109 HR 3407 IH: Jessica Lunsford and Sarah Lunde Act
U.S. House of Representatives
2005-07-22
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
109th CONGRESS
1st Session
H. R. 3407
IN THE HOUSE OF REPRESENTATIVES

July 22, 2005
Mr. Emanuel (for himself, Mr. Filner, Mr. Burton of Indiana, Ms. Carson, Ms. Schwartz of Pennsylvania, Mr. Bishop of New York, Mr. Lantos, Mr. Boswell, Mr. Udall of Colorado, Mr. McHugh, and Mr. Owens) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide grants to States and local governments to assess the effectiveness of sexual predator electronic monitoring programs.

1.Short titleThis Act may be cited as the Jessica Lunsford and Sarah Lunde Act.
2.Sexual predator monitoring program
(a)Grants authorized
(1)In generalThe Attorney General is authorized to award grants (referred to as Jessica Lunsford and Sarah Lunde Grants) to State and local governments to assist such States and local governments in—
(A)carrying out programs to outfit sexual offenders with electronic monitoring units; and
(B)the employment of law enforcement officials necessary to carry out such programs.
(2)DurationThe Secretary shall award grants under this Act for a period not to exceed 3 years.
(b)Application
(1)In generalEach State or local government desiring a grant under this Act shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information as the Attorney General may reasonably require.
(2)ContentsEach application submitted pursuant to paragraph (1) shall—
(A)describe the activities for which assistance under this Act is sought; and
(B)provide such additional assurances as the Attorney General determines to be essential to ensure compliance with the requirements of this Act.
3.InnovationIn making grants under this Act, the Attorney General shall ensure that different approaches to monitoring are funded to allow an assessment of effectiveness.
4.DefinitionIn this Act, the term sexual offender means an offender 18 years of age or older who commits a sexual offense against a minor.
5.Authorization of appropriations
(a)In generalThere are authorized to be appropriated $10,000,000 for each of the fiscal years 2006 through 2008 to carry out this Act.
(b)ReportNot later than April 1, 2008, the Attorney General shall report to Congress—
(1)assessing the effectiveness and value of programs funded by this Act;
(2)comparing the cost-effectiveness of the electronic monitoring to reduce sex offenses compared to other alternatives; and
(3)making recommendations for continuing funding and the appropriate levels for such funding.


114 HR 4391 IH: To amend the Illegal Immigration and Immigrant Responsibility Act of 1996 to direct the Secretary of Homeland Security to complete the required 700-mile southwest border fencing by December 31, 2016, and for other purposes.
U.S. House of Representatives
2016-01-13
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
		2d Session
		H. R. 4391
		IN THE HOUSE OF REPRESENTATIVES

			January 13, 2016
			Mr. Ross introduced the following bill; which was referred to the Committee on Homeland Security

		A BILL
		To amend the Illegal Immigration and Immigrant Responsibility Act of 1996 to direct the Secretary
			 of Homeland Security to complete the required 700-mile southwest border
			 fencing by December 31, 2016, and for other purposes.

 1.Short titleThis Act may be cited as Finish the Fence Act of 2016. 2.Fencing along and operational control of the southwest border (a)FencingParagraph (1) of section 102(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended—
 (1)in subparagraph (A), by inserting , not later than December 31, 2016, before construct; and (2)by striking subparagraph (B).
 (b)Operational controlSubsection (a) of section 2 the Secure Fence Act of 2006 (8 U.S.C. 1701 note; Public Law 109–367) is amended, in the matter preceding paragraph (1)—
 (1)by striking 18 months after the date of the enactment of this Act, and inserting December 31, 2016,; and (2)by inserting , in consultation with State and local officials along the international border between the United States and Mexico, including border State governors, mayors of border towns and cities, and border sheriffs, before shall.


115 S2233 IS: Native Youth and Tribal Officer Protection Act
U.S. Senate
2017-12-14
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.

II115th CONGRESS1st SessionS. 2233IN THE SENATE OF THE UNITED STATESDecember 14, 2017Mr. Udall (for himself, Ms. Murkowski, and Ms. Cortez Masto) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo protect Native children and promote public safety in Indian country.

 1.Short titleThis Act may be cited as the Native Youth and Tribal Officer Protection Act.
 2.FindingsCongress finds that— (1)Native women face some of the highest levels of violence of any group;
 (2)more than half of American Indian and Alaska Native women have experienced physical violence by an intimate partner in their lifetimes, and 90 percent of these women have experienced that violence at the hands of a non-Indian intimate partner;
 (3)Indian tribes report that children are usually involved in domestic violence and dating violence incidents that occur on Indian lands, either as witnesses or as victims themselves;
 (4)American Indian children and Alaska Native children experience post-traumatic stress disorder (referred to in this Act as PTSD) at much higher rates than non-Indian children;
 (5)American Indian children and Alaska Native children experience PTSD at a rate of 22 percent, which is the same rate at which Afghanistan and Iraq war veterans experience PTSD;
 (6)children in Indian country should be protected from violence; (7)violence against children and crime associated with dating violence and domestic violence increase the number of instances of trauma in tribal communities, which—
 (A)affects health outcomes; (B)reduces educational attainment;
 (C)hinders economic growth; and (D)undermines public safety;
 (8)the Uniform Crime Report of the Federal Bureau of Investigation shows that police officers, including tribal police officers, are assaulted when responding to disturbance calls more often than under any other circumstances;
 (9)Congress established the Indian Law and Order Commission to advise the Federal Government on how to improve criminal justice in Indian country;
 (10)the Indian Law and Order Commission issued a report entitled A Roadmap for Making Native America Safer, which recommends the restoration of the inherent authority of tribal courts; and (11)tribal communities should be able to protect themselves from dating violence, domestic violence, and child violence, and from violence committed against members of the tribal justice system.
 3.Protection of Native children and tribal communitiesSection 204 of Public Law 90–284 (25 U.S.C. 1304) is amended— (1)in the section heading, by striking domestic violence and inserting domestic violence, child violence, and violence against law enforcement officers;
 (2)in subsection (a)— (A)in paragraph (1), by striking means violence and inserting means covered conduct;
 (B)in paragraph (2)— (i)by striking means violence and inserting means covered conduct; and
 (ii)by striking where the violence occurs and inserting where the covered conduct occurs; (C)in paragraph (4), by striking domestic violence and inserting tribal;
 (D)in paragraph (6)— (i)in the paragraph heading, by striking domestic violence and inserting tribal; and
 (ii)by striking domestic violence and inserting tribal; (E)by redesignating paragraphs (6) and (7) as paragraphs (12) and (13), respectively;
 (F)by redesignating paragraphs (1) through (5) as paragraphs (6) through (10), respectively; (G)by inserting before paragraph (6) (as redesignated by subparagraph (F)) the following:

 (1)CaregiverThe term caregiver means— (A)the parent, guardian, or legal custodian of the child;
 (B)the spouse or intimate partner of a parent, guardian, or legal custodian of the child; (C)any relative of the child, including a parent, grandparent, great-grandparent, stepparent, brother, sister, stepbrother, stepsister, half-brother, or half-sister;
 (D)a person who resides or has resided regularly or intermittently in the same dwelling as the child; (E)a person who provides or has provided care for the child in or out of the home of the child;
 (F)any person who exercises or has exercised temporary or permanent control over the child; or (G)any person who temporarily or permanently supervises or has supervised the child.
 (2)ChildThe term child means a person who has not attained the lesser of— (A)the age of 18; or
 (B)except in the case of sexual abuse, the age specified by the child protection law of the participating tribe that has jurisdiction over the Indian country where the child resides.
 (3)Child violenceThe term child violence means covered conduct committed against a child by a caregiver of the child. (4)Covered conductThe term covered conduct means conduct that—
 (A)involves the use, attempted use, or threatened use of physical force against the person or property of another; and
 (B)violates the criminal law of the Indian tribe that has jurisdiction over the Indian country where the conduct occurs.
 (5)Covered individualThe term covered individual means an officer or employee of an Indian tribe, or an individual authorized to act for or on behalf of an Indian tribe or serving an Indian tribe, who is—
 (A)authorized under law to— (i)engage in or supervise the prevention, detection, investigation, arrest, pretrial detention, prosecution, or adjudication of an offense or the sentencing, including the probation, parole, incarceration, or rehabilitation, of an individual; or
 (ii)serve as a probation or pretrial services officer; and (B)carrying out an activity described in paragraph (11)(C).;  and
 (H)by inserting after paragraph (10) (as redesignated by subparagraph (F)) the following:  (11)Related conductThe term related conduct means a violation of the criminal law of an Indian tribe that is committed—
 (A)against a covered individual; (B)by a person—
 (i)who is subject to special tribal criminal jurisdiction; and (ii)has committed criminal conduct that falls into one or more of the categories described in paragraphs (1) and (2) of subsection (c); and
 (C)in the course of resisting or interfering with the prevention, detection, investigation, arrest, pretrial detention, prosecution, adjudication, or sentencing, including the probation, parole, incarceration, or rehabilitation, of that person relating to that criminal conduct.;
 (3)in subsection (b)— (A)by striking domestic violence each place it appears and inserting tribal; and
 (B)in paragraph (4)(B)(iii), in the matter preceding subclause (I), by striking , or dating partner and inserting , dating partner, or caregiver; (4)in subsection (c)—
 (A)in the matter preceding paragraph (1), by striking domestic violence and inserting tribal; (B)in paragraph (1)—
 (i)in the paragraph heading, by striking and dating violence and inserting , dating violence, and child violence; and (ii)by striking or dating violence and inserting , dating violence, or child violence; and
 (C)by adding at the end the following:  (3)Related conductAn act of related conduct that occurs in the Indian country of the participating tribe.
						;
 (5)in subsection (d), by striking domestic violence each place it appears and inserting tribal; (6)in subsection (f)—
 (A)by striking special domestic violence each place it appears and inserting special tribal; (B)in paragraph (2), by striking prosecutes and all that follows through the semicolon at the end and inserting the following: “prosecutes—

 (A)a crime of domestic violence; (B)a crime of dating violence;
 (C)a crime of child violence; (D)a criminal violation of a protection order; or
 (E)a crime of related conduct;; and (C)in paragraph (4), by inserting child violence, related conduct, after dating violence,; and
 (7)in subsection (h), by striking “2014 through 2018” and inserting “2018 through 2022”. 4.Increased interagency coordination (a)In generalThe Secretary of the Interior and the Secretary of Health and Human Services (referred to in this section as the Secretaries) shall coordinate with the Attorney General to ensure, to the maximum extent practicable, that Federal programs to support tribal justice systems and to support provision of victim services for Indians are working effectively together to serve the needs of Indian tribes and Indians (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
 (b)Coordination of Federal Indian facilities with national domestic violence hotline granteesThe Secretaries shall ensure that information for contacting any toll-free telephone hotline operated by recipients of a grant authorized by section 313 of the Family Violence Protective Services Act (42 U.S.C. 10413), is posted and readily visible in each publicly accessible Federal facility utilized by—
 (1)the Indian Health Services; (2)the Bureau of Indian Affairs; or
 (3)the Bureau of Indian Education. (c)Coordination on training Federal indian program employees To recognize and respond to domestic violenceThe Secretaries (acting through the Assistant Secretary for Indian Affairs, the Director of the Bureau of Indian Education, and the Director of the Indian Health Service) shall coordinate with the Director of the Office on Violence Against Women of the Department of Justice and the Associate Commissioner for the Family and Youth Services Bureau of the Department of Health and Human Services to ensure that training materials on recognizing and responding to domestic violence are available to tribal and Federal employees of—
 (1)the Indian Health Services; (2)the Bureau of Indian Affairs; and
 (3)the Bureau of Indian Education. 5.Report (a)In generalThe Secretary of the Interior (acting through the Assistant Secretary for Indian Affairs) and the Secretary of Health and Human Services (acting through the Director of the Indian Health Service) shall jointly submit a report to—
 (1)the Committee on Indian Affairs of the Senate; and (2)the Committee on Natural Resources of the House of Representatives.
 (b)Contents of the reportThe report required under subsection (a) shall include a description of the degree of effectiveness of—
 (1)Federal programs that are intended to build the capacity of criminal justice systems of Indian tribes to investigate and prosecute offenses relating to dating violence, domestic violence, child violence, and related conduct (as defined in section 204 of Public Law 90–284 (25 U.S.C. 1304), as amended by section 3(2));
 (2)the required coordination activities required under section 4, including compliance with the posting of domestic violence victim service access information required under section 4(b); and
 (3)the interagency employee training material development required under section 4(c). (c)TimingThe Secretary of the Interior and the Secretary of Health and Human Services shall submit the report required under subsection (a) by not later than 4 years after the date of enactment of this Act.


 S2425 ENR: Patient Access and Medicare Protection Act
U.S. Senate

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.

One Hundred Fourteenth Congress of the United States of America1st SessionBegun and held at the City of Washington on Tuesday, the sixth day of January, two thousand and
			 fifteenS. 2425IN THE SENATE OF THE UNITED STATESAN ACTTo amend titles XVIII and XIX of the Social Security Act to improve payments for complex
			 rehabilitation technology and certain radiation therapy services, to
			 ensure flexibility in applying the hardship exception for meaningful use
			 for the 2015 EHR reporting period for 2017 payment adjustments, and for
 other purposes.1.Short titleThis Act may be cited as the Patient Access and Medicare Protection Act.2.Non-application of Medicare fee schedule adjustments for wheelchair accessories and seat and back
			 cushions when furnished in connection with complex rehabilitative power
 wheelchairs(a)Non-application(1)In generalNotwithstanding any other provision of law, the Secretary of Health and Human Services shall not, prior to January 1, 2017, use information on the payment determined under the competitive acquisition programs under section 1847 of the Social Security Act (42 U.S.C. 1395w–3) to adjust the payment amount that would otherwise be recognized under section 1834(a)(1)(B)(ii) of such Act (42 U.S.C. 1395m(a)(1)(B)(ii)) for wheelchair accessories (including seating systems) and seat and back cushions when furnished in connection with Group 3 complex rehabilitative power wheelchairs.(2)ImplementationNotwithstanding any other provision of law, the Secretary may implement this subsection by program instruction or otherwise.(b)GAO study and report(1)Study(A)In generalThe Comptroller General of the United States shall conduct a study on wheelchair accessories (including seating systems) and seat and back cushions furnished in connection with Group 3 complex rehabilitative power wheelchairs. Such study shall include an analysis of the following with respect to such wheelchair accessories and seat and back cushions in each of the groups described in clauses (i) through (iii) of subparagraph (B):(i)The item descriptions and associated HCPCS codes for such wheelchair accessories and seat and back cushions.(ii)A breakdown of utilization and expenditures for such wheelchair accessories and seat and back cushions under title XVIII of the Social Security Act.(iii)A comparison of the payment amount under the competitive acquisition program under section 1847 of such Act (42 U.S.C. 1395w–3) with the payment amount that would otherwise be recognized under section 1834 of such Act (42 U.S.C. 1395m), including beneficiary cost sharing, for such wheelchair accessories and seat and back cushions.(iv)The aggregate distribution of such wheelchair accessories and seat and back cushions furnished under such title XVIII within each of the groups described in subparagraph (B).(v)Other areas determined appropriate by the Comptroller General.(B)Groups describedThe following groups are described in this subparagraph:(i)Wheelchair accessories and seat and back cushions furnished predominantly with Group 3 complex rehabilitative power wheelchairs.(ii)Wheelchair accessories and seat and back cushions furnished predominantly with power wheelchairs that are not described in clause (i).(iii)Other wheelchair accessories and seat and back cushions furnished with either power wheelchairs described in clause (i) or (ii).(2)ReportNot later than June 1, 2016, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative as the Comptroller General determines to be appropriate.3.Transitional payment rules for certain radiation therapy services under the Medicare physician fee
 schedule(a)In generalSection 1848 of the Social Security Act (42 U.S.C. 1395w–4) is amended—(1)in subsection (b), by adding at the end the following new paragraph:(11)Special rule for certain radiation therapy servicesThe code definitions, the work relative value units under subsection (c)(2)(C)(i), and the direct inputs for the practice expense relative value units under subsection (c)(2)(C)(ii) for radiation treatment delivery and related imaging services (identified in 2016 by HCPCS G-codes G6001 through G6015) for the fee schedule established under this subsection for services furnished in 2017 and 2018 shall be the same as such definitions, units, and inputs for such services for the fee schedule established for services furnished in 2016.; and(2)in subsection (c)(2)(K), by adding at the end the following new clause:(iv)Treatment of certain radiation therapy servicesRadiation treatment delivery and related imaging services identified under subsection (b)(11) shall not be considered as potentially misvalued services for purposes of this subparagraph and subparagraph (O) for 2017 and 2018..(b)Report to Congress on alternative payment modelNot later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the development of an episodic alternative payment model for payment under the Medicare program under title XVIII of the Social Security Act for radiation therapy services furnished in nonfacility settings.4.Ensuring flexibility in applying hardship exception for meaningful use
			 for 2015 EHR reporting period for 2017 payment
 adjustments(a)Eligible professionalsSection 1848(a)(7)(B) of the Social Security Act (42 U.S.C. 1395w–4(a)(7)(B)) is amended, in the first sentence, by inserting (and, with respect to the payment adjustment under subparagraph (A) for 2017, for categories of eligible professionals, as established by the Secretary and posted on the Internet website of the Centers for Medicare & Medicaid Services prior to December 15, 2015, an application for which must be submitted to the Secretary by not later than March 15, 2016) after case-by-case basis.(b)Eligible hospitalsSection 1886(b)(3)(B)(ix) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(ix)) is amended—(1)in the first sentence of subclause (I), by striking (n)(6)(A) and inserting (n)(6); and(2)in subclause (II), in the first sentence, by inserting (and, with respect to the application of subclause (I) for fiscal year 2017, for categories of subsection (d) hospitals, as established by the Secretary and posted on the Internet website of the Centers for Medicare & Medicaid Services prior to December 15, 2015, an application for which must be submitted to the Secretary by not later than April 1, 2016) after case-by-case basis.(c)ImplementationNotwithstanding any other provision of law, the Secretary of Health and Human Services shall implement the provisions of, and the amendments made by, subsections (a) and (b) by program instruction, such as through information on the Internet website of the Centers for Medicare & Medicaid Services.5.Medicare Improvement FundSection 1898(b)(1) of the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking $5,000,000 and inserting $0.6.Strengthening Medicaid Program integrity through flexibilitySection 1936 of the Social Security Act (42 U.S.C. 1396u–6) is amended—(1)in subsection (a), by inserting , or otherwise, after entities; and(2)in subsection (e)—(A)in paragraph (1), in the matter preceding subparagraph (A), by inserting (including the costs of equipment, salaries and benefits, and travel and training) after Program under this section; and(B)in paragraph (3), by striking by 100 and inserting by 100, or such number as determined necessary by the Secretary to carry out the Program,.7.Establishing
			 Medicare administrative contractor error reduction incentives(a)In
 generalSection 1874A(b)(1)(D) of the Social Security Act (42 U.S.C. 1395kk–1(b)(1)(D)) is amended—(1)by striking quality.—The Secretary and inserting “quality.—(i)In generalSubject to clauses (ii) and (iii), the Secretary;
 and(2)by inserting after clause (i), as added by paragraph (1), the following new clauses:(ii)Improper
 payment rate reduction incentivesThe Secretary shall provide incentives for medicare administrative contractors to reduce the improper payment error rates in their jurisdictions.(iii)IncentivesThe incentives provided for under clause (ii)—(I)may include a sliding scale of award fee payments and additional incentives to medicare administrative contractors that either reduce the improper payment rates in their jurisdictions to certain thresholds, as determined by the Secretary, or accomplish tasks, as determined by the Secretary, that further improve payment accuracy; and(II)may include substantial reductions in award fee payments under cost-plus-award-fee contracts, for medicare administrative contractors that reach an upper end improper payment rate threshold or other threshold as determined by the Secretary, or fail to accomplish tasks, as determined by the Secretary, that further improve payment accuracy..(b)Effective
			 date(1)In
 generalThe amendments made by subsection (a) shall apply to contracts entered into or renewed on or after the date that is 3 years after the date of enactment of this Act.(2)Application to existing contractsIn the case of contracts in existence on or after the date of the enactment of this Act and that are not subject to the effective date under paragraph (1), the Secretary of Health and Human Services shall, when appropriate and practicable, seek to apply the incentives provided for in the amendments made by subsection (a) through contract modifications.8.Strengthening
			 penalties for the illegal distribution of a Medicare, Medicaid, or CHIP
 beneficiary identification or billing privilegesSection 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended by adding at the end the following:(4)Whoever without lawful authority knowingly and willfully purchases, sells or distributes, or arranges for the purchase, sale, or distribution of a beneficiary identification number or unique health identifier for a health care provider under title XVIII, title XIX, or title XXI shall be imprisoned for not more than 10 years or fined not more than $500,000 ($1,000,000 in the case of a corporation), or both..9.Improving the
			 sharing of data between the Federal Government and State Medicaid
			 programs(a)In
 generalThe Secretary of Health and Human Services (in this section referred to as the Secretary) shall establish a plan to encourage and facilitate the participation of States in the Medicare-Medicaid Data Match Program (commonly referred to as the Medi-Medi Program) under section 1893(g) of the Social Security Act (42 U.S.C. 1395ddd(g)).(b)Program
			 revisions To improve Medi-Medi Data Match Program participation by
 StatesSection 1893(g)(1)(A) of the Social Security Act (42 U.S.C. 1395ddd(g)(1)(A)) is amended—(1)in the matter preceding clause (i), by inserting or otherwise after eligible entities;(2)in clause (i)—(A)by inserting to review claims data after algorithms; and(B)by striking service, time, or patient and inserting provider, service, time, or patient;(3)in clause (ii)—(A)by inserting to investigate and recover amounts with respect to suspect claims after appropriate actions; and(B)by striking ; and and inserting a semicolon;(4)in clause (iii), by striking the period and inserting ; and; and(5)by adding at the end the following new clause:(iv)furthering the Secretary’s design, development, installation, or enhancement of an automated data system architecture—(I)to collect, integrate, and assess data for purposes of program integrity, program oversight, and administration, including the Medi-Medi Program; and(II)that improves the coordination of requests for data from States..(c)Providing
			 states with data on improper payments made for items or services provided
			 to
			 dual eligible individuals(1)In
 generalThe Secretary shall develop and implement a plan that allows each State agency responsible for administering a State plan for medical assistance under title XIX of the Social Security Act access to relevant data on improper or fraudulent payments made under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) for health care items or services provided to dual eligible individuals.(2)Dual eligible
 individual definedIn this section, the term dual eligible individual means an individual who is entitled to, or enrolled for, benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.), or enrolled for benefits under part B of title XVIII of such Act (42 U.S.C. 1395j et seq.), and is eligible for medical assistance under a State plan under title XIX of such Act (42 U.S.C. 1396 et seq.) or under a waiver of such plan.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


		I
		111th CONGRESS
		1st Session
		H. R. 2085
		IN THE HOUSE OF REPRESENTATIVES

			April 23, 2009
			Mr. Lewis of Georgia
			 (for himself, Mr. Oberstar,
			 Mr. Ellison,
			 Mr. Stark,
			 Mr. McDermott,
			 Mr. Payne,
			 Mr. Rush, Mr. Fattah, Ms.
			 Baldwin, Mr. McGovern, and
			 Mr. Holt) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

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

		1.Short titleThis Act may be cited as the
			 Religious Freedom Peace Tax Fund Act
			 of 2009.
		2.FindingsCongress finds the following:
			(1)The free exercise
			 of religion is an inalienable right, protected by the First Amendment of the
			 United States Constitution.
			(2)Congress
			 reaffirmed this right in the Religious Freedom Restoration Act of 1993, as
			 amended in 1998, which prohibits the Federal Government from imposing a
			 substantial burden on the free exercise of religion unless it demonstrates that
			 a compelling government interest is achieved by the least restrictive
			 means.
			(3)Many people
			 immigrated to America (including members of the Quaker, Mennonite, and Church
			 of the Brethren faiths) to escape persecution for their refusal to participate
			 in warfare, yet during the First World War hundreds of conscientious objectors
			 were imprisoned in America for their beliefs. Some died while incarcerated as a
			 result of mistreatment.
			(4)During the Second
			 World War, alternative civilian service was established in lieu
			 of military service, by the Selective Training and Service Act of 1940, to
			 accommodate a wide spectrum of religious beliefs and practices. Subsequent case
			 law also has expanded these exemptions, and has described this policy as one of
			 … long standing tradition in this country … affording the
			 important value of reconciling individuality of belief with practical
			 exigencies whenever possible. It dates back to colonial times and has been
			 perpetuated in state and federal conscription statutes, and has
			 roots deeply embedded in history. (Welsh v. United States, 1970,
			 Justice Harlan concurring). During and since the Second World War thousands of
			 conscientious objectors provided essential staff for mental hospitals and
			 volunteered as human test subjects for arduous medical experiments, and
			 provided other service for the national health, safety and interest.
			(5)Conscientious
			 objectors have sought alternative service for their tax payments since that
			 time. They request legal relief from government seizure of their homes,
			 livestock, automobiles, and other property; and from having bank accounts
			 attached, wages garnished, fines imposed, and imprisonment threatened, to
			 compel them to violate their personal and religious convictions.
			(6)Conscientious
			 objection to participation in war in any form based upon moral, ethical, or
			 religious beliefs is recognized in Federal law, with provision for alternative
			 service; but no such provision exists for taxpayers who are conscientious
			 objectors and who are compelled to participate in war through the payment of
			 taxes to support military activities.
			(7)The Joint Committee
			 on Taxation has certified that a tax trust fund, providing for conscientious
			 objector taxpayers to pay their full taxes for non-military purposes, would
			 increase Federal revenues.
			3.Definitions
			(a)Designated
			 conscientious objectorFor
			 purposes of this Act, the term designated conscientious objector
			 means a taxpayer who is opposed to participation in war in any form based upon
			 the taxpayer’s sincerely held moral, ethical, or religious beliefs or training
			 (within the meaning of the Military Selective Service Act (50 U.S.C. App.
			 456(j))), and who has certified these beliefs in writing to the Secretary of
			 the Treasury in such form and manner as the Secretary provides.
			(b)Military
			 purposeFor purposes of this
			 Act, the term military purpose means any activity or program which
			 any agency of the Government conducts, administers, or sponsors and which
			 effects an augmentation of military forces or of defensive and offensive
			 intelligence activities, or enhances the capability of any person or nation to
			 wage war, including the appropriation of funds by the United States for—
				(1)the Department of
			 Defense;
				(2)the intelligence community (as defined in
			 section 3(4) of the National Security Act of 1947 (50 U.S.C. 104a(4)));
				(3)the Selective
			 Service System;
				(4)activities of the
			 Department of Energy that have a military purpose;
				(5)activities of the
			 National Aeronautics and Space Administration that have a military
			 purpose;
				(6)foreign military
			 aid; and
				(7)the training,
			 supplying, or maintaining of military personnel, or the manufacture,
			 construction, maintenance, or development of military weapons, installations,
			 or strategies.
				4.Religious Freedom
			 Peace Tax Fund
			(a)EstablishmentThe Secretary of the Treasury shall
			 establish an account in the Treasury of the United States to be known as the
			 Religious Freedom Peace Tax Fund, for the deposit of income,
			 gift, and estate taxes paid by or on behalf of taxpayers who are designated
			 conscientious objectors. The method of deposit shall be prescribed by the
			 Secretary of the Treasury in a manner that minimizes the cost to the Treasury
			 and does not impose an undue burden on such taxpayers.
			(b)Use of Religious
			 Freedom Peace Tax FundMonies
			 deposited in the Religious Freedom Peace Tax Fund shall be allocated annually
			 to any appropriation not for a military purpose.
			(c)ReportThe Secretary of the Treasury shall report
			 to the Committees on Appropriations of the House of Representatives and the
			 Senate each year on the total amount transferred into the Religious Freedom
			 Peace Tax Fund during the preceding fiscal year and the purposes for which such
			 amount was allocated in such preceding fiscal year. Such report shall be
			 printed in the Congressional Record upon receipt by the Committees. The privacy
			 of individuals using the Fund shall be protected.
			(d)Sense of
			 CongressIt is the sense of
			 Congress that any increase in revenue to the Treasury resulting from the
			 creation of the Religious Freedom Peace Tax Fund shall be allocated in a manner
			 consistent with the purposes of the Fund.


115 HR 622 IH: Local Enforcement for Local Lands Act
U.S. House of Representatives
2017-01-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 622IN THE HOUSE OF REPRESENTATIVESJanuary 24, 2017Mr. Chaffetz (for himself, Mr. Stewart, Mrs. Love, Mr. LaMalfa, Mr. Amodei, Mr. McClintock, and Mr. Gosar) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo terminate the law enforcement functions of the Forest Service and the Bureau of Land Management
			 and to provide block grants to States for the enforcement of Federal law
			 on Federal land under the jurisdiction of these agencies, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Local Enforcement for Local Lands Act. 2.DefinitionsIn this Act:
 (1)Covered law enforcement agencyThe term covered law enforcement agency means— (A)the Forest Service Law Enforcement and Investigations unit; and
 (B)the Bureau of Land Management Office of Law Enforcement. (2)Federal landThe term Federal land means—
 (A)any land and interest in land owned by the United States within a State and included within the National Forest System, including the National Grasslands; and
 (B)the public lands (as defined in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
 (3)Secretary concernedThe term Secretary concerned means— (A)the Secretary of Agriculture, with respect to Federal land described in subparagraph (A) of paragraph (2); and
 (B)the Secretary of the Interior, with respect to Federal land described in subparagraph (B) of paragraph (2).
 (4)StateThe term State means each of the several States and the Commonwealth of Puerto Rico. (5)Unit of local governmentThe term unit of local government means—
 (A)any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; or
 (B)an Indian tribe which performs law enforcement or emergency response functions as determined by the Secretary of the Interior.
				3.Termination of Forest Service and Bureau of Land Management Agency law enforcement agencies and law
			 enforcement functions
 (a)Forest ServiceNot later than September 30, 2017, the Secretary of Agriculture shall terminate the Forest Service Law Enforcement and Investigations unit and cease using employees of the Forest Service to perform law enforcement functions on Federal land.
 (b)Department of the InteriorNot later than September 30, 2017, the Secretary of the Interior shall terminate the Bureau of Land Management Office of Law Enforcement and cease using employees of the Department of the Interior to perform law enforcement functions on Federal land.
 (c)Termination of authorization of appropriationsBeginning with fiscal year 2018 and each fiscal year thereafter, no amounts are authorized to be appropriated to the Secretary concerned for a covered law enforcement agency or for Federal law enforcement functions on Federal land.
 (d)No effect on authority To carry firearmsNothing in this Act shall be construed to limit the authority of the Secretary concerned to authorize an employee of the Forest Service or the Bureau of Land Management to carry a firearm for protection while in the field.
			4.Block grants to States for enforcement of Federal law on Federal land
 (a)Grants required; purposeFor fiscal year 2018 and each fiscal year thereafter, the Secretary of the Interior shall make a grant to each State for the purpose of permitting the State, directly or through subgrants with units of local government in that State, to maintain law and order on Federal land, protect individuals and property on Federal land, and enforce Federal law. Grant funds shall be used only to carry out law enforcement functions on Federal land.
			(b)Determination of grant amount
 (1)Grant formulaA State shall receive a grant under subsection (a) for a fiscal year in an amount equal to the product of—
 (A)the percentage determined under paragraph (2) for that State; and (B)the total amount appropriated to the Secretary of the Interior for that fiscal year pursuant to the authorization of appropriations in subsection (d).
 (2)State PercentageThe percentage for a State for purposes of paragraph (1) for a fiscal year shall be equal to the sum of the following:
 (A)Thirty percent of the percentage determined by comparing the total acreage of Federal land in that State at the end of the preceding fiscal year and the total acreage of Federal land in all States at the end of the preceding fiscal year.
 (B)Seventy percent of the percentage determined by comparing the total number of employees of the covered law enforcement agencies assigned to that State as of September 30, 2016, and the total number of all employees of the covered law enforcement agencies as of that date.
 (c)Report on expendituresA State or unit of local government receiving a grant or subgrant under this section shall submit to the Secretary of the Interior an annual report—
 (1)certifying that the grant funds were used only for the Federal land law enforcement functions specified in subsection (a);
 (2)accounting for all expenditures incurred by the State or unit of local government in connection with performing such law enforcement functions on Federal land; and
 (3)indicating whether grant funds were sufficient or insufficient to cover such expenditures. (d)Authorization of appropriationsOn account of the reduced costs to be incurred by the Secretary concerned as a result of the termination of the covered law enforcement agencies, for fiscal year 2018 and each fiscal year thereafter, there is authorized to be appropriated to the Secretary of the Interior to make grants under this section—
 (1)an amount equal to seven percent of the Forest Service budget for fiscal year 2016; (2)an amount equal to five percent of the Bureau of Land Management budget for fiscal year 2016; and
 (3)such additional amounts as the Secretary concerned considers to be necessary for law enforcement functions on Federal land for a fiscal year, to be included in the materials submitted to Congress by the Secretary concerned in support of the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code.
				5.State and local agreements for law enforcement functions on Federal land
 (a)Agreement requiredAs a condition of a grant or subgrant under section 4, the State or unit of local government receiving the grant or subgrant and the Secretary concerned shall enter into an agreement, consistent with this section, to address the maintenance of law and order and the protection of individuals and property on Federal land.
 (b)Powers and duties of law enforcement personnelThe agreement under subsection (a) between a State or unit of local government receiving a grant or subgrant and the Secretary concerned shall authorize designated law enforcement officers of the State or unit of local government—
 (1)to carry firearms on Federal land; (2)make arrests without warrant for any offense against the United States committed in the presence of the law enforcement officer, or for any felony cognizable under the laws of the United States if the law enforcement officer has reasonable grounds to believe that the individual to be arrested has committed or is committing the felony, provided the arrests occur on Federal land or within the State or local jurisdiction of the law enforcement officer or the individual to be arrested is fleeing from the Federal land;
 (3)execute any warrant or other process issued by a court or officer of competent jurisdiction for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed on Federal land or, where the individual subject to the warrant or process is on Federal land, in connection with any Federal offense; and
 (4)conduct investigations of offenses against the United States committed on Federal land in the absence of investigation of the offenses by any other Federal law enforcement agency having investigative jurisdiction over the offense committed or with the concurrence of the other agency.
 (c)Indemnify and save harmlessThe Secretary concerned shall waive, in any agreement under subsection (a) with a State or unit of local government, all civil claims against the State or unit of local government and, subject to available appropriations, indemnify and save harmless the State or unit of local government from all claims by third parties for property damage or personal injury, that may arise out of law enforcement functions performed under the agreement.
			(d)Law enforcement personnel not deemed federal employees
 (1)In generalExcept as otherwise provided in this subsection, a law enforcement officer of a State or unit of local government performing law enforcement functions pursuant to an agreement under subsection (a) shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal benefits.
 (2)ExceptionsA law enforcement officer of a State or unit of local government performing law enforcement functions pursuant to an agreement under subsection (a) is deemed to be—
 (A)a Federal employee for purposes of sections 1346(b) and 2401(b) and chapter 171 of title 28, United States Code; and
 (B)a civil service employee of the United States within the meaning of the term employee as defined in section 8101 of title 5, United States Code, for purposes of subchapter I of chapter 81 of such title, relating to compensation to Federal employees for work injuries, and the provisions of subchapter I of chapter 81 of such title shall apply.
 (e)Federal Investigative Jurisdiction and State Civil and Criminal Jurisdiction Not PreemptedThis section shall not be construed or applied— (1)to limit or restrict the investigative jurisdiction of any Federal law enforcement agency other than a covered law enforcement agency; and
 (2)to affect any right of a State or unit of local government to exercise civil and criminal jurisdiction on Federal land.
				(f)Conforming amendments
 (1)Forest ServiceSection 15003 of the National Forest System Drug Control Act of 1986 (16 U.S.C. 559c) is repealed. (2)Bureau of land managementSection 303(c)(2) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(c)(2)) is amended by striking may authorize Federal personnel or and inserting shall authorize.


IB
Union Calendar No. 319
111th CONGRESS  2d Session
H. R. 3837
[Report No. 111–558]
IN THE HOUSE OF REPRESENTATIVES

October 15, 2009
Ms. Kilroy (for herself, Mr. Cuellar, Mr. Thompson of Mississippi, Mr. Pascrell, Ms. Clarke, Mr. DeFazio, Ms. Richardson, Ms. Norton, Mr. Sires, Ms. Jackson-Lee of Texas, Mr. Cleaver, and Ms. Titus) introduced the following bill; which was referred to the Committee on Homeland Security

July 22, 2010
Additional sponsors: Mr. Bishop of New York, Mr. Carney, Mrs. Kirkpatrick of Arizona, Mr. Reyes, Mr. Lance, Mr. Loebsack, Mr. Driehaus, Mr. Luján, Mr. Filner, Mr. Al Green of Texas, Mr. Langevin, Mr. Welch, Mr. Holden, Ms. Loretta Sanchez of California, and Mr. Himes

July 22, 2010
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic

A BILL
To amend the Homeland Security Act of 2002 to provide for clarification on the use of funds relating to certain homeland security grants, and for other purposes.

1.Short titleThis Act may be cited as the Strengthening and Updating Resources and Equipment Act or the SURE Act.
2.Clarification on use of funds relating to certain homeland security grants
(a)In generalSection 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended—
(1)in subsection (a)(4), by inserting before the semicolon at the end the following: , and any related maintenance agreements, user fees, or sustainment costs;
(2)in subsection (b)(3), by adding at the end the following new subparagraph:

(C)Equipment maintenanceWith respect to the use of amounts awarded to a grant recipient under section 2003 or 2004 for equipment purchase and maintenance costs, the Administrator may not—
(i)impose a limit on the amount of any such award that may be used to pay for such purchase and maintenance costs, including any costs referred to in subsection (a)(4); or
(ii)impose any additional limitation, including any fiscal year limitation, beyond the limitations described in the matter preceding paragraph (1) and in paragraph (4) of subsection (a), on the amount of any such award that may be used for a specific type, purpose, or category of equipment purchase or maintenance cost. .
(b)Effective dateThe amendments made by subsection (a) shall take effect on the date of the enactment of this section and shall apply to grants made under section 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605), in accordance with the provisions specified in section 2008 of such Act (6 U.S.C. 609), as amended by subsection (a) of this section, on or after October 1, 2008.

1.Short titleThis Act may be cited as the Strengthening and Updating Resources and Equipment Act or the SURE Act.
2.Clarification on use of funds relating to certain homeland security grants
(a)Equipment maintenance
(1)AmendmentsSection 2008 of the Homeland Security Act of 2002 (6 U.S.C. 609) is amended—
(A)in subsection (a)(4), by inserting before the semicolon at the end the following: , and any related maintenance agreements, user fees, or sustainment costs; and
(B)in subsection (b)(3), by adding at the end the following new subparagraph:

(C)Equipment maintenance
(i)In generalThe Administrator may not impose any time limitation, including any fiscal year limitation, on the use for covered maintenance costs of amounts awarded as a grant under section 2003 or 2004, that is in addition to the limitations described in this subsection
(ii)Covered maintenance costs definedIn this subparagraph the term covered maintenance costs means costs of maintenance and sustainment costs described in subsection (a)(4) associated with equipment purchased with grant funds provided under section 2003 or 2004 for a prior fiscal year..
(2)ApplicationThe amendments made by this subsection shall apply to grants made under section 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) on or after October 1, 2008.
(b)Specification of intended use in grant applications
(1)Urban Area Security Initiative grantsSection 2003(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 604(c)(2)) is amended by striking and after the semicolon at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ; and, and by adding at the end the following new subparagraph:

(D)specification of the amount of grant funds the high-risk urban area plans to allocate to maintain and sustain target capabilities, including equipment, that have been supported with prior fiscal year funds awarded under this section or section 2004..
(2)State Homeland Security grantsSection 2004(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 605(b)(2)) is amended by striking and after the semicolon at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting ; and, and by adding at the end the following new subparagraph:

(D)specification of the amount of grant funds the State plans to allocate to maintain and sustain target capabilities, including equipment, that have been supported with prior fiscal year funds awarded under this section or section 2003..
(c)Grant guidanceSection 2002 of the Homeland Security Act of 2002 (6 U.S.C. 603) is amended by adding at the end the following new subsection:

(d)Grant guidance
(1)In generalThe Administrator shall—
(A)not later than three months after the date of enactment of the Strengthening and Updating Resources and Equipment Act of 2009, issue guidance defining costs eligible to be paid with grants under sections 2003 and 2004 for equipment maintenance agreements, user fees, sustainment costs, and any other equipment-related costs, as the Administrator determines is appropriate; and
(B)review and update such guidance as necessary.
(2)Congressional briefingThe Administrator shall brief the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate not less than five days before issuing any guidance, or announcing the award of any grant, under section 2003 or 2004. .

July 22, 2010
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


115 S2259 IS: Access to Birth Control Act
U.S. Senate
2017-12-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 2259IN THE SENATE OF THE UNITED STATESDecember 20, 2017Mr. Booker (for himself, Mrs. Murray, Mr. Brown, Mr. Whitehouse, Ms. Baldwin, Mr. Franken, Mrs. Gillibrand, Mr. Kaine, Mrs. Shaheen, Mr. Blumenthal, Mr. Sanders, Ms. Hirono, Mr. Markey, Mr. Murphy, Mr. Van Hollen, Ms. Duckworth, Mr. Menendez, Mr. Merkley, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo establish certain duties for pharmacies to ensure provision of Food and Drug
			 Administration-approved contraception, medication related to
			 contraception, and for other purposes.

 1.Short titleThis Act may be cited as the Access to Birth Control Act.
 2.FindingsCongress finds as follows: (1)Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births.
 (2)As a result of the enactment of the Patient Protection and Affordable Care Act (Public Law 111–148), 62,400,000 women now have coverage of the full range of Food and Drug Administration-approved contraceptive methods without cost sharing.
 (3)The Patient Protection and Affordable Care Act saved women $1,400,000,000 on birth control pills alone in 2013.
 (4)Nearly 2/3 of women of reproductive age are currently using a contraceptive method. (5)Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations.
 (6)Each year, 2,800,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion.
 (7)Access to contraceptives at no cost has been found to contribute to significantly lower rates of unintended pregnancy and abortion.
 (8)Women who do not use contraception, women who have gaps in contraception, and women who use contraception inconsistently or incorrectly account for 95 percent of unintended pregnancies in the United States.
 (9)Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis.
 (10)The Food and Drug Administration has approved emergency contraception as safe and effective in preventing unintended pregnancy and has approved over-the-counter access to some forms of emergency contraception for all individuals, regardless of age. If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman’s chance of unintended pregnancy.
 (11)Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual’s personal beliefs.
 (12)Reports of pharmacists refusing to fill prescriptions for contraceptives or provide emergency contraception over-the-counter, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin.
			3.Duties of
			 pharmacies to ensure provision of FDA-approved contraception and
 medication related to contraceptionPart B of title II of the Public Health Service Act (42 U.S.C. 238 et seq.) is amended by adding at the end the following:

				249.Duties of
				pharmacies to ensure provision of FDA-approved contraception and
			 medication related to contraception
					(a)In
 GeneralSubject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following:
 (1)If a customer requests a contraceptive or a medication related to a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive or the medication related to a contraceptive is provided to the customer without delay.
 (2)If a customer requests a contraceptive or a medication related to a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception or the medication related to contraception, the pharmacy shall immediately inform the customer that the contraceptive or the medication related to a contraceptive is not in stock and without delay offer the customer the following options:
 (A)If the customer prefers to obtain the contraceptive or the medication related to a contraceptive through a referral or transfer, the pharmacy shall—
 (i)locate a pharmacy of the customer’s choice or the closest pharmacy confirmed to have the contraceptive or the medication related to a contraceptive in stock; and
 (ii)refer the customer or transfer the prescription to that pharmacy.
 (B)If the customer prefers for the pharmacy to order the contraceptive or the medication related to a contraceptive, the pharmacy shall obtain the contraceptive or the medication related to a contraceptive under the pharmacy’s standard procedure for expedited ordering of medication and notify the customer when the contraceptive or the medication related to a contraceptive arrives.
 (3)The pharmacy shall ensure that—
 (A)it does not operate an environment in which customers are intimidated, threatened, or harassed in the delivery of services relating to a request for contraception or a medication related to contraception;
 (B)its employees do not interfere with or obstruct the delivery of services relating to a request for contraception or a medication related to contraception;
 (C)its employees do not intentionally misrepresent or deceive customers about the availability of contraception or a medication related to contraception or its mechanism of action;
 (D)its employees do not breach medical confidentiality with respect to a request for a contraception or a medication related to contraception or threaten to breach such confidentiality; or
 (E)its employees do not refuse to return a valid, lawful prescription for a contraception or a medication related to contraception upon customer request.
 (b)Contraceptives or medication related to a contraceptive not ordinarily stockedNothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives or medication related to a contraceptive in the normal course of business.
					(c)Refusals
 Pursuant to Standard Pharmacy PracticeThis section does not prohibit a pharmacy from refusing to provide a contraceptive or a medication related to a contraceptive to a customer in accordance with any of the following:
 (1)If it is unlawful to dispense the contraceptive or the medication related to a contraceptive to the customer without a valid, lawful prescription and no such prescription is presented.
 (2)If the customer is unable to pay for the contraceptive or the medication related to a contraceptive.
 (3)If the employee of the pharmacy refuses to provide the contraceptive or the medication related to a contraceptive on the basis of a professional clinical judgment.
						(d)Relation to other laws
						(1)Rule of
 constructionNothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964.
 (2)Certain claimsThe Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.) shall not provide a claim concerning, or a defense to a claim under, a covered title, or provide a basis for challenging the application or enforcement of a covered title.
 (e)PreemptionThis section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section.
					(f)Enforcement
						(1)Civil
 penaltyA pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding.
						(2)Private cause of
 actionAny person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney’s fee and cost.
 (3)LimitationsA civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved.
 (g)DefinitionsIn this section:
 (1)The term contraception or contraceptive means any drug or device approved by the Food and Drug Administration to prevent pregnancy.
 (2)The term employee means a person hired, by contract or any other form of an agreement, by a pharmacy.
 (3)The term medication related to contraception or medication related to a contraceptive means any drug or device approved by the Food and Drug Administration that a medical professional determines necessary to use before or in conjunction with contraception or a contraceptive.
 (4)The term pharmacy means an entity that—
 (A)is authorized by a State to engage in the business of selling prescription drugs at retail; and
 (B)employs one or more employees.
 (5)The term product means a Food and Drug Administration-approved drug or device.
 (6)The term professional clinical judgment means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards.
 (7)The term without delay, with respect to a pharmacy providing, providing a referral for, or ordering contraception or a medication related to contraception, or transferring the prescription for contraception or a medication related to contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively.
						(h)Effective
 DateThis section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section..


		II

		109th CONGRESS

		1st Session

		S. 132

		IN THE SENATE OF THE UNITED STATES

			January 24, 2005

			Mr. Smith (for himself

			 and Mrs. Lincoln) introduced the

			 following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Internal Revenue Code of 1986 to allow a

		  deduction for premiums on mortgage insurance, and for other

		  purposes.

		1.Short titleThis Act may be cited as the

			 Mortgage Insurance Fairness

			 Act.

		2.Premiums for

			 mortgage insurance

			(a)In

			 generalParagraph (3) of section 163(h) of the Internal Revenue

			 Code of 1986 (relating to qualified residence interest) is amended by adding

			 after subparagraph (D) the following new subparagraph:

					(E)Mortgage

				insurance premiums treated as interest

						(i)In

				generalPremiums paid or accrued for qualified mortgage insurance

				by a taxpayer during the taxable year in connection with acquisition

				indebtedness with respect to a qualified residence of the taxpayer shall be

				treated for purposes of this subsection as qualified residence interest.

						(ii)PhaseoutThe

				amount otherwise allowable as a deduction under clause (i) shall be reduced

				(but not below zero) by 10 percent of such amount for each $1,000 ($500 in the

				case of a married individual filing a separate return) (or fraction thereof)

				that the taxpayer’s adjusted gross income for the taxable year exceeds $100,000

				($50,000 in the case of a married individual filing a separate return).

						.

			(b)Definition and

			 special rulesParagraph (4) of section 163(h) of the Internal

			 Revenue Code of 1986 (relating to other definitions and special rules) is

			 amended by adding at the end the following new subparagraphs:

					(E)Qualified

				mortgage insuranceThe term qualified mortgage

				insurance means—

						(i)mortgage

				insurance provided by the Veterans Administration, the Federal Housing

				Administration, or the Rural Housing Administration, and

						(ii)private mortgage

				insurance (as defined by section 2 of the Homeowners Protection Act of 1998

				(12 U.S.C.

				4901), as in effect on the date of the enactment of this

				subparagraph).

						(F)Special rules

				for prepaid qualified mortgage insuranceAny amount paid by the

				taxpayer for qualified mortgage insurance that is properly allocable to any

				mortgage the payment of which extends to periods that are after the close of

				the taxable year in which such amount is paid shall be chargeable to capital

				account and shall be treated as paid in such periods to which so allocated. No

				deduction shall be allowed for the unamortized balance of such account if such

				mortgage is satisfied before the end of its term. The preceding sentences shall

				not apply to amounts paid for qualified mortgage insurance provided by the

				Veterans Administration or the Rural Housing Administration.

					.

			3.Information

			 returns relating to mortgage insuranceSection 6050H of the Internal Revenue Code

			 of 1986 (relating to returns relating to mortgage interest received in trade or

			 business from individuals) is amended by adding at the end the following new

			 subsection:

				(h)Returns

				relating to mortgage insurance premiums

					(1)In

				generalThe Secretary may prescribe, by regulations, that any

				person who, in the course of a trade or business, receives from any individual

				premiums for mortgage insurance aggregating $600 or more for any calendar year,

				shall make a return with respect to each such individual. Such return shall be

				in such form, shall be made at such time, and shall contain such information as

				the Secretary may prescribe.

					(2)Statement to be

				furnished to individuals with respect to whom information is

				requiredEvery person required to make a return under paragraph

				(1) shall furnish to each individual with respect to whom a return is made a

				written statement showing such information as the Secretary may prescribe. Such

				written statement shall be furnished on or before January 31 of the year

				following the calendar year for which the return under paragraph (1) was

				required to be made.

					(3)Special

				rulesFor purposes of this subsection—

						(A)rules similar to

				the rules of subsection (c) shall apply, and

						(B)the term

				mortgage insurance means—

							(i)mortgage

				insurance provided by the Veterans Administration, the Federal Housing

				Administration, or the Rural Housing Administration, and

							(ii)private mortgage

				insurance (as defined by section 2 of the Homeowners Protection Act of 1998

				(12 U.S.C.

				4901), as in effect on the date of the enactment of this

				subsection).

							.

		4.Effective

			 dateThe amendments made by

			 this Act shall apply to amounts paid or accrued after the date of enactment of

			 this Act in taxable years ending after such date.


115 HR 5807 IH: SUD CARE Act
U.S. House of Representatives
2018-05-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5807IN THE HOUSE OF REPRESENTATIVESMay 15, 2018Mr. Mullin (for himself and Mr. Blumenauer) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Controlled Substances Act to allow for more flexibility with respect to
			 medication-assisted treatment for opioid use disorders and to amend the
			 Public Health Service Act to protect the confidentiality of substance use
			 disorder patient records.

 1.Short titleThis Act may be cited as the Substance Use Disorder Coordination, Access, Recovery Enhancement Act of 2018 or the SUD CARE Act. 2.Allowing for more flexibility with respect to medication-assisted treatment for opioid use disorders (a)Conforming applicable numberSubclause (II) of section 303(g)(2)(B)(iii) of the Controlled Substances Act (21 U.S.C. 823(g)(2)(B)(iii)) is amended to read as follows:

 (II)The applicable number is— (aa)100 if, not sooner than 1 year after the date on which the practitioner submitted the initial notification, the practitioner submits a second notification to the Secretary of the need and intent of the practitioner to treat up to 100 patients;
 (bb)100 if the practitioner holds additional credentialing, as defined in section 8.2 of title 42, Code of Federal Regulations (or successor regulations); or
 (cc)100 if the practitioner provides medication-assisted treatment (MAT) using covered medications (as defined in section 8.2 of title 42, Code of Federal Regulations (or successor regulations)) in a qualified practice setting (as described in section 8.615 of title 42, Code of Federal Regulations (or successor regulations)).
						.
			(b)Extending the time limitation for nurse practitioners and physician assistants To become qualifying
 practitionersSection 303(g)(2)(G)(iii)(II) of the Controlled Substances Act (21 U.S.C. 823(g)(2)(G)(iii)(II)) is amended by striking 2021 and inserting 2028.
			3.Confidentiality and disclosure of records relating to substance use disorder
 (a)Conforming changes relating to substance use disorderSubsections (a) and (h) of section 543 of the Public Health Service Act (42 U.S.C. 290dd–2) are each amended by striking substance abuse and inserting substance use disorder.
 (b)Disclosures to covered entities consistent with HIPAAParagraph (2) of section 543(b) of the Public Health Service Act (42 U.S.C. 290dd–2(b)) is amended by adding at the end the following:

 (D)To a covered entity or to a program or activity described in subsection (a), for the purposes of treatment, payment, and health care operations, so long as such disclosure is made in accordance with HIPAA privacy regulation. Any redisclosure of information so disclosed may only be made in accordance with this section..
 (c)Disclosures of de-Identified health information to public health authoritiesParagraph (2) of section 543(b) of the Public Health Service Act (42 U.S.C. 290dd–2(b)), as amended by subsection (b), is further amended by adding at the end the following:

 (E)To a public health authority, so long as such content does not include any individually identifiable health information and meets the standards established in section 164.514 of title 45, Code of Federal Regulations (or successor regulations) for creating de-identified information..
 (d)DefinitionsSubsection (b) of section 543 of the Public Health Service Act (42 U.S.C. 290dd–2) is amended by adding at the end the following:

 (3)DefinitionsFor purposes of this subsection: (A)Covered entityThe term covered entity has the meaning given such term for purposes of HIPAA privacy regulation.
 (B)Health care operationsThe term health care operations has the meaning given such term for purposes of HIPAA privacy regulation. (C)HIPAA privacy regulationThe term HIPAA privacy regulation has the meaning given such term under section 1180(b)(3) of the Social Security Act.
 (D)Individually identifiable health informationThe term individually identifiable health information has the meaning given such term for purposes of HIPAA privacy regulation. (E)PaymentThe term payment has the meaning given such term for purposes of HIPAA privacy regulation.
 (F)Public health authorityThe term public health authority has the meaning given such term for purposes of HIPAA privacy regulation. (G)TreatmentThe term treatment has the meaning given such term for purposes of HIPAA privacy regulation..
 (e)Use of records in criminal, civil, or administrative investigations, actions, or proceedingsSubsection (c) of section 543 of the Public Health Service Act (42 U.S.C. 290dd–2) is amended to read as follows:

 (c)Use of records in criminal, civil, or administrative contextsExcept as otherwise authorized by a court order under subsection (b)(2)(C) or by the consent of the patient, a record referred to in subsection (a) may not—
 (1)be entered into evidence in any criminal prosecution or civil action before a Federal or State court;
 (2)form part of the record for decision or otherwise be taken into account in any proceeding before a Federal agency;
 (3)be used by any Federal, State, or local agency for a law enforcement purpose or to conduct any law enforcement investigation of a patient; or
 (4)be used in any application for a warrant.. (f)PenaltiesSubsection (f) of section 543 of the Public Health Service Act (42 U.S.C. 290dd–2) is amended to read as follows:

 (f)PenaltiesThe provisions of section 1176 of the Social Security Act shall apply to a violation of this section to the extent and in the same manner as such provisions apply to a violation of part C of title XI of such Act. In applying the previous sentence—
 (1)the reference to this subsection in subsection (a)(2) of such section 1176 shall be treated as a reference to this subsection (including as applied pursuant to section 543(f) of the Public Health Service Act); and (2)in subsection (b) of such section 1176—
 (A)each reference to a penalty imposed under subsection (a) shall be treated as a reference to a penalty imposed under subsection (a) (including as applied pursuant to section 543(f) of the Public Health Service Act); and
 (B)each reference to no damages obtained under subsection (d) shall be treated as a reference to no damages obtained under subsection (d) (including as applied pursuant to section 543(f) of the Public Health Service Act)..
 (g)AntidiscriminationSection 543 of the Public Health Service Act (42 U.S.C. 290dd–2) is amended by adding at the end the following:

					(i)Antidiscrimination
 (1)In generalNo entity shall discriminate against an individual on the basis of information received by such entity pursuant to a disclosure made under subsection (b) in—
 (A)admission or treatment for health care; (B)hiring or terms of employment;
 (C)the sale or rental of housing; or (D)access to Federal, State, or local courts.
 (2)Recipients of Federal fundsNo recipient of Federal funds shall discriminate against an individual on the basis of information received by such recipient pursuant to a disclosure made under subsection (b) in affording access to the services provided with such funds..
 (h)Notification in case of breachSection 543 of the Public Health Service Act (42 U.S.C. 290dd–2), as amended by subsection (g), is further amended by adding at the end the following:

					(j)Notification in case of breach
 (1)Application of HITECH notification of breach provisionsThe provisions of section 13402 of the HITECH Act (42 U.S.C. 17932) shall apply to a program or activity described in subsection (a), in case of a breach of records described in subsection (a), to the same extent and in the same manner as such provisions apply to a covered entity in the case of a breach of unsecured protected health information.
 (2)DefinitionsIn this subsection, the terms covered entity and unsecured protected health information have the meanings given to such terms for purposes of such section 13402.. (i)Sense of CongressIt is the sense of the Congress that any person treating a patient through a program or activity with respect to which the confidentiality requirements of section 543 of the Public Health Service Act (42 U.S.C. 290dd–2) apply should access the applicable State-based prescription drug monitoring program as a precaution against substance use disorder.
 (j)RegulationsThe Secretary of Health and Human Services, in consultation with appropriate Federal agencies, shall make such revisions to regulations as may be necessary for implementing and enforcing the amendments made by this section, such that such amendments shall apply with respect to uses and disclosures of information occurring on or after the date that is 12 months after the date of enactment of this Act.
			(k)Development and dissemination of model training programs for substance use disorder patient records
 (1)Initial programs and materialsNot later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (referred to in this subsection as the Secretary), in consultation with appropriate experts, shall identify the following model programs and materials (or if no such programs or materials exist, recognize private or public entities to develop and disseminate such programs and materials):
 (A)Model programs and materials for training health care providers (including physicians, emergency medical personnel, psychiatrists, psychologists, counselors, therapists, nurse practitioners, physician assistants, behavioral health facilities and clinics, care managers, and hospitals, including individuals such as general counsels or regulatory compliance staff who are responsible for establishing provider privacy policies) concerning the permitted uses and disclosures, consistent with the standards and regulations governing the privacy and security of substance use disorder patient records promulgated by the Secretary under section 543 of the Public Health Service Act (42 U.S.C. 290dd–2), as amended by this section, for the confidentiality of patient records.
 (B)Model programs and materials for training patients and their families regarding their rights to protect and obtain information under the standards and regulations described in subparagraph (A).
 (2)RequirementsThe model programs and materials described in subparagraphs (A) and (B) of paragraph (1) shall address circumstances under which disclosure of substance use disorder patient records is needed to—
 (A)facilitate communication between substance use disorder treatment providers and other health care providers to promote and provide the best possible integrated care;
 (B)avoid inappropriate prescribing that can lead to dangerous drug interactions, overdose, or relapse; and
 (C)notify and involve families and caregivers when individuals experience an overdose. (3)Periodic updatesThe Secretary shall—
 (A)periodically review and update the model programs and materials identified or developed under paragraph (1); and
 (B)disseminate such updated programs and materials to the individuals described in paragraph (1)(A). (4)Input of certain entitiesIn identifying, reviewing, or updating the model programs and materials under this subsection, the Secretary shall solicit the input of relevant stakeholders.


110 HR 5381 IH: To extend the temporary suspension of duty on Methyl

U.S. House of Representatives
2008-02-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5381
		IN THE HOUSE OF REPRESENTATIVES

			February 12, 2008
			Mr. Brown of South
			 Carolina introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To extend the temporary suspension of duty on Methyl
		  cinnamate.

		1.Methyl cinnamate
			(a)In
			 generalHeading 9902.05.04 of
			 the Harmonized Tariff Schedule of the United States (relating to Methyl
			 cinnamate) is amended by striking the date in the effective period column and
			 inserting 12/31/2011.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


110 HRES 182 EH: Commending and congratulating Virginia State University on the occasion of its 125th anniversary.
U.S. House of Representatives
2007-03-06
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.

IV
110th CONGRESS
1st Session
H. RES. 182
In the House of Representatives, U. S.,

March 6, 2007

RESOLUTION
Commending and congratulating Virginia State University on the occasion of its 125th anniversary.

Whereas Virginia State University, overlooking the Appomattox River in the Town of Ettrick in Chesterfield County, will celebrate its 125th anniversary in 2007;
Whereas Virginia State University (VSU) was founded on March 6, 1882, as the Virginia Normal and Collegiate Institute, making it the first fully State-supported 4-year institution of higher learning for black Americans and one of Virginia’s two land-grant institutions;
Whereas since its humble beginnings, Virginia State University has responded to the needs of Virginians as a dynamic institution offering an accessible, affordable, quality education;
Whereas with an enrollment of nearly 5,000, VSU students live and attend classes on a beautiful 236-acre main campus with more than 50 buildings, including 15 dormitories, 16 classroom buildings, and a 416-acre agricultural research facility;
Whereas the first president of Virginia State University was John Mercer Langston, who became the first African American elected to Congress from Virginia;
Whereas Virginia State University has an exemplary and dedicated faculty and staff, who are committed to offering their students the personal attention that smaller institutions can offer;
Whereas Virginia State University’s academic programs include the Bridges to Baccalaureate program for students transferring from 2-year colleges who want to major in the sciences, the Ronald E. McNair Scholars Program for students planning to pursue doctoral degrees, and the Honda Campus All-Star Challenge;
Whereas Virginia State University offers 45 baccalaureate and master’s degree programs within its 5 schools (the School of Agriculture, School of Business, School of Engineering, Science, and Technology, School of Liberal Arts and Education, and the School of Graduate Studies, Research, and Outreach), and a Certificate of Advanced Study may also be earned from each school;
Whereas honors scholarships are available to entering VSU freshmen, including the Presidential and Provost Scholarships;
Whereas in 2003 Virginia State University introduced its first doctoral program and 12 enthusiastic students enrolled in the new Doctor of Education in Administration and Supervision program;
Whereas in 2005 Virginia State University began a vital new nursing degree program, an important initiative that will train nurses to meet the urgent demand for qualified medical professionals in the hospitals and clinics of Southside Virginia;
Whereas the School of Graduate Studies, Research and Outreach allows students, often working adults with diverse professional and educational backgrounds, to more conveniently continue their education on a full-time or part-time basis; the school also provides workshops, seminars, and credit courses on campus and at sites in Richmond, Emporia, Petersburg, Chesterfield, Dinwiddie, Henrico, and other Southside Virginia locations; and
Whereas Virginia State University has a long and rich history and has grown and changed considerably since 1882, and it continues that growth today, enriching individual lives, the surrounding community, and the Commonwealth through excellent teaching and innovative and engaging programs of study: Now, therefore, be it

That the House of Representatives commends and congratulates Virginia State University on the occasion of its 125th anniversary.

Lorraine C. Miller,Clerk.


114 HR 2179 IH: Partnerships to Advance Revolutionary Technology and Novel Entrepreneurial Research Act
U.S. House of Representatives
2015-04-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 2179
IN THE HOUSE OF REPRESENTATIVES

April 30, 2015
Mr. Meehan (for himself, Mr. Neal, Mr. Kelly of Pennsylvania, Mr. Kind, and Mr. Larson of Connecticut) 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 provide an exception from the passive loss rules for investments in high technology research small business pass-thru entities.

1.Short title This Act may be cited as the Partnerships to Advance Revolutionary Technology and Novel Entrepreneurial Research Act or the PARTNER Act. 2.Exception from passive loss rules for investments in high technology research small business pass-thru entities (a)In generalSubsection (c) of section 469 of the Internal Revenue Code of 1986 is amended by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively, and by inserting after paragraph (3) the following new paragraph:

(4)High technology research activities
(A)In generalThe term passive activity shall not include any qualified research activity of the taxpayer carried on by a high technology research small business pass-thru entity. (B)Treatment of losses and deductions (i)In generalLosses or deductions of a taxpayer in connection with qualified research activities carried on by a high technology research small business pass-thru entity shall not be treated as losses or deductions, respectively, from a passive activity except as provided in clause (ii) and subparagraph (C).
(ii)LimitationClause (i) shall apply to losses and deductions of a taxpayer in connection with a high technology small business pass-thru entity for a taxable year only to the extent that the aggregate losses and deductions of the taxpayer in connection with qualified research activities of such entity for such taxable year do not exceed the portion of the taxpayer’s adjusted basis in the taxpayer’s ownership interest in such entity that is attributable to money or other property contributed— (I)in exchange for such ownership interest, and
(II)specifically for use in connection with qualified research activities.For purposes of the preceding sentence, the taxpayer’s basis shall not include any portion of such basis which is attributable to an increase in a partner’s share of the liabilities of a partnership that is considered under section 752(a) as a contribution of money. (C)Treatment of carryoversSubparagraph (B)(i) shall not apply to the portion of any loss or deduction that is carried over under subsection (b) into a taxable year other than the taxable year in which such loss or deduction arose.
(D)Qualified research activityFor purposes of this paragraph, the term qualified research activity means any activity constituting qualified research (within the meaning of section 41(d)(1)(B) and taking into account paragraphs (3) and (4) of section 41(d)) which involves a process of experimentation. (E)High technology research small business pass-thru entityFor purposes of this paragraph, the term high technology research small business pass-thru entity means any domestic pass-thru entity for any taxable year if—
(i)either— (I)more than 75 percent of the entity’s expenditures (including salaries, rent and overhead) for such taxable year are paid or incurred in connection with qualified research (within the meaning of section 41(d)(1)(B), taking into account paragraphs (3) and (4) of section 41(d)) that involves a process of experimentation conducted by the entity, or
(II)more than 50 percent of the entity’s expenditures for such taxable year constitute qualified research expenses (as defined in section 41(b), but determined without regard to the phrase 65 percent of in paragraph (3)(A) thereof), (ii)such entity is a small business (within the meaning of section 41(b)(3)(D)(iii), applied by substituting 250 for 500 in subclause (I) thereof), and
(iii)at no time during the taxable year does the entity have aggregate gross assets in excess of $150,000,000. (F)Provisions related to aggregate gross assets limitationFor purposes of this paragraph—
(i)In generalExcept as otherwise provided in this subparagraph, the term aggregate gross assets has the meaning given such term in section 1202(d)(2). (ii)Exception for certain intangiblesAny section 197 intangible (as defined in section 197(d) and determined without regard to section 197(e)) which is used directly in connection with the research referred to in subparagraph (E)(i) shall not be taken into account in determining aggregate gross assets.
(iii)Exception for certain follow-on investmentsCash from a sale of equity interests shall not be taken into account in determining aggregate gross assets if— (I)the aggregate gross assets of such entity (determined immediately after such sale and without regard to this clause) do not exceed the sum of $150,000,000, plus 25 percent of the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause), and
(II)the aggregate gross assets of such entity (determined immediately before such sale and without regard to this clause) do not exceed $150,000,000.Sales of equity interests which are part of the same plan or arrangement, or which are carried out with the principal purpose of increasing the amount of cash to which this clause applies (determined without regard to this sentence), shall be treated as a single sale for purposes of this clause. (iv)Inflation adjustmentIn the case of any taxable year beginning after 2015, the $150,000,000 amount in subparagraph (E)(iii) and subclauses (I) and (II) of clause (iii) shall each be increased by an amount equal to—
(I)such dollar amount, multiplied by (II)the cost of living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins determined by substituting calendar year 2014 for calendar year 1992 in subparagraph (B) thereof.Any increase determined under the preceding sentence shall be rounded to the nearest $100,000.
(G)Capital expenditures taken into account for expenditures testAn expenditure shall not fail to be taken into account under subparagraph (E)(i) merely because such expenditure is chargeable to capital account. (H)Pass-thru entityFor purposes of this paragraph, the term pass-thru entity means any partnership, S corporation, or other entity identified by the Secretary as a pass-thru entity for purposes of this paragraph.
(I)Aggregation rules
(i)In generalAll persons treated as a single employer under subsection (a) or (b) of section 52, or subsection (m) or (o) of section 414, shall be treated as a single entity for purposes of subparagraphs (E) and (F)(iii). (ii)Limitation where entity would not qualifyNo entity shall be treated as a high technology research small business pass-thru entity unless such entity qualifies as such both with and without the application of clause (i).
(J)Activities not engaged in for profit and economic substance rulesSection 183 and the economic substance rules of section 7701(o) shall not apply to disallow the losses, deductions, and credits of a high technology research small business pass-thru entity solely as a result of losses incurred by such entity.. (b)Material participation not requiredParagraph (5) of section 469(c) of the Internal Revenue Code of 1986, as redesignated by subsection (a), is amended by striking and (3) in the heading and text and inserting , (3), and (4).
(c)Certain research-Related deductions and credits of high technology research small business pass-Thru entities allowed for purposes of determining alternative minimum tax
(1)Deduction for research and experimental expendituresParagraph (2) of section 56(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:  (E)Exception for high technology research small business pass-thru entitiesIn the case of a high technology research small business pass-thru entity (as defined in section 469(c)(4)), this paragraph shall not apply to any amount allowable as a deduction under section 174(a)..
(2)Allowance of certain research-related creditsSubparagraph (B) of section 38(c)(4) of such Code is amended by redesignating clauses (ii) through (ix) as clauses (iii) through (x), respectively, and by inserting after clause (i) the following new clause:  (ii)the credit of an individual taxpayer determined under section 41 to the extent attributable to a high technology research small business pass-thru entity (as defined in section 469(c)(4)),.
(d)Exception to limitation on pass-Thru of research creditSubsection (g) of section 41 of such Code is amended by adding at the end the following: Paragraphs (2) and (4) shall not apply with respect to any high technology research small business pass-thru entity (as defined in section 469(c)(4)).. (e)Effective dateThe amendments made by this section shall apply to losses and credits arising in taxable years beginning after December 31, 2014.


		One Hundred Tenth Congress of the United States of
		  America
		2d SessionBegun and held at the City of Washington on Thursday, the third
		day of January, two thousand and eight
		S. 2110
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To designate the facility of the United
		  States Postal Service located at 427 North Street in Taft, California, as the
		  Larry S. Pierce Post Office.

		1.Larry S. Pierce Post Office
			(a)DesignationThe facility of the United States Postal
			 Service located at 427 North Street in Taft, California, shall be known and
			 designated as the Larry S. Pierce Post Office.
			(b)ReferencesAny reference in a law, map, regulation,
			 document, paper, or other record of the United States to the facility referred
			 to in subsection (a) shall be deemed to be a reference to the Larry S.
			 Pierce Post Office.

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


		I
		112th CONGRESS
		2d Session
		H. R. 4241
		IN THE HOUSE OF REPRESENTATIVES

			March 22, 2012
			Mr. Sam Johnson of
			 Texas (for himself and Mr. Larson of
			 Connecticut) 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 provide tax
		  benefits to individuals who have been wrongfully incarcerated.

		1.Short titleThis Act may be cited as the
			 Wrongful Convictions Tax Relief Act of
			 2012.
		2.Exclusion for
			 wrongfully incarcerated individuals
			(a)In
			 generalPart III of subchapter B of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by inserting before section 140 the following
			 new section:

					139F.Certain
				amounts received by wrongfully incarcerated individuals
						(a)Exclusion from
				gross incomeIn the case of any wrongfully incarcerated
				individual, gross income shall not include any civil damages, restitution, or
				other monetary award (including compensatory or statutory damages and
				restitution imposed in a criminal matter) relating to the incarceration of such
				individual for the covered offense for which such individual was
				convicted.
						(b)Wrongfully
				incarcerated individualFor purposes of this section, the term
				wrongfully incarcerated individual means an individual—
							(1)who was convicted
				of a covered offense,
							(2)who served all or
				part of a sentence of imprisonment relating to that covered offense, and
							(3)(A)who was pardoned,
				granted clemency, or granted amnesty for that covered offense because that
				individual was innocent of that covered offense, or
								(B)(i)for whom the judgment of
				conviction for that covered offense was reversed or vacated, and
									(ii)for whom the indictment, information,
				or other accusatory instrument for that covered offense was dismissed or who
				was found not guilty at a new trial after the judgment of conviction for that
				covered offense was reversed or vacated.
									(c)Covered
				offenseFor purposes of this section, the term covered
				offense means any criminal offense under Federal or State law, and
				includes any criminal offense arising from the same course of conduct as that
				criminal
				offense.
						.
			(b)Conforming
			 amendmentThe table of sections for part III of subchapter B of
			 chapter 1 of such Code is amended by inserting after the item relating to
			 section 139E the following new item:

						Sec. 139F. Certain amounts received by wrongfully incarcerated
				individuals.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning before, on, or after the date of the enactment of this
			 Act.
			(d)Waiver of
			 limitationsIf the credit or
			 refund of any overpayment of tax resulting from the application of this Act to
			 a period before the date of enactment of this Act is prevented as of such date
			 by the operation of any law or rule of law (including res judicata), such
			 credit or refund may nevertheless be allowed or made if the claim therefor is
			 filed before the close of the 1-year period beginning on the date of the
			 enactment of this Act.


I114th CONGRESS2d SessionH. R. 5706IN THE HOUSE OF REPRESENTATIVESJuly 8, 2016Mr. Wenstrup introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, with respect to the state of mind required for certain offenses involving defense information, and for other purposes.
 That section 793(f)(1) of title 18, United States Code, is amended by striking through gross negligence.