the amount determined under section 2010(c) for such period, except that in the case of any period for which such amount includes the deceased spousal unused exclusion amount (as defined in section 2010(c)(4)), such term shall mean the basic exclusion amount (as defined under section 2010(c)(3), as in effect for such period)..
 (B)Gift tax adjustmentSection 2502 of such Code is amended by adding at the end the following new subsection:  (d)Adjustment To reflect changes in exclusion amount (1)In generalIf the taxpayer made a taxable gift in an applicable preceding calendar period, the amount of tax computed under subsection (a) shall be reduced by the amount of tax which would have been payable under chapter 12 for such applicable preceding calendar period if the applicable exclusion amount in effect for such preceding calendar period had been the applicable exclusion amount in effect for the calendar year for which the tax is being computed and the modifications described in subsection (g) had been applicable for such preceding calendar period.
 (2)LimitationThe aggregate amount of gifts made in any applicable preceding calendar period to which the reduction under paragraph (1) applies shall not exceed the excess of—
 (A)the applicable exclusion amount for such preceding calendar period, over (B)the applicable exclusion amount for the calendar year for which the tax is being computed.
 (3)Applicable preceding calendar year periodThe term applicable preceding calendar year period means any preceding calendar year period in which the applicable exclusion amount exceeded the applicable exclusion amount for the calendar year for which the tax is being computed.
 (4)Applicable exclusion amountThe term applicable exclusion amount means, with respect to any period, the amount determined under section 2010(c) for such period, except that in the case of any period for which such amount includes the deceased spousal unused exclusion amount (as defined in section 2010(c)(4)), such term shall mean the basic exclusion amount (as defined under section 2010(c)(3), as in effect for such period)..
 (c)Effective dateThe amendments made by this section shall apply to estates of decedents dying, and generation-skipping transfers and gifts made, after December 31, 2015.
			3.Modification of rules for value of certain farm, etc., real property
 (a)In generalSection 2032A(a)(2) of the Internal Revenue Code of 1986 is amended by striking $750,000 and inserting $3,000,000. (b)Inflation adjustmentSection 2032A(a)(3) of such Code is amended—
 (1)by striking 1998 and inserting 2015, (2)by striking $750,000 and inserting $3,000,000 in subparagraph (A), and
 (3)by striking calendar year 1997 and inserting calendar year 2014 in subparagraph (B). (c)Effective dateThe amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2015.
			4.Modification of estate tax rules with respect to land subject to conservation easements
 (a)Modification of exclusion limitationSection 2031(c)(1) of the Internal Revenue Code of 1986 is amended by striking all that follows subparagraph (A) and inserting the following:

 (B)$2,000,000.. (b)Modification of applicable percentageSection 2031(c)(2) of such Code is amended by striking 40 percent and inserting 60 percent.
 (c)Effective dateThe amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2015.
			5.Consistent basis reporting between estate and person acquiring property from decedent
			(a)Consistent use of basis
 (1)Property acquired from a decedentSection 1014 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

						(f)Basis must be consistent with estate tax return
 (1)In generalFor purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 11.
 (2)Special rule where no final determinationIn any case in which the final value of property has not been determined under chapter 11 and there has been a statement furnished under section 6035(a), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on any statement furnished under section 6035(a).
 (3)RegulationsThe Secretary may by regulations provide exceptions to the application of this subsection.. (2)Property acquired by gifts and transfers in trustSection 1015 of such Code is amended by adding at the end the following new subsection:

						(f)Basis must be consistent gift tax return
 (1)In generalFor purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 12.
 (2)Special rule where no final determinationIn any case in which the final value of property has not been determined under chapter 12 and there has been a statement furnished under section 6035(b), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on any statement furnished under section 6035(b).
 (3)RegulationsThe Secretary may by regulations provide exceptions to the application of this subsection.. (b)Information reporting (1)In generalSubpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after section 6034A the following new section:

						6035.Basis information to persons acquiring property from decedent or by gift
							(a)Information with respect to property acquired from decedents
 (1)In generalThe executor of any estate required to file a return under section 6018(a) shall furnish to the Secretary and to each person acquiring any interest in property included in the decedent's gross estate for Federal estate tax purposes a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe.
 (2)Statements by beneficiariesEach person required to file a return under section 6018(b) shall furnish to the Secretary and to each other person who holds a legal or beneficial interest in the property to which such return relates a statement identifying the information described in paragraph (1).
								(3)Time for furnishing statement
 (A)In generalEach statement required to be furnished under paragraph (1) or (2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of—
 (i)the date which is 30 days after the date on which the return under section 6018 was required to be filed (including extensions, if any), or
 (ii)the date which is 30 days after the date such return is filed. (B)AdjustmentsIn any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) or (2) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made.
									(b)Information with respect to property acquired by gift
 (1)In generalEach person making a transfer by gift who is required to file a return under section 6019 with respect to such transfer shall furnish to the Secretary and to each person acquiring any interest in property by reason of such transfer a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe.
								(2)Time for furnishing statement
 (A)In generalEach statement required to be furnished under paragraph (1) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of—
 (i)the date which is 30 days after the date on which the return under section 6019 was required to be filed (including extensions, if any), or
 (ii)the date which is 30 days after the date such return is filed. (B)AdjustmentsIn any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made.
 (c)RegulationsThe Secretary shall prescribe such regulations as necessary to carry out this section, including regulations relating to—
 (1)the application of this section to property with regard to which no estate or gift tax return is required to be filed, and
 (2)situations in which the surviving joint tenant or other recipient may have better information than the executor regarding the basis or fair market value of the property..
				(2)Penalty for failure to file
 (A)ReturnSection 6724(d)(1) of such Code is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and, and by inserting after subparagraph (C) the following new subparagraph:

 (D)any statement required to be filed with the Secretary under section 6035.. (B)StatementSection 6724(d)(2) of such Code is amended by striking or at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH) and inserting , or, and by inserting after subparagraph (HH) the following new subparagraph:

 (II)section 6035 (other than a statement described in paragraph (1)(D)).. (3)Clerical amendmentThe table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6034A the following new item:

							Sec. 6035. Basis information to persons acquiring property from decedent or by gift..
				(c)Penalty for inconsistent reporting
 (1)In generalSection 6662(b) of such Code is amended by inserting after paragraph (7) the following new paragraph:

 (8)Any inconsistent estate or gift basis.. (2)Inconsistent basis reportingSection 6662 of such Code is amended by adding at the end the following new subsection:

 (k)Inconsistent estate or gift basis reportingFor purposes of this section, the term inconsistent estate or gift basis means the portion of the understatement which is attributable to— (1)in the case of property acquired from a decedent, a basis determination with respect to such property which is not consistent with the value of such property as determined under section 1014(f), and
 (2)in the case of property acquired by gift, a basis determination with respect to such property which is not consistent with the value of such property as determined under section 1015(f)..
 (d)Effective dateThe amendments made by this section shall apply to transfers for which returns are filed after the date of the enactment of this Act.
			6.Valuation rules for certain transfers of nonbusiness assets; limitation on minority discounts
 (a)In generalSection 2031 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections:

 (d)Valuation rules for certain transfers of nonbusiness assetsFor purposes of this chapter and chapter 12— (1)In generalIn the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)—
 (A)the value of any nonbusiness assets held by the entity with respect to such interest shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and
 (B)such nonbusiness assets shall not be taken into account in determining the value of the interest in the entity.
 (2)Nonbusiness assetsFor purposes of this subsection— (A)In generalThe term nonbusiness asset means any asset which is not used in the active conduct of 1 or more trades or businesses.
 (B)Exception for certain passive assetsExcept as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless—
 (i)the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or
 (ii)the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii).
								For purposes of clause (ii), material participation shall be determined under the rules of section
			 469(h), except that section 469(h)(3) shall be applied without regard to
 the limitation to farming activity.(C)Exception for working capitalAny asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business.
 (3)Passive assetFor purposes of this subsection, the term passive asset means any— (A)cash or cash equivalents,
 (B)except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity,
 (C)evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative,
 (D)asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), (E)annuity,
 (F)real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)),
 (G)asset (other than a patent, trademark, or copyright) which produces royalty income, (H)commodity,
 (I)collectible (within the meaning of section 401(m)), or (J)any other asset specified in regulations prescribed by the Secretary.
							(4)Look-thru rules
 (A)In generalIf a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity.
 (B)10-percent interestThe term 10-percent interest means— (i)in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation,
 (ii)in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and
 (iii)in any other case, ownership of at least 10 percent of the beneficial interests in the entity. (5)Coordination with subsection (b)Subsection (b) shall apply after the application of this subsection.
 (e)Limitation on minority discountsFor purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferor, the transferee, and members of the family (as defined in section 2032A(e)(2)) of the transferor and transferee—
 (1)have control of such entity, or (2)own the majority of the ownership interests (by value) in such entity..
 (b)Effective dateThe amendments made by this section shall apply to transfers after the date of the enactment of this Act.
			7.Required minimum 10-year term, etc., for grantor retained annuity trusts
 (a)In generalSection 2702(b) of the Internal Revenue Code of 1986 is amended— (1)by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right;
 (2)by striking For purposes of and inserting the following:  (1)In generalFor purposes of;
 (3)by striking paragraph (1) or (2) in paragraph (1)(C) (as so redesignated) and inserting subparagraph (A) or (B); and (4)by adding at the end the following new paragraph:

 (2)Additional requirements with respect to grantor retained annuitiesFor purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if—
 (A)the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years,
 (B)such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and
 (C)the remainder interest has a value equal to or greater than 10 percent of the value of the assets transferred to the trust, determined as of the time of the transfer..
 (b)Effective dateThe amendments made by this section shall apply to transfers made after the date of the enactment of this Act.
			8.Certain transfer tax rules applicable to grantor trusts
 (a)In generalSubtitle B of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:

					16Special rules for grantor trusts

							Sec. 2901. Application of transfer taxes.
						2901.Application of transfer taxes
 (a)In generalIn the case of any portion of a trust to which this section applies— (1)the value of the gross estate of the deceased deemed owner of such portion shall include all assets attributable to that portion at the time of the death of such owner,
 (2)any distribution from such portion to one or more beneficiaries during the life of the deemed owner of such portion shall be treated as a transfer by gift for purposes of chapter 12, and
 (3)if at any time during the life of the deemed owner of such portion, such owner ceases to be treated as the owner of such portion under subpart E of part 1 of subchapter J of chapter 1, all assets attributable to such portion at such time shall be treated for purposes of chapter 12 as a transfer by gift made by the deemed owner.
 (b)Portion of trust to which section appliesThis section shall apply to— (1)the portion of a trust with respect to which the grantor is the deemed owner, and
 (2)the portion of the trust to which a person who is not the grantor is a deemed owner by reason of the rules of subpart E of part 1 of subchapter J of chapter 1, and such deemed owner engages in a sale, exchange, or comparable transaction with the trust that is disregarded for purposes of subtitle A.
								For purposes of paragraph (2), the portion of the trust described with respect to a transaction is
			 the portion of the trust attributable to the property received by the
			 trust in such transaction, including all retained income therefrom,
			 appreciation thereon, and reinvestments thereof, net of the amount of
 consideration received by the deemed owner in such transaction.(c)ExceptionsThis section shall not apply to— (1)any trust that is includible in the gross estate of the deemed owner (without regard to subsection (a)(1)), and
 (2)any other type of trust that the Secretary determines by regulations or other guidance does not have as a significant purpose the avoidance of transfer taxes.
 (d)Deemed owner definedFor purposes of this section, the term deemed owner means any person who is treated as the owner of a portion of a trust under subpart E of part 1 of subchapter J of chapter 1.
 (e)Reduction for taxable gifts to trust made by ownerThe amount to which subsection (a) applies shall be reduced by the value of any transfer by gift by the deemed owner to the trust previously taken into account by the deemed owner under chapter 12.
 (f)Liability for payment of taxAny tax imposed pursuant to subsection (a) shall be a liability of the trust.. (b)Clerical amendmentThe table of chapters for subtitle B of such Code is amended by adding at the end the following new item:

						Chapter 16. special rules for grantor trusts.
 (c)Effective dateThe amendments made by this section shall apply— (1)to trusts created on or after the date of the enactment of this Act,
 (2)to any portion of a trust established before the date of the enactment of this Act which is attributable to a contribution made on or after such date, and
 (3)to any portion of a trust established before the date of the enactment of this Act to which section 2901(a) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies by reason of a transaction described in section 2901(b)(2) of such Code on or after such date.
				9.Elimination of generation-skipping transfer tax exemption for certain trusts
 (a)In generalSection 2642 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

					(h)Elimination of GST exemption for certain trusts
						(1)In general
 (A)Transfers from non-qualifying trustsIn the case of any generation-skipping transfer made from a trust that is not a qualifying trust, the inclusion ratio with respect to any property transferred in such transfer shall be 1.
 (B)Qualifying trustFor purposes of this subsection, the term qualifying trust means a trust for which the date of termination of such trust is not greater than 50 years after the date on which such trust is created.
 (2)Trusts created before date of enactmentIn the case of any trust created before the date of the enactment of this subsection, such trust shall be deemed to be a qualifying trust for a period of 50 years after the date of the enactment of this subsection.
 (3)Date of creation of certain deemed separate trustsIn the case of any portion of a trust which is treated as a separate trust under section 2654(b)(1), such separate trust shall be treated as created on the date of the first transfer described in such section with respect to such separate trust.
 (4)Date of creation of pour-over trustsIn the case of any generation-skipping transfer of property which involves the transfer of property from 1 trust to another trust, the date of the creation of the transferee trust shall be treated as being the earlier of—
 (A)the date of the creation of such transferee trust, or (B)the date of the creation of the transferor trust.
								In the case of multiple transfers to which the preceding sentence applies, the date of the creation
			 of the transferor trust shall be determined under the preceding sentence
			 before the application of the preceding sentence to determine the date of
 the creation of the transferee trust.(5)RegulationsThe Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection..
 (b)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act. 10.Simplifying gift tax exclusion for annual gifts (a)In generalSection 2503(b)(1) of the Internal Revenue Code of 1986 is amended to read as follows:

					(1)In general
 (A)Limit per doneeIn the case of gifts made to any person by the donor during the calendar year, the first $10,000 of such gifts to such person shall not, for purposes of subsection (a), be included in the total amount of gifts made during such year.
						(B)Cumulative limit per donor
 (i)In generalThe aggregate amount excluded under subparagraph (A) with respect to all transfers described in clause (ii) made by the donor during the calendar year shall not exceed twice the dollar amount in effect under such subparagraph for such calendar year.
 (ii)Transfers subject to limitationThe transfers described in this clause are— (I)a transfer in trust,
 (II)a transfer of an interest in a passthrough entity, (III)a transfer of an interest subject to a prohibition on sale, and
 (IV)any other transfer of property that, without regard to withdrawal, put, or other such rights in the donee, cannot immediately be liquidated by the donee..
 (b)Conforming amendmentSection 2503 of the Internal Revenue Code of 1986 is amended by striking subsection (c). (c)RegulationsThe Secretary of the Treasury, or the Secretary of the Treasury's delegate, may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the amendments made by this section.
 (d)Effective dateThe amendments made by this section shall apply to any calendar year beginning after the date of the enactment of this Act.


114 S2751 IS: Support Startup Businesses Act of 2016
U.S. Senate
2016-04-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS2d Session
		S. 2751
		IN THE SENATE OF THE UNITED STATES

			April 6, 2016
			Mr. Coons (for himself, Mr. Gardner, and Mrs. Gillibrand) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship

		A BILL
		To create a pilot program permitting businesses receiving Phase II awards under the SBIR program to
			 use not more than 5 percent of the amount of the award for
			 commercialization-related services.

 1.Short titleThis Act may be cited as the Support Startup Businesses Act of 2016. 2.Commercialization-related services pilot programSection 9 of the Small Business Act (15 U.S.C. 638) is amended by adding at the end the following:

				(tt)Commercialization-Related services pilot program
 (1)DefinitionIn this subsection, the term commercialization-related services includes market validation, intellectual property protection, business model development, market research, and other reasonable services that support market entry.
 (2)ProgramDuring each of fiscal years 2017, 2018, and 2019, a small business concern receiving a Phase II award under the SBIR program may use not more than 5 percent of the amount of the award for commercialization-related services, which may be performed directly by the small business concern or obtained from another entity, such as a public or private nonprofit organization or an agency of or other entity established or funded by a State that facilitates or accelerates the commercialization of technologies or assists in the creation and growth of private enterprises that are commercializing technology.
 (3)Annual reportingA small business concern that uses amounts under a Phase II award as described in paragraph (2) during a fiscal year shall submit to the Federal agency making the award a report describing the use of such amounts during such fiscal year.
 (4)ReviewNot later than the end of fiscal year 2019, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report reviewing the efficacy of the pilot program under this subsection..


116 SRES 805 ATS: Providing for staff transition for a Senator if the results of the election for an additional term of office of the Senator have not been certified.
U.S. Senate
2020-12-17
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.

III116th CONGRESS2d SessionS. RES. 805IN THE SENATE OF THE UNITED STATESDecember 17, 2020Mr. Blunt submitted the following resolution; which was considered and agreed toRESOLUTIONProviding for staff transition for a Senator if the results of the election for an additional term of office of the Senator have not been certified. 1.Staff transition if election results not certifiedSection 6 of Senate Resolution 458 (98th Congress), agreed to October 4, 1984, is amended—(1)in subsection (a)—(A)in paragraph (3)(A)—(i)in clause (i), by striking or at the end; (ii)in clause (ii)—(I)by striking but only; and(II)by adding or at the end; and(iii)by adding at the end the following: (iii)in an office of a Senator on the expiration of the term of office of such Senator as a Senator, if the Senator was a candidate in the general election for the next term of office and the office is not filled at the commencement of that next term,; and(B)in paragraph (4)—(i)in subparagraph (A)(ii), by striking paragraph (3)(A)(ii) and inserting clause (ii) or (iii) of paragraph (3)(A); and(ii)in subparagraph (B), by striking not later than 60 days after the date of the change or expiration of term of office, whichever is applicable, and inserting not later than 60 days after the date of the change for an eligible staff member described in clause (i) of paragraph (3)(A), or after the expiration of the term of office of the supervising Senator for an eligible staff member described in clause (ii) or (iii) of paragraph (3)(A),; (2)in subsection (c)(1)—(A)by striking not to exceed 60 days and inserting the following: “not to exceed—(A)in the case of a displaced staff member described in clause (i) or (ii) of subsection (a)(3)(A), 60 days; (B)by striking the period at the end and inserting , and; and(C)by adding at the end the following: (B)in the case of a displaced staff member described in clause (iii) of subsection (a)(3)(A), the earliest of—(i)60 days following the staff member’s date of termination;(ii)the date the staff member becomes otherwise gainfully employed; or(iii)if the supervising Senator qualifies for the next term of office as a Senator not later than 60 days after the staff member’s date of termination, the date of such qualification.; (3)by redesignating subsection (d) as subsection (e); and(4)by inserting after subsection (c) the following: (d)(1)Each displaced staff member described in clause (iii) of subsection (a)(3)(A) may, with the approval, direction, and supervision of the Secretary of the Senate, perform limited duties such as archiving and transferring case files.(2)With respect to a Senator who was a candidate in the general election for the next term of office and for which the office is not filled at the commencement of that next term, during the 60-day period beginning on the first day of that next term of office, the official office and State office expenses relating to—(A)archiving and transferring case files of the Senator, with prior approval by and upon vouchers approved and obligated by the Secretary of the Senate; and(B)rent for office space upon vouchers approved and obligated by the Sergeant at Arms and Doorkeeper of the Senate,shall be paid from the account for Miscellaneous Items within the contingent fund of the Senate..


116 HRES 766 IH: Censuring President Donald J. Trump.
U.S. House of Representatives
2019-12-17
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
		116th CONGRESS
		1st Session
		H. RES. 766
		IN THE HOUSE OF REPRESENTATIVES

			December 17, 2019
			Ms. Gabbard submitted the following resolution; which was referred to the Committee on the Judiciary

		RESOLUTION
		Censuring President Donald J. Trump.

 Whereas in his conduct of the office of President of the United States—and in violation of his constitutional oath faithfully to execute the office of the President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed—Donald J. Trump, acting both directly and through his agents within and outside the United States Government, abused the powers of the Presidency for his own personal political gain;
 Whereas President Trump, using the powers of his high office, solicited the interference of Ukraine in the 2020 United States Presidential election;
 Whereas President Trump conducted a scheme or course of conduct that included soliciting the Government of Ukraine to investigate his political rival, former Vice President Joseph R. Biden, Jr.;
 Whereas President Trump abused the powers of the Presidency by ignoring or injuring vital national interests to obtain an improper personal political benefit and betrayed the Nation by abusing his high office to enlist a foreign power in interfering with democratic elections;
 Whereas President Trump used the powers of the Presidency to undermine the integrity of the United States democratic process, thereby ignoring and injuring the interests of the Nation;
 Whereas President Trump has demonstrated that he has acted in a manner grossly incompatible with self-governance and the rule of law; and
 Whereas President Trump has acted in a manner contrary to the trust voters placed in him as President, to the great prejudice of the cause of law and justice, and to the manifest injury of the people of the United States: Now, therefore, be it

 That the House of Representatives— (1)censures President Donald J. Trump for actions taken by the President as outlined in this resolution, which constitute a willful abuse of power;
 (2)censures President Donald J. Trump for putting his personal political interests before those of the American people in a manner that undermines the integrity of the United States democratic process;
 (3)calls on President Donald J. Trump to refrain from any conduct that invites foreign interference in United States elections or undermines United States Government investigations into foreign interference;
 (4)calls on President Donald J. Trump and the executive branch of government to respect the constitutionally defined separation of powers;
 (5)strongly urges President Donald J. Trump to uphold his oath of office as established by the Constitution of the United States and fulfill his constitutional responsibilities to the American people; and
 (6)calls on President Donald J. Trump to acknowledge and admit wrongdoing as outlined in this resolution and apologize to the American people.


116 HR 5111 IH: Notify Officials To Inform Fully and Impel Educated Decisions Act
U.S. House of Representatives
2019-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5111IN THE HOUSE OF REPRESENTATIVESNovember 14, 2019Ms. Speier (for herself, Mr. Case, Ms. Norton, Ms. Schakowsky, Mr. Panetta, Mr. Quigley, Mr. Rouda, Ms. Lee of California, Mr. Suozzi, Mr. Raskin, Ms. Eshoo, Mr. Smith of Washington, and Mr. Neguse) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo require the Administrator of the Federal Aviation Administration to notify the public of
			 proposed new Performance Based Navigation Implementation Process flight
			 procedures, and for other purposes.

 1.Short titleThis Act may be cited as the Notify Officials To Inform Fully and Impel Educated Decisions Act or the NOTIFIED Act. 2.FAA outreach to community and elected officials when proposing new or modified flight procedures (a)In generalIn order to avoid having to subsequently modify products and services developed as a part of the NextGen Performance Based Navigation (PBN) Implementation Process—FAA Order JO7100.41A, the Administrator of the Federal Aviation Administration shall comply with the requirements of this section.
 (b)Notification to officialsThe Administrator shall notify the public of any proposed new PBN flight procedure or flight procedure change affecting airspace at altitudes below 18,000 feet. This notification shall be made not later than 30 days after the date of the entry of the procedure into the FAA Performance Based Navigation IFP Gateway to the elected governing body of each of the cities and counties within 5 miles of such a proposed new or modified flight procedure, to any Member of Congress whose district is within 5 miles of such a proposed new or modified flight procedure, and to any Aviation Roundtable whose jurisdictional area is within 5 miles of such a proposed new or modified flight procedure.
 (c)Notification contentsNotification shall be made with sufficient specificity for an official to determine if such new or modified flight procedure being processed is likely to affect constituents of such official and shall include—
 (1)name of flight procedure; (2)name of the proponent of the flight procedure;
 (3)whether the flight procedure is a new or modified procedure and, if modified, the changes being proposed;
 (4)name of existing procedure if the procedure substantially replaces an existing procedure; (5)approximate flight path including latitude and longitude of the proposed procedure overlaid on a satellite map such as Google Earth or similar;
 (6)approximate altitudes of proposed flight path; and (7)contact person to provide additional information.
 (d)DefinitionsIn this section, the following definitions apply: (1)Aviation RoundtableThe term Aviation Roundtable means an organization designed to address community concerns over a sustained period of time regarding aircraft operations often associated with a nearby airport.
 (2)FAA Order JO7100.41AThe term FAA Order JO7100.41A means FAA Order JO7100.41A and any other successor versions of such Order. (3)Flight procedureThe term flight procedure means a preplanned Instrument Flight Rules (IFR) procedure published for pilot use, in graphic or textual format, that provides obstruction clearance from the terminal area to the en route structure (departure) or from the en route structure to the terminal area (arrival).
 (4)IFPThe term IFP means instrument flight procedure. (5)Instrument Flight Procedures GatewayThe term Instrument Flight Procedures Gateway means a centralized instrument flight procedures data portal providing, among others, current IFPs under Development or Amendments with Tentative Publication Date and Status.
 (6)Elected governing bodyThe term elected governing body means a municipal body having legislative and administrative powers, such as passing ordinances and appropriating funds, such as a City Council, Town Council, County Board of Supervisors, or similar.
 (7)PBNThe term PBN means performance based navigation.


113 S1714 IS: Syria Sanctions Enhancement Act of 2013
U.S. Senate
2013-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II113th CONGRESS1st SessionS. 1714IN THE SENATE OF THE UNITED STATESNovember 14, 2013Mr. Blumenthal (for himself, Ms. Ayotte, Mr. Cornyn, and Mr. Casey) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo impose sanctions with respect to Syria, to expand existing sanctions with respect to Syria, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the
		  Syria Sanctions Enhancement Act of 2013.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Definitions.TITLE I—Imposition of sanctions with respect to senior officials of the Government of Syria and persons that conduct certain transactions with SyriaSec. 101. Imposition of sanctions with respect to senior officials of the Government of Syria.Sec. 102. Imposition of penalties with respect to United States persons that conduct certain transactions with respect to Syria.Sec. 103. Applicability to contracts and other agreements.TITLE II—Modification of sanctions with respect to human rights abuses in SyriaSec. 201. Modification of list of persons responsible for or complicit in human rights abuses committed against citizens of Syria or their family members.Sec. 202. Modification of imposition of sanctions with respect to the transfer of goods or technologies to Syria that are likely to be used to commit human rights abuses.TITLE III—Imposition of sanctions to prevent the development of weapons capabilities of Syria Sec. 301. Declaration of policy.Sec. 302. Multilateral regime.Sec. 303. Imposition of sanctions with respect to development of weapons of mass destruction or other military capabilities by Syria.Sec. 304. Imposition of sanctions with respect to exportation of defense articles to Syria.Sec. 305. Additional mandatory sanctions relating to transfer of nuclear technology.Sec. 306. Imposition of sanctions with respect to provision of training to military or paramilitary forces of the Government of Syria.Sec. 307. Imposition of sanctions with respect to exportation of refined petroleum products to Syria.Sec. 308. Sanctioned persons.Sec. 309. Waiver.Sec. 310. Description of sanctions.Sec. 311. Additional measure relating to government contracts.TITLE IV—Imposition of sanctions with respect to financial institutions that engage in certain transactions with SyriaSec. 401. Imposition of sanctions with respect to financial institutions that engage in certain transactions with Syria.TITLE V—General provisionsSec. 501. Report on military capabilities of Government of Syria.Sec. 502. Reports on identification of Syrian assets.Sec. 503. Termination of sanctions.2.DefinitionsIn this Act:(1)Account; correspondent account; payable-through accountThe terms account, correspondent account, and payable-through account have the meanings given those terms in section 5318A of title 31, United States Code.(2)Agricultural commodityThe term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602).(3)Appropriate
			 congressional committeesThe term appropriate congressional
			 committees means—(A)the Committee on
			 Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of
			 the Senate; and(B)the Committee on
			 Financial Services and the Committee on Foreign Affairs of the House of
			 Representatives.(4)Component
			 partThe term component part has the meaning given
			 that term in section 11A(e)(1) of the Export Administration Act of 1979 (50
			 U.S.C. App. 2410a(e)(1)) (as in effect pursuant to the International Emergency
			 Economic Powers Act (50 U.S.C. 1701 et seq.)).(5)Financial
			 institutionThe term financial institution has the
			 meaning given that term in section 14 of the Iran Sanctions of 1996 (Public Law
			 104–172; 50 U.S.C. 1701 note).(6)Finished
			 productThe term finished product has the meaning
			 given that term in section 11A(e)(2) of the Export Administration Act of 1979
			 (50 U.S.C. App. 2410a(e)(2)) (as in effect pursuant to the International
			 Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)).(7)Foreign financial institution; domestic financial institutionThe terms foreign financial institution and domestic financial institution shall have the meanings of those terms as determined by the Secretary of the Treasury.(8)Foreign
			 personThe term foreign person means an individual
			 or entity that is not a United States person.(9)Good and
			 technologyThe terms good and
			 technology have the meanings given those terms in section 16 of
			 the Export Administration Act of 1979 (50 U.S.C. App. 2415) (as in effect
			 pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et
			 seq.)).(10)Government of
				SyriaThe term Government of Syria—(A)means the
				Government of Syria on the date of the enactment of this Act, including any agency or instrumentality of that Government,
				any entity controlled by that Government, and the Central Bank of Syria;
				and(B)does not include
				a successor government of Syria.(11)KnowinglyThe term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge, or should have known, of the conduct, the circumstance, or the result.(12)Medical deviceThe term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).(13)MedicineThe term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321).(14)Money launderingThe term money laundering means the movement of illicit cash or cash equivalent proceeds into, out of, or through a country, or into, out of, or through a financial institution.(15)PersonThe term  person means an individual or entity.(16)ServicesThe term services includes software, hardware, financial, professional consulting, engineering, and specialized energy information services, energy-related technical assistance, and maintenance and repairs.(17)Successor
				government of SyriaThe term successor government of
				Syria means a successor government to the Government of Syria that is recognized as the legitimate governing
				authority of Syria by the Government of the United States.(18)United States personThe term United States person means—(A)a United States
			 citizen or an alien lawfully admitted for permanent residence to the United
			 States; and(B)an entity
			 organized under the laws of the United States or of any jurisdiction within the
			 United States, including a foreign branch of such an entity.IImposition of sanctions with respect to senior officials of the Government of Syria and persons that conduct certain transactions with Syria101.Imposition of sanctions with respect to senior officials of the Government of Syria(a)Identification
				of persons(1)In
				generalNot later than 60 days after the date of the enactment of
				this Act, and every 60 days thereafter, the President shall submit
				to the appropriate congressional committees a list of persons the President
				determines—(A)are senior officials of the Government of Syria;(B)have provided support to or received support from a senior official of that Government;(C)has acted or purported to act, directly or indirectly, for or on behalf of a senior official of that Government; or(D)is owned or controlled, directly or indirectly, by a senior official of that Government.(2)Senior officialsIn making the determination required by paragraph (1)(A), the President shall consider the following individuals to be senior officials of the Government of Syria:(A)President Bashar al-Assad.(B)The Vice President of that Government.(C)Any member of the cabinet of that Government.(D)The head or heads of the National Progressive Front.(E)Any senior leader of—(i)the Syrian Arab Army;(ii)the Syrian Arab Navy;(iii)the Syrian Arab Air Force;(iv)the Syrian Arab Air Defense Force; or(v)any other military or paramilitary force that has taken up arms on behalf of that Government.(3)Support to or from senior officialsIn making the determination required by paragraph (1)(B), the President shall consider the following persons to have provided support to or received support from a senior official of the Government of Syria:(A)Any person that has materially assisted, sponsored, or provided goods, services, or financial, material, or technological support to or for the benefit of an individual the President has determined under paragraph (1)(A) to be a senior official of that Government.(B)Any person that has received any funds, goods, or services from an individual the President has determined under paragraph (1)(A) to be a senior official of that Government.(b)Blocking of
				propertyThe President shall block and prohibit any transaction
				in property and interests in property of any person on the list required by
				subsection (a)(1) if such property and interests in property are in the United
				States, come within the United States, or are or come within the possession or
				control of a United States person.(c)Humanitarian
				exceptionThe President may not impose sanctions under this
				section with respect to any person for the provision of agricultural
				commodities, food, medicine, or medical devices to Syria or the provision of
				humanitarian assistance to the people of Syria.(d)Exception for support To dismantle chemical weapons programThe President may not impose sanctions under this section with respect to any person for the provision of support in the process of dismantling the chemical weapons program of Syria.(e)Waiver(1)In
				generalThe President may waive the imposition of sanctions under
				this section for a period of not more than 180 days, and may renew that waiver
				for additional periods of not more than 90 days, if the President—(A)determines that
				such a waiver is vital to the national security of the United States;
				and(B)submits to the
				appropriate congressional committees a report providing a justification for the
				waiver.(2)Form of
				reportEach report submitted under paragraph (1)(B) shall be
				submitted in unclassified form, but may include a classified
				annex.102.Imposition of penalties with respect to United States persons that conduct certain transactions with respect to Syria(a)In generalThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply, to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act, to a United States person that—(1)violates, attempts to violate, conspires to violate, or causes a violation of section 101 or regulations prescribed under section 101;(2)conducts investment activities in Syria on or after the date of the enactment of this Act;(3)exports, reexports, sells, or supplies, directly or indirectly, a service from the United States to the Government of Syria;(4)conducts a transaction with respect to petroleum or petroleum products of Syrian origin; or(5)approves, finances, facilitates, or guarantees a transaction by a foreign person that would be prohibited under this section if conducted by a United States person.(b)Investment activities definedIn this section, the term investment activities means—(1)an investment of more than $100 in the aggregate in the economy of Syria in—(A)the financial or banking sector;(B)the military or defense sector;(C)the law enforcement sector; or(D)the energy sector; or(2)a transfer of any amount to Bashar al-Assad or any person acting
				or purporting to act, directly or indirectly, for or on behalf of Bashar al-Assad.103.Applicability to contracts and other agreementsThe blocking of property under section 101(b) and the penalties under section 102 shall apply to contracts or other agreements entered into on or after December 1, 2013.IIModification of sanctions with respect to human rights abuses in Syria201.Modification of list of persons responsible for or complicit in human rights abuses committed against citizens of Syria or their family members(a)In generalSection 702(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8791(b)(1)) is amended to read as follows:(1)In generalNot later than 120 days after the date of the enactment of the Syria Sanctions Enhancement Act of 2013, the President shall submit to the appropriate congressional committees a list of the following persons:(A)Any person that the President determines, based on credible evidence, is responsible for or complicit in, or responsible for ordering, controlling, or otherwise directing, the commission of serious human rights abuses, including repression, against citizens of Syria or their family members, regardless of whether those abuses occurred in Syria.(B)A senior official or senior officer of a person described in subparagraph (A).(C)Any person that has materially assisted, sponsored, or provided goods, services, or financial, material, or technological support to a person—(i)described in subparagraph (A); or(ii)with respect to which sanctions have been imposed pursuant to Executive Order 13338 or Executive Order 13460 (50 U.S.C. 1701 note; relating to blocking property of certain persons and prohibiting the export of certain goods to Syria).(D)Any person owned
				or controlled, directly or indirectly, by a person with respect to which sanctions have been imposed pursuant to Executive Order 13460.(E)Any person acting
				or purporting to act, directly or indirectly, for or on behalf of a person with respect to which sanctions have been imposed
pursuant to Executive Order 13460..(b)UpdateSection 702(b)(2) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8791(b)(2)) is amended by striking enactment of this Act and inserting enactment of the Syria Sanctions Enhancement Act of 2013.(c)Transition ruleThe President shall submit any list required to be submitted before the date that is 120 days after the date of the enactment of this Act by subsection (b) of section 702 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8791), as in effect on the day before such date of enactment, in accordance with the provisions of such section 702.202.Modification of imposition of sanctions with respect to the transfer of goods or technologies to Syria that are likely to be used to commit human rights abuses(a)Persons against which sanctions are imposedSection 703(a)(2) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(a)(2)) is amended—(1)in subparagraph (B), by striking ; or and inserting a semicolon;(2)in subparagraph (C), by striking the period at the end and inserting a semicolon; and(3)by adding at the end the following:(D)has acted for or on behalf of a person on the list, if the person that acted for or on behalf of  the person on the list knowingly engaged in the activity described in subsection (b)(2) for which the person was included in the list; or(E)has materially assisted, sponsored, or provided goods, services, or financial, material, or technological support to a person on the list, if the person that assisted, sponsored, or provided goods, services, or support had actual knowledge or should have known that the person on the list engaged in the activity described in subsection (b)(2) for which the person was included in the list..(b)Activity describedSection 703(b)(2)(A) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(2)(A)) is amended—(1)in clause (i), by striking ; or and inserting a semicolon;(2)in clause (ii), by striking the period at the end and inserting ; or; and(3)by adding at the end the following:(iii)operates or directs the operation of goods or technologies described in subparagraph (C)(ii)..(c)Submission dateSection 703(b)(1) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(1)) is amended by striking enactment of this Act and inserting enactment of the Syria Sanctions Enhancement Act of 2013.(d)UpdateSection 703(b)(4) of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792(b)(4)) is amended by striking enactment of this Act and inserting enactment of the Syria Sanctions Enhancement Act of 2013.(e)Transition ruleThe President shall submit any list required to be submitted before the date that is 120 days after the date of the enactment of this Act by section 703 of the Iran Threat Reduction and Syria Human Rights Act of 2012 (22 U.S.C. 8792), as in effect on the day before such date of enactment, in accordance with the provisions of such section 703.IIIImposition of sanctions to prevent the development of weapons capabilities of Syria 301.Declaration of policyIt is the policy of the United States to prevent the massacre of the people of Syria by denying the Government of Syria the ability to develop and obtain weapons of mass destruction and conventional weapons and to use those and other weapons against the people of Syria.302.Multilateral regime(a)Multilateral negotiationsIn order to further the objective of section 301, Congress urges the President to commence immediately diplomatic efforts, both in appropriate international fora such as the United Nations, and bilaterally with allies of the United States, to establish a multilateral sanctions regime against Syria that will inhibit the efforts of the Government of Syria to develop and obtain conventional weapons and to use those and other weapons against the people of Syria.(b)Periodic reports to congress(1)In generalNot later than 60 days after the date of the enactment of this Act, and every 120 days thereafter, the President shall report to the appropriate congressional committees on the extent to which diplomatic efforts described in subsection (a) have been successful.(2)ContentsEach report required under paragraph (1) shall include the following:(A)The countries that have agreed to undertake measures to inhibit the efforts of the Government of Syria described in subsection (a), and a description of those measures.(B)The countries that have not agreed to measures described in subparagraph (A).(C)Other measures the President recommends that the United States take to inhibit the efforts of the Government of Syria described in subsection (a).(c)Investigations(1)In generalThe President shall initiate an investigation into the possible imposition of sanctions under section 303 or 304 against a person upon receipt by the United States of credible information indicating that such person is engaged in an activity described in such section.(2)Determination and notificationNot later than 180 days after an investigation is initiated in accordance with paragraph (1), and subject to paragraph (3), the President shall—(A)determine, pursuant to section 303 or 304, if a person has engaged in an activity described in that section; and(B)notify the appropriate congressional committees of the basis for any such determination.(3)Special ruleThe President is not required to initiate an investigation, and may terminate an investigation, under this subsection if the President certifies in writing to the appropriate congressional committees that—(A)the person whose activity was the basis for the investigation is no longer engaging in the activity or has taken significant verifiable steps toward stopping the activity; and(B)the President has received reliable assurances that the person will not knowingly engage in an activity described in section 303 or 304 in the future.303.Imposition of sanctions with respect to development of weapons of mass destruction or other military capabilities by Syria(a)Exports, transfers, and transshipmentsThe President shall impose 5 or more of the sanctions described in section 310 with respect to a person if the President determines that the person—(1)on or after the date of the enactment of this Act, exported or transferred, or permitted or otherwise facilitated the transshipment of, any goods, services, technology, or other items to any other person; and(2)knew or should have known that—(A)the export, transfer, or transshipment of the goods, services, technology, or other items would likely result in another person exporting, transferring, transshipping, or otherwise providing the goods, services, technology, or other items to Syria; and(B)the export, transfer, transshipment, or other provision of the goods, services, technology, or other items to Syria would contribute materially to the ability of the Government of Syria to—(i)acquire or develop chemical, biological, or nuclear weapons or related technologies; or(ii)acquire or develop conventional weapons that are intended to be used, or are actually used, against the people of Syria.(b)Rule of constructionNothing in this section shall prohibit the Government of the United States from transporting weapons and aid to forces opposing the Government of Syria.304.Imposition of sanctions with respect to exportation of defense articles to Syria(a)In generalThe President shall impose 5 or more of the sanctions described in section 310 with respect to a person if the President determines that the person—(1)sells or provides defense articles to the Government of Syria; or(2)sells, leases, or provides to the Government of Syria goods, services, technology, information, or support described in subsection (b).(b)Goods, services, technology, information, or support describedGoods, services, technology, information, or support described in this subsection are goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of the ability of the Government of Syria to import defense articles, including—(1)except as provided in subsection (c), underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, information, or support;(2)financing or brokering such sale, lease, or provision;(3)providing ships or shipping services to deliver defense articles to Syria;(4)bartering or contracting by which goods are exchanged for goods, including the insurance or reinsurance of such exchanges; or(5)purchasing, subscribing to, or facilitating the issuance of sovereign debt of the Government of Syria, including governmental bonds.(c)Exception for underwriters and insurance providers exercising due diligenceThe President may not impose sanctions under this section with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subsection (b).(d)Defense article definedIn this section, the term defense article has the meaning given that term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)).305.Additional mandatory sanctions relating to transfer of nuclear technology(a)In generalExcept as provided in subsections (b) and (c), in any case in which a person is subject to sanctions under section 303 or 304 because of an activity described in that section that relates to the acquisition or development of nuclear weapons or related technology or of missiles or advanced conventional weapons that are designed or modified to deliver a nuclear weapon, no license may be issued for the export, and no approval may be given for the transfer or retransfer, directly or indirectly, to the country the government of which has primary jurisdiction over the person, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation between the United States and that government.(b)ExceptionThe sanctions described in subsection (a) shall not apply with respect to a country the government of which has primary jurisdiction over a person that engages in an activity described in that subsection if the President determines and notifies the appropriate congressional committees that the government of the country—(1)does not know or have reason to know about the activity; or(2)has taken, or is taking, all reasonable steps necessary to prevent a recurrence of the activity and to penalize the person for the activity.(c)Individual approvalNotwithstanding subsection (a), the President may, on a case-by-case basis, approve the issuance of a license for the export, or approve the transfer or retransfer, of any nuclear material, facilities, components, or other goods, services, or technology that are or would be subject to an agreement for cooperation, to a person in a country to which subsection (a) applies (other than a person that is subject to the sanctions under section 303 or 304) if the President—(1)determines that such approval is vital to the national security interests of the United States; and(2)not later than 15 days before issuing such license or approving such transfer or retransfer, submits to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the justification for approving such license, transfer, or retransfer.(d)ConstructionThe sanctions described in subsection (a) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) and other related laws.(e)Agreement for cooperation definedIn this section, the term agreement for cooperation has the meaning given that term in section 11(b) of the Atomic Energy Act of 1954 (42 U.S.C. 2014(b)).306.Imposition of sanctions with respect to provision of training to military or paramilitary forces of the Government of SyriaThe President shall impose 5 or more of the sanctions described in section 310 with respect to a person if the President determines that the person knowingly engages in an activity that provides training to the military or paramilitary forces of the Government of Syria.307.Imposition of sanctions with respect to exportation of refined petroleum products to Syria(a)In generalThe President shall impose 5 or more of the sanctions described in section 310 with respect to a person if the President determines that the person knowingly—(1)sells or provides to the Government of Syria refined petroleum products—(A)that have a fair market value of $1,000,000 or more; or(B)that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more; or(2)sells, leases, or provides to the Government of Syria goods, services, technology, information, or support described in subsection (b)—(A)any of which has a fair market value of $1,000,000 or more; or(B)that, during a 12-month period, have an aggregate fair market value of $5,000,000 or more.(b)Goods, services, technology, information, or support describedGoods, services, technology, information, or support described in this subsection are goods, services, technology, information, or support that could directly and significantly contribute to the enhancement of the ability of the Government of Syria to import refined petroleum products, including—(1)except as provided in subsection (c), underwriting or entering into a contract to provide insurance or reinsurance for the sale, lease, or provision of such goods, services, technology, information, or support;(2)financing or brokering such sale, lease, or provision;(3)providing ships or shipping services to deliver refined petroleum products to Syria;(4)bartering or contracting by which goods are exchanged for goods, including the insurance or reinsurance of such exchanges; or(5)purchasing, subscribing to, or facilitating the issuance of sovereign debt of the Government of Syria, including governmental bonds.(c)Exception for underwriters and insurance providers exercising due diligenceThe President may not impose sanctions under this paragraph with respect to a person that provides underwriting services or insurance or reinsurance if the President determines that the person has exercised due diligence in establishing and enforcing official policies, procedures, and controls to ensure that the person does not underwrite or enter into a contract to provide insurance or reinsurance for the sale, lease, or provision of goods, services, technology, information, or support described in subsection (b).308.Sanctioned persons(a)In generalThe sanctions described in sections 303, 304, 305, 306, and 307 shall be imposed with respect to—(1)any person the President determines has carried out an activity described in any such section; and(2)any person that—(A)is a successor entity to the person referred to in paragraph  (1);(B)owns or controls the person referred to in paragraph  (1), if the person that owns or controls the person referred to in paragraph  (1) had actual knowledge or should have known that the person referred to in paragraph  (1) engaged in the activity referred to in that paragraph; or(C)is owned or controlled by, or under common ownership or control with, the person referred to in paragraph  (1), if the person owned or controlled by, or under common ownership or control with (as the case may be), the person referred to in paragraph  (1) knowingly engaged in the activity referred to in that paragraph.(b)Sanctioned
			 person definedIn this title, the term sanctioned
			 person means any person described in subsection (a).309.Waiver(a)In generalExcept as provided in subsection (b), the President may, on a case by case basis, waive for a period of not more than 180 days the application of section 303, 304, 305, 306, or 307 with respect to a person if the President certifies to the appropriate congressional committees at least 30 days before the waiver is to take effect that the waiver is vital to the national security interests of the United States.(b)ExceptionThe President may not waive the application  of section 303 with respect to a person for the provision of goods, services, technology, or other items to Syria that would contribute materially to the ability of the Government of Syria to acquire or develop chemical, biological, or nuclear weapons or related technologies.(c)Subsequent renewal of waiverAt the conclusion of the period of a waiver under subsection (a), the President may renew the waiver for subsequent periods of not more than 180 days each if the President determines, in accordance with that subsection, that the waiver is appropriate.310.Description of sanctionsThe sanctions to be imposed on a sanctioned person under this title are as follows:(1)Export-Import
			 Bank assistance for exports to sanctioned personsThe President
			 may direct the Export-Import Bank of the United States not to approve any
			 financing (including any guarantee, insurance, extension of credit, or
			 participation in the extension of credit) in connection with the export of any
			 goods or services to any sanctioned person.(2)Export
			 sanctionThe President may order the United States Government not
			 to issue any specific license and not to grant any other specific permission or
			 authority to export any goods or technology to a sanctioned person
			 under—(A)the Export
			 Administration Act of 1979 (50 U.S.C. App. 2401 et seq.) (as in effect pursuant
			 to the International Emergency Economic Powers Act (50 U.S.C. 1701 et
			 seq.));(B)the Arms Export
			 Control Act (22 U.S.C. 2751 et seq.);(C)the Atomic Energy
			 Act of 1954 (42 U.S.C. 2011 et seq.); or(D)any other law
			 that requires the prior review and approval of the United States Government as
			 a condition for the export or reexport of goods or services.(3)Loans from
			 United States financial institutionsThe United States Government
			 may prohibit any United States financial institution from making loans or
			 providing credits to any sanctioned person totaling more than $10,000,000 in
			 any 12-month period unless that person is engaged in activities to relieve
			 human suffering and the loans or credits are provided for such
			 activities.(4)Prohibitions on
			 financial institutions(A)In
			 generalThe following prohibitions may be imposed against a
			 sanctioned person that is a financial institution:(i)Prohibition on
			 designation as primary dealerNeither the Board of Governors of
			 the Federal Reserve System nor the Federal Reserve Bank of New York may
			 designate, or permit the continuation of any prior designation of, such
			 financial institution as a primary dealer in United States Government debt
			 instruments.(ii)Prohibition on
			 service as a repository of government fundsSuch financial
			 institution may not serve as agent of the United States Government or serve as
			 repository for United States Government funds.(B)ClarificationThe
			 imposition of either sanction under clause (i) or (ii) of subparagraph (A)
			 shall be treated as one sanction for purposes of sections 203 and 204, and the imposition of
			 both such sanctions shall be treated as 2 sanctions for purposes of sections 203 and 204.(5)Procurement
			 sanctionThe United States Government may not procure, or enter
			 into any contract for the procurement of, any goods or services from a
			 sanctioned person.(6)Foreign
			 exchangeThe President may, pursuant to such regulations as the
			 President may prescribe, prohibit any transactions in foreign exchange that are
			 subject to the jurisdiction of the United States and in which a sanctioned
			 person has any interest.(7)Banking
			 transactionsThe President may, pursuant to such regulations as
			 the President may prescribe, prohibit any transfers of credit or payments
			 between financial institutions or by, through, or to any financial institution,
			 to the extent that such transfers or payments are subject to the jurisdiction
			 of the United States and involve any interest of the sanctioned person.(8)Property
			 transactionsThe President may, pursuant to such regulations as
			 the President may prescribe, prohibit any person from—(A)acquiring,
			 holding, withholding, using, transferring, withdrawing, transporting,
			 importing, or exporting any property that is subject to the jurisdiction of the
			 United States and with respect to which the sanctioned person has any
			 interest;(B)dealing in or
			 exercising any right, power, or privilege with respect to such property;
			 or(C)conducting any
			 transaction involving such property.(9)Ban on investment in equity or debt of sanctioned personThe President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of a sanctioned person.(10)Exclusion of corporate officersThe President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, any alien that the President determines is a corporate officer or principal of, or a shareholder with a controlling interest in, a sanctioned person.(11)Sanctions on principal executive officersThe President may impose on the principal executive officer or officers of any sanctioned person, or on persons performing similar functions and with similar authorities as such officer or officers, any of the sanctions under this subsection.(12)Additional
			 sanctionsThe President may impose sanctions, as appropriate, to
			 restrict imports with respect to a sanctioned person, in accordance with the
			 International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).311.Additional
			 measure relating to government contracts(a)Modification of
			 Federal acquisition regulationNot later than 90 days after the
			 date of the enactment of this Act, the Federal Acquisition Regulation issued
			 pursuant to section 1303(a)(1) of title 41, United States Code, shall be
			 revised to require a certification from each person that is a prospective
			 contractor that the person, and any person owned or controlled by the person,
			 does not engage in any activity for which sanctions may be imposed under
			 this title.(b)Remedies(1)Termination,
			 debarment, or suspension(A)In
			 generalIf the head of an executive agency determines that a
			 person has submitted a false certification under subsection (a) on or after the
			 date on which the revision of the Federal Acquisition Regulation required by
			 this section becomes effective, the head of that executive agency
			 shall—(i)terminate a
			 contract with such person; or(ii)debar or suspend
			 such person from eligibility for Federal contracts for a period of not more
			 than 3 years.(B)ProcedureAny
			 debarment or suspension shall be subject to the procedures that apply to
			 debarment and suspension under the Federal Acquisition Regulation issued
			 pursuant to section 1303(a)(1) of title 41, United States Code.(2)Inclusion on
			 list of parties excluded from Federal procurement and nonprocurement
			 programsThe Administrator of General Services shall include on
			 the List of Parties Excluded from Federal Procurement and Nonprocurement
			 Programs maintained by the Administrator under part 9 of the Federal
			 Acquisition Regulation issued pursuant to section 1303(a)(1) of title 41,
			 United States Code, each person that is debarred, suspended, or proposed for
			 debarment or suspension by the head of an executive agency pursuant to paragraph (1).(c)Clarification
			 regarding certain productsThe remedies set forth in subsection (b) shall not apply with respect to the procurement of eligible products, as
			 defined in section 308(4) of the Trade Agreements Act of 1979 (19 U.S.C.
			 2518(4)), of any foreign country or instrumentality designated under section
			 301(b) of that Act (19 U.S.C. 2511(b)).(d)Rule of
			 constructionThis section shall not be construed to limit the
			 use of other remedies available to the head of an executive agency or any other
			 official of the Federal Government on the basis of a determination of a false
			 certification under subsection (a).(e)WaiversThe
			 President may on a case-by-case basis waive the requirement that a person make
			 a certification under subsection (a) if the President determines and certifies
			 in writing to the appropriate congressional committees, the Committee on Armed
			 Services of the Senate, and the Committee on Armed Services of the House of
			 Representatives, that it is in the national interest of the United States to do
			 so.(f)Executive
			 agency definedIn this section, the term executive
			 agency has the meaning given that term in section 133 of title 41,
			 United States Code.(g)ApplicabilityThe
			 revisions to the Federal Acquisition Regulation required under subsection (a)
			 shall apply with respect to contracts for which solicitations are issued on or
			 after the date that is 90 days after the date of the enactment of this
			 Act.IVImposition of sanctions with respect to financial institutions that engage in certain transactions with Syria401.Imposition of sanctions with respect to financial institutions that engage in certain transactions with Syria(a)Prohibitions and conditions with respect to certain accounts held by foreign financial institutions(1)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to prohibit, or impose strict conditions on, the opening or maintaining in the United States of a correspondent account or a payable-through account by a foreign financial institution that the Secretary finds knowingly engages in an activity described in paragraph (2).(2)Activities describedA foreign financial institution engages in an activity described in this paragraph if the foreign financial institution—(A)facilitates the efforts of the Government of Syria, Hezbollah, or others that have knowingly engaged in armed  conflict on behalf of the Government of Syria—(i)to acquire or develop weapons of mass destruction or delivery systems for weapons of mass destruction; or(ii)to provide support for organizations designated as foreign terrorist organizations under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) or support for acts of international terrorism (as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note));(B)engages in money laundering to carry out an activity described in subparagraph (A);(C)facilitates efforts by the Central Bank of Syria or any other Syrian financial institution to carry out an activity described in subparagraph (A); or(D)facilitates a significant transaction or transactions or provides significant financial services for a person whose property or interests in property are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) in connection with—(i)the proliferation of weapons of mass destruction or delivery systems for weapons of mass destruction by the Government of Syria;(ii)the support by that Government for international terrorism; or(iii)human rights abuses by that Government.(3)PenaltiesThe penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under paragraph (1) to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act.(b)Penalties for domestic financial institutions for actions of persons owned or controlled by such financial institutions(1)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe regulations to prohibit any person owned or controlled by a domestic financial institution from knowingly engaging in a transaction or transactions with or benefitting the Government of Syria, Hezbollah, or any of its agents or affiliates whose property or interests in property are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).(2)PenaltiesThe penalties provided for in section 206(b) of the International Emergency Economic Powers Act (50 U.S.C. 1705(b)) shall apply to a domestic financial institution to the same extent that such penalties apply to a person that commits an unlawful act described in section 206(a) of that Act if—(A)a person owned or controlled by the domestic financial institution violates, attempts to violate, conspires to violate, or causes a violation of regulations prescribed under paragraph (1) of this subsection; and(B)the domestic financial institution knew or should have known that the person violated, attempted to violate, conspired to violate, or caused a violation of such regulations.(c)Requirements for financial institutions maintaining accounts for foreign financial institutions(1)In generalThe Secretary of the Treasury shall prescribe regulations to require a domestic financial institution maintaining a correspondent account or payable-through account in the United States for a foreign financial institution to do following:(A)Perform an audit of activities described in subsection (a)(2) that may be carried out by the foreign financial institution.(B)Establish due diligence policies, procedures, and controls, such as the due diligence policies, procedures, and controls described in section 5318(i) of title 31, United States Code, reasonably designed to detect whether the foreign financial institution has knowingly engaged in any such activity.(2)ReportAny domestic financial institution maintaining a correspondent account or payable-through account in the United States for a foreign financial institution shall report to the Department of the Treasury any time the domestic financial institution suspects that the foreign financial institution is engaging in any activity described in subsection (a)(2), without regard to whether the Department requested such a report.(3)PenaltiesThe penalties provided for in sections 5321(a) and 5322 of title 31, United States Code, shall apply to a person that violates a regulation prescribed under paragraph (1) or the requirements of paragraph (2), in the same manner and to the same extent as such penalties would apply to any person that is otherwise subject to such section 5321(a) or 5322.(d)WaiverThe Secretary of the Treasury may waive the application of a prohibition or condition imposed with respect to a foreign financial institution pursuant to subsection (a) or the imposition of a penalty under subsection (b) with respect to a domestic financial institution on and after the date that is 30 days after the Secretary—(1)determines that such a waiver is necessary to the national interest of the United States; and(2)submits to the appropriate congressional committees a report describing the reasons for the determination.(e)Procedures for judicial review of classified information(1)In generalIf a finding under subsection (a)(1), a prohibition, condition, or penalty imposed as a result of any such finding, or a penalty imposed under subsection (b), is based on classified information (as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.)) and a court reviews the finding or the imposition of the prohibition, condition, or penalty, the Secretary of the Treasury may submit such information to the court ex parte and in camera.(2)Rule of constructionNothing in this subsection shall be construed to confer or imply any right to judicial review of any finding under subsection (a)(1), any prohibition, condition, or penalty imposed as a result of any such finding, or any penalty imposed under subsection (b).(f)Consultations in implementation of regulationsIn implementing this section and the regulations prescribed under this section, the Secretary of the Treasury—(1)shall consult with the Secretary of State; and(2)may, in the sole discretion of the Secretary of the Treasury, consult with such other agencies and departments and such other interested parties as the Secretary considers appropriate.(g)Agent definedIn this section, the term agent includes an entity established by a person for purposes of conducting transactions on behalf of the person in order to conceal the identity of the person.VGeneral provisions501.Report on military capabilities of Government of Syria(a)In generalNot later than 60 days after the date of the enactment of this Act, and every 120 days thereafter, the President shall report to the appropriate congressional committees on the military capabilities of the Government of Syria.(b)ContentsEach report required under subsection (a) shall include the following:(1)Information on the provision of weapons to the Government of Syria during the 120-day period preceding the submission of the report, including—(A)the type and quantity of weapons being provided to that Government; and(B)the entities providing those weapons to that Government.(2)The types of weapons that are most commonly used by that Government against the people of Syria.502.Reports on identification of Syrian assets(a)In generalNot later than 30 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of the Treasury shall  submit to the appropriate congressional committees a report  identifying assets of the Government of Syria held by financial institutions.(b)ContentsThe reports required by subsection (a) shall contain the following:(1)The name of any financial institution holding assets of the Government of Syria.(2)The country with  primary jurisdiction over each such financial institution.(3)Whether the assets described in paragraph (1) have been frozen.503.Termination of sanctionsThe provisions of this Act  and any sanctions imposed pursuant to this Act shall terminate on the date on which the President submits to the appropriate congressional committees—(1)a certification that the Government of Syria—(A)is no longer using weapons of any kind against the people of Syria;(B)is not providing support for international terrorist groups;(C)is not developing or deploying medium- and long-range surface-to-surface ballistic missiles; and(D)is not pursuing or engaging in the research, development, acquisition, production, transfer, or deployment of biological, chemical, or nuclear weapons and has provided credible assurances that it will not pursue or engage in such behavior; or(2)a certification that—(A)a successor government of Syria has been democratically elected and is representative of the people of Syria; or(B)a legitimate transitional government of Syria is in place.


114 S1644 IS: To permanently extend the private mortgage insurance tax deduction.
U.S. Senate
2015-06-23
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		II
		114th CONGRESS1st Session
		S. 1644
		IN THE SENATE OF THE UNITED STATES

			June 23, 2015
			Mr. Crapo (for himself and Ms. Stabenow) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To permanently extend the private mortgage insurance tax deduction.

		1.Permanent extension of deduction for mortgage insurance premiums
 (a)In generalSubparagraph (E) of section 163(h)(3) of the Internal Revenue Code of 1986 is amended by striking clause (iv).
 (b)Effective dateThe amendment made by this section shall apply to amounts paid or accrued after December 31, 2014, and to amounts properly allocable to periods after such date.