116 S4935 IS: American Worker Holiday Relief Act of 2020
U.S. Senate
2020-11-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4935IN THE SENATE OF THE UNITED STATESNovember 30, 2020Mr. Wyden (for himself, Mr. Schumer, Mr. Bennet, Mr. Brown, and Mr. Reed) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo provide continued assistance to unemployed workers.1.Short title; table of contents(a)Short titleThis Act may be cited as the American Worker Holiday Relief Act of 2020.(b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.TITLE I—Extensions of CARES Act Unemployment Benefits for WorkersSec. 101. Extension of Federal Pandemic Unemployment Compensation.Sec. 102. Extension of pandemic unemployment assistance.Sec. 103. Extension and expansion of the pandemic emergency unemployment compensation program.Sec. 104. Extension of temporary financing of short-time compensation payments in States with programs in law.Sec. 105. Extension of temporary financing of short-time compensation agreements.Sec. 106. Extension of full Federal funding of the first week of compensable regular unemployment for States with no waiting week.TITLE II—Tax Withholding Option for Unemployment BenefitsSec. 201. Application of FUTA requirement to permit individuals to request that Federal income tax be withheld.TITLE III—Clarifications and Improvements to Pandemic Unemployment AssistanceSec. 301. Clarification of Pandemic Unemployment Assistance eligibility for primary caregiving.Sec. 302. Waiver authority for certain overpayments of Pandemic Unemployment Assistance.Sec. 303. Clarification of access to Pandemic Unemployment Assistance for workers at businesses that reduced staff due to the pandemic.Sec. 304. Hold Harmless for Pandemic Unemployment Assistance.Sec. 305. Clarification of access to Pandemic Unemployment Assistance for workers with unsafe workplaces.Sec. 306. Clarification of access to Pandemic Unemployment Assistance for workers who are self-quarantining in accordance with CDC guidelines.Sec. 307. Clarification of access to Pandemic Unemployment Assistance for workers who had to reduce or suspend customary work activities.Sec. 308. Clarification of continued access to Pandemic Unemployment Assistance.Sec. 309. State flexibility in establishing income.TITLE IV—Extension of Relief to States and EmployersSec. 401. Extension of full Federal funding of extended unemployment compensation.Sec. 402. Extension of temporary assistance for States with advances.Sec. 403. Extension of emergency relief for governmental entities and nonprofit organizations.TITLE V—Corrective Action for Processing BacklogsSec. 501. State reporting on claims backlogs.TITLE VI—Pandemic Unemployment Assistance for Mixed EarnersSec. 601. Coverage of mixed-income individuals.TITLE VII—Technical CorrectionsSec. 701. Grace Period for Full Financing of Short-Time Compensation Programs.Sec. 702. Technical correction for the Commonwealth of Northern Mariana Islands.Sec. 703. Technical amendment relating to Pandemic Unemployment Assistance.IExtensions of CARES Act Unemployment Benefits for Workers101.Extension of Federal Pandemic Unemployment Compensation(a)In generalSection 2104(e) of division A of the CARES Act (15 U.S.C. 9023(e)) is amended to read as follows: (e)Applicability(1)In generalAn agreement entered into under this section shall apply—(A)to weeks of unemployment beginning after the date on which such agreement is entered into and ending on or before July 31, 2020; and(B)to weeks of unemployment beginning after September 5, 2020 (or, if later, the date on which such agreement is entered into), and ending on or before October 4, 2021.(2)Transition rule for individuals remaining entitled to regular compensation as of October 4, 2021In the case of any individual who, as of the date specified in paragraph (1)(B), has not yet exhausted all rights to regular compensation under the State law of a State with respect to a benefit year that began before such date, Federal Pandemic Unemployment Compensation shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for regular compensation with respect to such benefit year.(3)TerminationNotwithstanding any other provision of this subsection, no Federal Pandemic Unemployment Compensation shall be payable for any week beginning after January 3, 2022..(b)Disregard of Federal Pandemic Unemployment Compensation for certain purposesSection 2104(h) of division A of the CARES Act (15 U.S.C. 9023(h)) is amended to read as follows:(h)Disregard of Federal Pandemic Unemployment Compensation for purposes of all Federal and Federally assisted programsA Federal Pandemic Unemployment Compensation payment shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient’s spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds..(c)Effective dateThe amendments made by this section shall take effect as if included in the enactment of the CARES Act (Public Law 116–136).102.Extension of pandemic unemployment assistance(a)In generalSection 2102 of division A of the CARES Act (15 U.S.C. 9021) is amended—(1)in subsection (c)—(A)in paragraph (1)(A)(ii), by striking December 31, 2020 and inserting the applicable end date described in section 2107(g)(2); and(B)by amending paragraph (2) to read as follows:(2)Limitation on duration of assistance(A)In generalThe total number of weeks for which a covered individual may receive assistance under this section shall not exceed 65 weeks and such total shall include any week for which the covered individual received regular compensation or extended benefits under any Federal or State law, or pandemic emergency unemployment compensation under section 2107, except that if after March 27, 2020, the extended benefit period or high unemployment period is triggered under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) or an emergency benefit period is triggered under section 2107, the 65-week period described in this paragraph shall be extended by—(i)in the case of an extended benefit period or high unemployment period triggered under the Federal-State Extended Unemployment Compensation Act of 1970, the number of weeks that is equal to the number of weeks of extended benefits available under such Act in the State in which the individual is filing; and(ii)in the case of an emergency benefit period triggered under section 2107, the number of weeks that is equal to the additional number of weeks (through augmentation) available under paragraphs (4), (5), and (6) of section 2107(b) in the State in which the individual is filing.(B)Extension of assistanceFor the purpose of an extension of the 65-week period under subparagraph (A), the following rules shall apply:(i)Transition period Section 2107(g)(3) shall apply to any extension of assistance under subparagraph (A).(ii)Accounts and grandfatheringIn determining the number of weeks available for a covered individual under an extension described in subparagraph (A)(ii), the Secretary shall apply rules that are the same as the rules described in paragraphs (4), (5), and (6) of section 2107(b), including with respect to accounts and grandfathering.; and(2)by adding at the end the following:(i)Unemployment rate calculation for certain territoriesIn the case of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, the following rules shall apply:(1)For the purposes of subsection (c)(1)(A)(ii) of this section, the Secretary shall determine the total unemployment rate of the territory in a manner similar to the manner under section 2107(g)(2).(2)For the purpose of subsection (c)(2)(B) of this section, the Secretary shall determine the total unemployment rate of the territory in a manner similar to the manner under paragraphs (4), (5), and (6) of section 2107(b)..(b)Hold harmless for proper administrationIn the case of an individual who is eligible to receive pandemic unemployment assistance under section 2102 of division A of the CARES Act (15 U.S.C. 9021) as of the day before the date of enactment of this Act and on the date of enactment of this Act becomes eligible for pandemic emergency unemployment compensation under section 2107 of division A of the CARES Act (15 U.S.C. 9025) by reason of the amendments made by section 103(b) of this Act, any payment of pandemic unemployment assistance under section such 2102 made after the date of enactment of this Act to such individual during an appropriate period of time, as determined by the Secretary of Labor, that should have been made under such section 2107 shall not be considered to be an overpayment of assistance under such section 2102. 103.Extension and expansion of the pandemic emergency unemployment compensation program(a)ExtensionSection 2107(g) of division A of the CARES Act (15 U.S.C. 9025(g)) is amended to read as follows:(g)Applicability(1)In generalSubject to paragraphs (2) and (3), an agreement entered into under this section shall apply, with respect to a State, to weeks of unemployment—(A)beginning after the date on which such agreement is entered into; and(B)ending on or before the applicable end date described in paragraph (2).(2)Applicable end date(A)In generalThe applicable end date described in this paragraph with respect to a State is the first date (after the date the State entered into an agreement under this section) that the State has not been in an emergency benefit period described in subparagraph (B) for 13 consecutive weeks.(B)Emergency benefit periodFor purposes of subparagraph (A), a State shall be considered to be in an emergency benefit period, as of any given day, if—(i)an extended benefit period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) if—(I)section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and(II)such section 203(f)—(aa)were applied by substituting 5.5 for 6.5 in paragraph (1)(A)(i) thereof; and(bb)did not include the requirement under paragraph (1)(A)(ii) thereof; or(ii)the average national unemployment rate (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before such day equals or exceeds 5.5 percent. (3)Transition for amount remaining in account(A)In generalSubject to subparagraph (B), in the case of an individual who has amounts remaining in an account established under subsection (b) as of the last day of the last week (as determined in accordance with the applicable State law) ending on or before the applicable end date described in paragraph (2), pandemic emergency unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such date for which the individual meets the eligibility requirements of this section.(B)LimitationNo compensation shall be payable by reason of paragraph (1) for any week beginning after the date that is 13 weeks after the applicable end date described in paragraph (2). .(b)ExpansionSection 2107(b) of division A of the CARES Act (15 U.S.C. 9025(b)) is amended—(1)by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and(2)by adding at the end the following new paragraphs:(3)First-tier pandemic emergency unemployment compensationThe amount established in an account under paragraph (1) shall be equal to 39 times the individual's average weekly benefit amount, which includes the amount of Federal Pandemic Unemployment Compensation under section 2104, for the benefit year. (4)Second-tier pandemic emergency unemployment compensation(A)In generalIf, at the time that the amount added to an individual's account under paragraph (3) (in this section referred to as first-tier pandemic emergency unemployment compensation) is exhausted, or at any time thereafter, such individual's State is in a second-tier pandemic elevated benefit period (as determined under subparagraph (B)), such account shall be augmented by an amount (in this section referred to as second-tier pandemic emergency unemployment compensation) equal to 13 times the individual's average weekly benefit amount, which includes the amount of Federal Pandemic Unemployment Compensation under section 2104, for the benefit year.(B)Second-tier pandemic elevated benefit period benefit periodFor purposes of subparagraph (A), a State shall be considered to be in a second-tier pandemic elevated benefit period, as of any given time, if an extended benefit period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) if—(i)section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and(ii)such section 203(f) did not include the requirement under paragraph (1)(A)(ii) thereof.(C)LimitationThe account of an individual may be augmented not more than once under this subsection. (5)Third-tier pandemic emergency unemployment compensation(A)In generalIf, at the time that the amount added to an individual's account under paragraph (4) is exhausted, or at any time thereafter, such individual's State is in a third-tier pandemic elevated benefit period (as determined under subparagraph (B)), such account shall be augmented by an amount (in this section referred to as third-tier pandemic emergency unemployment compensation) equal to 13 times the individual's average weekly benefit amount, which includes the amount of Federal Pandemic Unemployment Compensation under section 2104, for the benefit year.(B)Third-tier pandemic elevated benefit periodFor purposes of subparagraph (A), a State shall be considered to be in a third-tier pandemic elevated benefit period, as of any given time, if an extended benefit period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) if—(i)section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and(ii)such section 203(f)—(I)were applied by substituting 7.5 for 6.5 in paragraph (1)(A)(i) thereof; and(II)did not include the requirement under paragraph (1)(A)(ii) thereof.(C)LimitationThe account of an individual may be augmented not more than once under this subsection. (6)Fourth-tier pandemic emergency unemployment compensation(A)In generalIf, at the time that the amount added to an individual's account under paragraph (5) is exhausted, or at any time thereafter, such individual's State is in a fourth-tier pandemic elevated benefit period (as determined under subparagraph (B)), such account shall be augmented by an amount (in this section referred to as fourth-tier pandemic emergency unemployment compensation) equal to 13 times the individual's average weekly benefit amount, which includes the amount of Federal Pandemic Unemployment Compensation under section 2104, for the benefit year.(B)Fourth-tier pandemic elevated benefit periodFor purposes of subparagraph (A), a State shall be considered to be in a fourth-tier pandemic elevated benefit period, as of any given time, if an extended benefit period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) if—(i)section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and(ii)such section 203(f)—(I)were applied by substituting 8.5 for 6.5 in paragraph (1)(A)(i) thereof; and(II)did not include the requirement under paragraph (1)(A)(ii) thereof.(C)LimitationThe account of an individual may be augmented not more than once under this subsection. (7)Coordination of pandemic emergency unemployment compensation with regular compensation(A)In generalIf—(i)an individual has been determined to be entitled to pandemic emergency unemployment compensation with respect to a benefit year;(ii)that benefit year has expired;(iii)that individual has remaining entitlement to pandemic emergency unemployment compensation with respect to that benefit year; and(iv)that individual would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least $25 less than the individual's weekly benefit amount in the benefit year referred to in clause (i),then the State shall determine eligibility for compensation as provided in subparagraph (B). (B)Determination of eligibilityFor individuals described in subparagraph (A), the State shall determine whether the individual is to be paid pandemic emergency unemployment compensation or regular compensation for a week of unemployment using one of the following methods:(i)The State shall, if permitted by State law, establish a new benefit year, but defer the payment of regular compensation with respect to that new benefit year until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).(ii)The State shall, if permitted by State law, defer the establishment of a new benefit year (which uses all the wages and employment which would have been used to establish a benefit year but for the application of this subparagraph), until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).(iii)The State shall pay, if permitted by State law—(I)regular compensation equal to the weekly benefit amount established under the new benefit year; and(II)pandemic emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year.(iv)The State shall determine rights to pandemic emergency unemployment compensation without regard to any rights to regular compensation if the individual elects to not file a claim for regular compensation under the new benefit year. .(c)Effective dateThe amendments made by this section shall apply as if included in the enactment of the CARES Act (Public Law 116–136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.104.Extension of temporary financing of short-time compensation payments in States with programs in lawSection 2108(b)(2) of division A of the CARES Act (15 U.S.C. 9026(b)(2)) is amended by striking December 31, 2020 and inserting the applicable end date described in section 2107(g)(2).105.Extension of temporary financing of short-time compensation agreementsSection 2109(d)(2) of division A of the CARES Act (15 U.S.C. 9027(d)(2)) is amended by striking December 31, 2020 and inserting the applicable end date described in section 2107(g)(2).106.Extension of full Federal funding of the first week of compensable regular unemployment for States with no waiting weekSection 2105(e)(2) of division A of the CARES Act (15 U.S.C. 9024(e)(2)) is amended by striking December 31, 2020 and inserting the applicable end date described in section 2107(g)(2).IITax Withholding Option for Unemployment Benefits201.Application of FUTA requirement to permit individuals to request that Federal income tax be withheld(a)Pandemic Unemployment AssistanceSection 2102(f) of division A of the CARES Act (15 U.S.C. 9021(f)) is amended by adding at the end the following: (4)Application of FUTA requirement to permit individuals to request that Federal income tax be withheldBeginning 30 days after the date of enactment of this paragraph, any agreement under this subsection shall provide that the requirement under section 3304(a)(18) of the Internal Revenue Code of 1986 shall apply to assistance payable under this section in the same manner as such requirement applies to unemployment compensation payable under State law..(b)Federal Pandemic Unemployment CompensationSection 2104(b) of division A of the CARES Act (15 U.S.C. 9023(b)) is amended by adding at the end the following new paragraph:(3)Application of FUTA requirement to permit individuals to request that Federal income tax be withheldBeginning 30 days after the date of enactment of this paragraph, any agreement under this section shall provide that the requirement under section 3304(a)(18) of the Internal Revenue Code of 1986 shall apply to compensation payable under this section in the same manner as such requirement applies to unemployment compensation payable under State law..(c)Pandemic emergency unemployment compensationSection 2107(a) of division A of the CARES Act (15 U.S.C. 9025(a)) is amended by adding at the end the following new paragraph:(8)Application of FUTA requirement to permit individuals to request that Federal income tax be withheldBeginning 30 days after the date of enactment of this paragraph, any agreement under this section shall provide that the requirement under section 3304(a)(18) of the Internal Revenue Code of 1986 shall apply to compensation payable under this section in the same manner as such requirement applies to unemployment compensation payable under State law. .IIIClarifications and Improvements to Pandemic Unemployment Assistance301.Clarification of Pandemic Unemployment Assistance eligibility for primary caregiving(a)In generalSection 2102(a)(3)(A)(ii)(I)(dd) of division A of the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(dd)) is amended by striking that is closed as a direct result of the COVID–19 public health emergency and inserting because the school or facility is closed or only partially reopened due to COVID–19, because child or family care is not available or affordable during the hours work is available due to COVID–19, or because physical attendance at the school or facility presents an unacceptable health risk for the household or the individual in need of care due to COVID–19,.(b)Effective dateThe amendment made by subsection (a) shall take effect upon the date of the enactment of this Act. 302.Waiver authority for certain overpayments of Pandemic Unemployment Assistance(a)In generalSection 2102(d) of division A of the CARES Act (15 U.S.C. 9021(d)) is amended by adding at the end the following:(4)Waiver authorityIn the case of individuals who have received amounts of Pandemic Unemployment Assistance to which they were not entitled, the State shall require such individuals to repay the amounts of such Pandemic Unemployment Assistance to the State agency, except that the State agency shall waive such repayment if it determines that—(A)the payment of such Pandemic Unemployment Assistance was without fault on the part of any such individual; and(B)such repayment would be contrary to equity and good conscience..(b)Effective dateThe amendments made by this section shall take effect as if included in the enactment of the CARES Act (Public Law 116–136).303.Clarification of access to Pandemic Unemployment Assistance for workers at businesses that reduced staff due to the pandemic(a)In generalSection 2102(a)(3)(A)(ii)(I)(jj) of division A of the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(jj)) is amended by inserting or its operations are otherwise curtailed, including by reducing hours of operation, staffing levels, occupancy, or other changes that are recommended or required, after closed.(b)Effective dateThe amendment made by subsection (a) shall apply with respect to weeks of unemployment beginning after the date of the enactment of this Act.304.Hold Harmless for Pandemic Unemployment Assistance(a)In generalSection 2102(c) of division A of the CARES Act (15 U.S.C. 9021(c)) is amended by adding at the end the following:(4)Continued eligibility for assistanceAs a condition of continued eligibility for assistance under this section, a covered individual shall submit a recertification to the State for each week after the individual’s 1st week of eligibility that certifies that the individual remains an individual described in subsection (a)(3)(A)(ii) for such week..(b)Effective date; special rule(1)In generalThe amendment made by subsection (a) shall apply with respect to weeks beginning on or after the date that is 30 days after the date of enactment of this section.(2)Special ruleIn the case of any State that made a good faith effort to implement section 2102 of division A of the CARES Act (15 U.S.C. 9021) in accordance with rules similar to those provided in section 625.6 of title 20, Code of Federal Regulations, for weeks ending before the effective date specified in paragraph (1), an individual who received Pandemic Unemployment Assistance from such State for any such week shall not be considered ineligible for such assistance for such week solely by reason of failure to submit a recertification described in subsection (c)(4) of such section.305.Clarification of access to Pandemic Unemployment Assistance for workers with unsafe workplaces(a)In generalSection 2102(a)(3)(A)(ii)(I)(ii) of division A of the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)(ii)) is amended— (1)by inserting or refuse an offer of work after her job; and(2)by inserting , including because the workplace of the individual is not in compliance with all applicable health and safety guidelines and standards related to the prevention of occupational exposure to COVID–19, including such guidelines and standards issued by the Occupational Safety and Health Administration, State plans approved under section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), the Centers for Disease Control and Prevention, and Federal, State, and local public health authorities after COVID–19.(b)Effective dateThe amendments made by subsection (a) shall apply with respect to weeks beginning after the date of enactment of this Act. 306.Clarification of access to Pandemic Unemployment Assistance for workers who are self-quarantining in accordance with CDC guidelines(a)In generalSection 2102(a)(3)(A)(ii)(I) of division A of the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)) is amended—(1)in item (jj), by striking or at the end; (2)in item (kk), by striking or at the end; and(3)by inserting after item (kk) the following:(ll)the individual is unable to reach the place of employment because the individual is self-quarantining because the individual or a member of the individual's household is at increased risk from COVID–19 based on guidelines from the Centers for Disease Control and Prevention or as determined by a health care provider;.(b)Effective dateThe amendments made by subsection (a) shall apply with respect to weeks beginning after the date of enactment of this Act.307.Clarification of access to Pandemic Unemployment Assistance for workers who had to reduce or suspend customary work activities(a)In generalSection 2102(a)(3)(A)(ii)(I) of division A of the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)), as amended by section 306 of this Act, is amended by inserting after item (ll) the following: (mm)the COVID–19 public health emergency or economic conditions related to the COVID–19 public health emergency has severely limited the individual’s ability to continue performing the individual’s customary work activities, and has thereby forced the individual to reduce or suspend such activities; or .(b)Effective dateThe amendment made by subsection (a) shall apply with respect to weeks beginning after the date of enactment of this Act.308.Clarification of continued access to Pandemic Unemployment Assistance(a)In generalSection 2102(a)(3)(A)(ii)(I) of division A of the CARES Act (15 U.S.C. 9021(a)(3)(A)(ii)(I)), as amended by section 307 of this Act, is amended by inserting after item (mm) the following:(nn)the individual lost his or her job because of a circumstance described in items (aa) through (mm), regardless of whether the circumstance is still applicable to the individual; or.(b)Effective dateThe amendment made by subsection (a) shall apply with respect to weeks beginning after the date of enactment of this Act. 309.State flexibility in establishing income(a)In generalSection 2102(d) of division A of the CARES Act (15 U.S.C. 9021(d)), as amended by section 302 of this Act, is amended by adding at the end the following:(5)State flexibility in establishing incomeIn determining the income of an individual for purposes of an application for assistance authorized under subsection (b), a State may rely on such wage and self-employment data as the State may elect, including any applicable data with respect to an individual's electronically mediated employment..(b)Effective dateThe amendment made by subsection (a) shall apply with respect to weeks beginning after the date of enactment of this Act. IVExtension of Relief to States and Employers401.Extension of full Federal funding of extended unemployment compensationSubsections (a) and (b) of section 4105 of the Families First Coronavirus Response Act (26 U.S.C. 3304 note) are each amended by striking December 31, 2020 and inserting the applicable end date described in section 2107(g)(2) of division A of the CARES Act (15 U.S.C. 9025(g)(2)). 402.Extension of temporary assistance for States with advancesSection 1202(b)(10)(A) of the Social Security Act (42 U.S.C. 1322(b)(10)(A)) is amended by striking December 31, 2020 and inserting the applicable end date described in section 2107(g)(2) of division A of the CARES Act (15 U.S.C. 9025(g)(2)).403.Extension of emergency relief for governmental entities and nonprofit organizationsSection 903(i)(1)(D) of the Social Security Act (42 U.S.C. 1103(i)(1)(D)) is amended by striking December 31, 2020 and inserting the applicable end date described in section 2107(g)(2) of division A of the CARES Act (15 U.S.C. 9025(g)(2)).VCorrective Action for Processing Backlogs501.State reporting on claims backlogs(a)In generalSection 2104 of division A of the CARES Act (15 U.S.C. 9023) is amended by adding at the end the following:(j)State accountability relating to claims backlogsAs a condition of any agreement under this section, the following rules shall apply:(1)Claims reporting(A)In generalEach State participating in such an agreement shall submit to the Secretary of Labor on a weekly basis a report on the status in the State of any backlog of the processing of unemployment claims, including claims for regular compensation, extended compensation, Pandemic Unemployment Assistance, and Pandemic Emergency Unemployment Compensation. Such report shall include a description, with respect to the previous week, of each of the following:(i)The number of initial claims still in process, disaggregated by the number of such claims still pending—(I)because of nonmonetary determinations;(II)because of monetary determinations;(III)because of suspected fraud; and(IV)for any other reason.(ii)The number of initial claims denied.(iii)The number of individuals with respect to whom a continued claim was paid.(iv)The number of individuals with respect to whom a continued claim is still in process, disaggregated by the number of such claims still pending—(I)because of nonmonetary determinations;(II)because of monetary determinations;(III)because of suspected fraud; and(IV)for any other reason.(v)The number of individuals with respect to whom a continued claims was denied.(B)Report to CongressUpon receipt of a report described in subparagraph (A), the Secretary of Labor shall publish such report on the website of the Department of Labor and shall submit such report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.(2)Corrective action plans(A)In generalNot later than 90 days after the date of enactment of this subsection and at least every 90 days thereafter, each State participating in such an agreement shall submit to the Secretary of Labor a corrective action plan that includes a description of the actions the State has taken and intends to take to address any backlog of the processing of unemployment claims described in paragraph (1)(A). The Secretary may waive the requirement under this subparagraph with respect to any State that the Secretary determines has made adequate progress in addressing any such backlog. (B)Technical assistanceThe Secretary of Labor shall make technical assistance available to States to the extent feasible to enable States to develop and implement corrective action plans in accordance with this paragraph. If the Secretary of Labor determines at any time that a State has failed to take reasonable actions under a corrective action plan to address a claims backlog, the State shall collaborate with the Secretary to develop a subsequent corrective action plan to achieve clearly defined, targeted outcomes. (C)Report to CongressUpon receipt of a corrective action plan described in subparagraph (A), the Secretary of Labor shall publish such plan on the website of the Department of Labor and shall submit such report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate..(b)Effective dateThe amendment made by subsection (a) shall apply with respect to weeks beginning after the date of enactment of this Act.VIPandemic Unemployment Assistance for Mixed Earners601.Coverage of mixed-income individuals(a)In generalSection 2102(c) of division A of the CARES Act (15 U.S.C. 9021(c)), as amended by section 304 of this Act, is amended by adding at the end the following:(5)Coverage of mixed-income individualsIn the case of an individual who—(A)(i)would be a covered individual but for subsection (a)(3)(A)(i); or(ii)is employed but is unable or unavailable to earn self-employment income because of factors described in subsection (a)(3)(A)(ii) and otherwise satisfies the requirements of subsection (a)(3);(B)during the individual’s most recent taxable year ending prior to the individual’s application for assistance under this section, received at least $7,250 from self-employment; and(C)makes an irrevocable election to be treated as a covered individual under this section for each week, with respect to which assistance under this section is available, that begins—(i)after the date of such election; or(ii)before such date, but only if the individual did not otherwise receive unemployment benefits for such week under this section, section 2104, section 2107, or as determined under State law,such individual shall be treated as a covered individual described in subsection (d)(2) for such weeks. An individual with respect to which this paragraph applies for a week shall be deemed ineligible for regular compensation or extended benefits under State or Federal law or pandemic emergency unemployment compensation under section 2107 for such week..(b)ApplicabilityThe amendment made by subsection (a) shall not apply with respect to a State participating in an agreement under section 2102 of division A of the CARES Act (15 U.S.C. 9021(h)) unless the State so elects, and shall become effective as determined by such State in agreement with the Secretary of Labor.VIITechnical Corrections701.Grace Period for Full Financing of Short-Time Compensation ProgramsSection 2108(c) of division A of the CARES Act (15 U.S.C. 9026(c)) is amended by striking shall be eligible and all that follows through the end and inserting the following:shall be eligible—(1)for payments under subsection (a) for weeks of unemployment beginning after the effective date of such enactment; and(2)for an additional payment equal to the total amount of payments for which the State is eligible pursuant to an agreement under section 2109 for weeks of unemployment before such effective date..702.Technical correction for the Commonwealth of Northern Mariana IslandsA Commonwealth Only Transitional Worker (as defined in section 6(i)(2) of the Joint Resolution entitled A Joint Resolution to approve the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes (48 U.S.C. 1806)) shall be considered a qualified alien under section 431 of Public Law 104–193 (8 U.S.C. 1641) for purposes of eligibility for a benefit under section 2102 or 2104 of the CARES Act. 703.Technical amendment relating to Pandemic Unemployment AssistanceSection 2102(h) of division A of the CARES Act (15 U.S.C. 9021(h)) is amended by striking section 625 each place it appears and inserting part 625.


116 HR 3307 IH: To amend the Internal Revenue Code of 1986 to provide for payments to possessions of the United States related to the application of the earned income tax credit in such possessions.
U.S. House of Representatives
2019-06-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3307IN THE HOUSE OF REPRESENTATIVESJune 18, 2019Mr. Pascrell (for himself, Miss González-Colón of Puerto Rico, Mr. Beyer, Ms. DelBene, Mrs. Watson Coleman, Mr. Soto, Ms. Lee of California, Ms. Velázquez, Mr. Higgins of New York, Mr. Sablan, Mr. San Nicolas, and Mr. Danny K. Davis of Illinois) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for payments to possessions of the United
			 States related to the application of the earned income tax credit in such
			 possessions.

		1.Application of earned income tax credit in possessions of the United States
 (a)In generalChapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

					7529.Application of earned income tax credit to possessions of the United States
						(a)Puerto Rico
 (1)In generalWith respect to calendar year 2020 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to Puerto Rico equal to—
 (A)the specified matching amount for such calendar year, plus (B)in the case of calendar years 2020 through 2024, the lesser of—
 (i)the expenditures made by Puerto Rico during such calendar year for education efforts with respect to individual taxpayers and tax return preparers relating to the earned income tax credit, or
 (ii)$1,000,000. (2)Requirement to reform earned income tax creditThe Secretary shall not make any payments under paragraph (1) with respect to any calendar year unless Puerto Rico has in effect an earned income tax credit for taxable years beginning in or with such calendar year which (relative to the earned income tax credit which was in effect for taxable years beginning in or with calendar year 2019) increases the percentage of earned income which is allowed as a credit for each group of individuals with respect to which such percentage is separately stated or determined in a manner designed to substantially increase workforce participation.
 (3)Specified matching amountFor purposes of this subsection— (A)In generalThe term specified matching amount means, with respect to any calendar year, the lesser of—
 (i)the excess (if any) of— (I)the cost to Puerto Rico of the earned income tax credit for taxable years beginning in or with such calendar year, over
 (II)the base amount for such calendar year, or (ii)the product of 3, multiplied by the base amount for such calendar year.
									(B)Base amount
 (i)Base amount for 2020In the case of calendar year 2020, the term base amount means the greater of— (I)the cost to Puerto Rico of the earned income tax credit for taxable years beginning in or with calendar year 2019 (rounded to the nearest multiple of $1,000,000), or
 (II)$200,000,000. (ii)Inflation adjustmentIn the case of any calendar year after 2020, the term base amount means the dollar amount determined under clause (i) 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 such calendar year, determined by substituting calendar year 2019 for calendar year 2016 in subparagraph (A)(ii) thereof.
										Any amount determined under this clause shall be rounded to the nearest multiple of $1,000,000.(4)Rules related to payments and reports
 (A)Timing of paymentsThe Secretary shall make payments under paragraph (1) for any calendar year— (i)after receipt of the report described in subparagraph (B) for such calendar year, and
 (ii)except as provided in clause (i), within a reasonable period of time before the due date for individual income tax returns (as determined under the laws of Puerto Rico) for taxable years which began on the first day of such calendar year.
 (B)Annual reportsWith respect to calendar year 2020 and each calendar year thereafter, Puerto Rico shall provide to the Secretary a report which shall include—
 (i)an estimate of the costs described in paragraphs (1)(B)(i) and (3)(A)(i)(I) with respect to such calendar year, and
 (ii)a statement of such costs with respect to the preceding calendar year. (C)Adjustments (i)In generalIn the event that any estimate of an amount is more or less than the actual amount as later determined and any payment under paragraph (1) was determined on the basis of such estimate, proper payment shall be made by, or to, the Secretary (as the case may be) as soon as practicable after the determination that such estimate was inaccurate. Proper adjustment shall be made in the amount of any subsequent payments made under paragraph (1) to the extent that proper payment is not made under the preceding sentence before such subsequent payments.
 (ii)Additional reportsThe Secretary may require such additional periodic reports of the information described in subparagraph (B) as the Secretary determines appropriate to facilitate timely adjustments under clause (i).
 (D)Determination of cost of earned income tax creditFor purposes of this subsection, the cost to Puerto Rico of the earned income tax credit shall be determined by the Secretary on the basis of the laws of Puerto Rico and shall include reductions in revenues received by Puerto Rico by reason of such credit and refunds attributable to such credit, but shall not include any administrative costs with respect to such credit.
 (E)Prevention of manipulation of base amountNo payments shall be made under paragraph (1) if the earned income tax credit as in effect in Puerto Rico for taxable years beginning in or with calendar year 2019 is modified after the date of the enactment of this subsection.
								(b)Possessions with mirror code tax systems
 (1)In generalWith respect to calendar year 2020 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to the Virgin Islands, Guam, and the Commonwealth of the Northern Mariana Islands equal to—
 (A)75 percent of the cost to such possession of the earned income tax credit for taxable years beginning in or with such calendar year, plus
 (B)in the case of calendar years 2020 through 2024, the lesser of— (i)the expenditures made by such possession during such calendar year for education efforts with respect to individual taxpayers and tax return preparers relating to such earned income tax credit, or
 (ii)$50,000. (2)Application of certain rulesRules similar to the rules of subparagraphs (A), (B), (C), and (D) of subsection (a)(4) shall apply for purposes of this subsection.
							(c)American Samoa
 (1)In generalWith respect to calendar year 2020 and each calendar year thereafter, the Secretary shall, except as otherwise provided in this subsection, make payments to American Samoa equal to—
 (A)the lesser of— (i)75 percent of the cost to American Samoa of the earned income tax credit for taxable years beginning in or with such calendar year, or
 (ii)$12,000,000, plus (B)in the case of calendar years 2020 through 2024, the lesser of—
 (i)the expenditures made by American Samoa during such calendar year for education efforts with respect to individual taxpayers and tax return preparers relating to such earned income tax credit, or
 (ii)$50,000. (2)Requirement to enact and maintain an earned income tax creditThe Secretary shall not make any payments under paragraph (1) with respect to any calendar year unless American Samoa has in effect an earned income tax credit for taxable years beginning in or with such calendar year which allows a refundable tax credit to individuals on the basis of the taxpayer’s earned income which is designed to substantially increase workforce participation.
 (3)Inflation adjustmentIn the case of any calendar year after 2020, the $12,000,000 amount in paragraph (1)(A)(ii) shall be increased by an amount equal to—
 (A)such dollar amount, multiplied by— (B)the cost-of-living adjustment determined under section 1(f)(3) for such calendar year, determined by substituting calendar year 2019 for calendar year 2016 in subparagraph (A)(ii) thereof.
 Any increase determined under this clause shall be rounded to the nearest multiple of $100,000.(4)Application of certain rulesRules similar to the rules of subparagraphs (A), (B), (C), and (D) of subsection (a)(4) shall apply for purposes of this subsection.
 (d)Treatment of paymentsFor purposes of section 1324 of title 31, United States Code, the payments under this section shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section..
 (b)Clerical amendmentThe table of sections for chapter 77 of such Code is amended by adding at the end the following new item:

						Sec. 7529. Application of earned income tax credit to possessions of the United States..


IV
111th CONGRESS
2d Session
H. RES. 1333
In the House of Representatives, U. S.,

May 12, 2010

RESOLUTION
Expressing support for the goals and ideals of Children’s Book Week.

Whereas research has indicated that children who are read to three or four times a week are more likely to recognize the letters of the alphabet, be able to count to 20, and write their own names;
Whereas children’s books are instrumental in teaching children to read by providing simple phrases that promote reading techniques, including phonics, and retaining children’s interest;
Whereas many teachers use children’s books in the classroom as a tool to promote and teach literacy to their students;
Whereas Children’s Book Week has been celebrated nationally since 1919 and is founded on the declaration that a great nation is a reading nation;
Whereas Children’s Book Week highlights the importance of parents and guardians taking the time to read with their children and encourages libraries, schools, and community organizations to hold events to promote reading; and
Whereas Children’s Book Week is recognized May 10 to May 16, 2010: Now, therefore, be it

That the House of Representatives—
(1)supports the goals and ideals of Children’s Book Week; and
(2)encourages parents to read with their children and schools, libraries, and community organizations to hold events to encourage children and students of all ages to read.

Lorraine C. Miller,Clerk.


113 S1373 IS: Rebuilding American Homeownership Act of 2013
U.S. Senate
2013-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1373
		IN THE SENATE OF THE UNITED STATES

			July 25, 2013
			Mr. Merkley introduced
			 the following bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To increase access to refinancing for homeowners, and for
		  other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Rebuilding American Homeownership
			 Act of 2013.
		2.DefinitionsIn this Act, the following definitions shall
			 apply:
			(1)Current
			 borrowerThe term current borrower means a mortgagor
			 that—
				(A)has made each
			 payment on an eligible mortgage, within the month in which the payment was due,
			 during the 6-month period preceding the date of refinancing of the eligible
			 mortgage under this Act; and
				(B)has not been more
			 than 30 days delinquent on an eligible mortgage more than once during the
			 1-year period preceding the date of refinancing of the mortgage under this
			 Act.
				(2)DirectorThe
			 term Director means the Director of the Federal Housing Finance
			 Agency.
			(3)Eligible
			 mortgageThe term eligible mortgage—
				(A)means any
			 mortgage that—
					(i)is
			 an existing first mortgage—
						(I)that was made for
			 purchase of, or refinancing of another first mortgage, on a 1- to 4-family
			 owner-occupied dwelling, including a condominium or a share in a cooperative
			 ownership housing association; and
						(II)with a current
			 loan-to-value ratio in excess of 80 percent, but not greater than 140
			 percent;
						(ii)was originated
			 on or before May 31, 2009;
					(iii)is not owned or
			 guaranteed by an enterprise; and
					(iv)with respect to
			 which, the mortgagor is a current borrower; and
					(B)does not include
			 any mortgage that is insured or guaranteed by any program of the Federal
			 Housing Administration, the Department of Housing and Urban Development, the
			 Government National Mortgage Association, the Department of Agriculture, or the
			 Department of Veterans Affairs.
				(4)EnterpriseThe
			 term enterprise means the Federal National Mortgage Association
			 and the Federal Home Loan Mortgage Corporation.
			(5)Guarantee
			 feeThe term guarantee fee has the same meaning as
			 in section 1327(a) of the Housing and Community Development Act of 1992 (12
			 U.S.C. 4547(a)).
			3.Refinancing
			 authority
			(a)Enterprise
			 refinancing authority
				(1)ProgramEach
			 enterprise shall establish and carry out a program under this section to
			 provide for the refinancing of eligible mortgages.
				(2)AuthorityNotwithstanding
			 any provision of the Federal National Mortgage Association Charter Act (12
			 U.S.C. 1716 et seq.) and the Federal Home Loan Mortgage Corporation Act (12
			 U.S.C. 1451 et seq.), in carrying out the refinancing program required under
			 paragraph (1), an enterprise may purchase, guarantee, service, sell, lend on
			 the security of, refinance, or otherwise deal in eligible mortgages.
				(b)Implementation
			 authority
				(1)In
			 generalSubject to paragraph (2), each enterprise may prescribe
			 any requirements, terms, and conditions that such enterprise determines
			 necessary to carry out the refinancing program required under subsection (a),
			 including with respect to any underwriting criteria, such as—
					(A)verification of a
			 borrower’s employment, income, reserves, and assets;
					(B)a borrower’s
			 credit history;
					(C)property
			 valuation requirements;
					(D)representations
			 and warranties;
					(E)eligible property
			 type and occupancy requirements; and
					(F)continuation of
			 the second-lien position, or release, of any junior liens on the
			 property.
					(2)Existing credit
			 enhancements to be retainedIn order to participate in the
			 refinancing program required under subsection (a), an eligible mortgage with
			 existing credit enhancement coverage must continue to maintain or otherwise
			 transfer such coverage to the new mortgage that is a result of the refinancing
			 of the eligible mortgage authorized by this section.
				(3)Maximum term of
			 the new mortgageThe term of any new mortgage that is a result of
			 the refinancing of an eligible mortgage authorized by this section shall not
			 exceed 30 years.
				(4)Maximum loan
			 amountThe maximum original principal obligation of any new
			 mortgage that is a result of the refinancing of an eligible mortgage authorized
			 by this section shall not exceed the limitation in law governing the maximum
			 original principal obligation on conventional mortgages that may be purchased
			 or guaranteed by an enterprise, as such law is in effect on the date of the
			 closing of the new mortgage.
				(c)RegulationsThe
			 Director may issue any regulations, guidance, or directives necessary to carry
			 out the refinancing program required under subsection (a).
			4.Guarantee
			 fees
			(a)Requirement To
			 charge a guarantee feeEach enterprise shall charge a guarantee
			 fee in connection with any guarantee of the timely payment of principal and
			 interest on securities, notes, and other obligations based on or backed by
			 eligible mortgages refinanced under this Act.
			(b)Amount
				(1)In
			 generalThe amount of the guarantee fee required to be charged by
			 an enterprise pursuant to subsection (a) shall be actuarially determined by the
			 Director to cover the expected risk of default on the pool of eligible
			 mortgages refinanced under this Act backing the security, note, or other
			 obligation to which the enterprises' guarantee applies.
				(2)Rule of
			 constructionIn calculating the expected risk of default pursuant
			 to paragraph (1), the Director shall ensure that any default probability
			 assumptions used to model such risk—
					(A)are reasonable,
			 including with respect to the arrival rate of default and the magnitude risk of
			 default; and
					(B)are not unduly
			 weighted to cover historical stress or crisis scenarios.
					(3)Prohibition on
			 additional chargesIn determining the amount of any guarantee fee
			 required to be charged pursuant to subsection (a), neither the Director nor an
			 enterprise may charge any additional fee, price adjustment, premium, or other
			 amount other than that which is determined in accordance with paragraph
			 (1).
				(4)Prohibition on
			 offsetsThe Director shall prohibit an enterprise from offsetting
			 the cost of the guarantee fee required to by charged pursuant to subsection (a)
			 to mortgage originators, borrowers, and investors by decreasing other charges,
			 fees, or premiums, or in any other manner.
				(c)Authority To
			 limit offer of guaranteeThe Director shall prohibit an
			 enterprise from consummating any offer for a guarantee on any security, note,
			 or other obligation based on or backed by eligible mortgages refinanced under
			 this Act, if the guarantee is inconsistent with the requirements of this
			 section.
			5.ReportsThe Director shall include, in the annual
			 report submitted to the Congress pursuant to section 1319B of the Federal
			 Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C.
			 4521), information on the use and impact of the program established under
			 section 3. The information provided shall include—
			(1)a review and
			 analysis of the effectiveness of the program in—
				(A)reducing the rate
			 of mortgage default and delinquency;
				(B)preventing
			 foreclosure; and
				(C)supporting stable
			 homeownership; and
				(2)any
			 recommendations the Director considers appropriate regarding the
			 program.
			6.Sunset
			(a)TerminationThe
			 provisions of this Act, and any program or authorities established or granted
			 therein or derived therefrom, shall terminate on December 31, 2014.
			(b)ExtensionThe
			 Director, upon transmission of a written notification to Congress, may extend
			 the authorities provided under this Act for a 1-year period.


115 S2241 IS: To amend the Patient Protection and Affordable Care Act by clarifying that State Exchanges are prohibited from imposing fees or assessments on issuers of excepted benefits and standalone dental plans not sold through an Exchange.
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. 2241IN THE SENATE OF THE UNITED STATESDecember 14, 2017Mr. King introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Patient Protection and Affordable Care Act by clarifying that State Exchanges are
			 prohibited from imposing fees or assessments on issuers of excepted
			 benefits and standalone dental plans not sold through an Exchange.

		1.Prohibiting State exchanges from imposing assessments or fees on excepted benefits and standalone
			 dental plans not sold through an Exchange
 (a)In generalSection 1311(d)(5) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)(5)) is amended—
 (1)in subparagraph (A), by inserting , subject to subparagraph (C) after its operations; and (2)by adding at the end the following new subparagraph:

 (C)LimitationA State may not charge a health insurance issuer, solely for purposes of supporting an Exchange in accordance with subparagraph (A), an assessment, user fee, tax, or any other fee—
 (i)on excepted benefits coverage within the meaning of section 2791(c) of the Public Health Service Act that is not sold on an Exchange; or
 (ii)on standalone dental plans described in paragraph (2)(B)(ii) that are not sold on an Exchange.. (b)Effective dateThe amendments made by subsection (a) shall apply to assessments, user fees, taxes, and other fees imposed, assessed, or collected on or after January 1, 2018, except that, with respect to the Exchange of the District of Columbia, such amendments shall apply to assessments, user fees, taxes, and other fees imposed, assessed, or collected on or after January 1, 2020.


114 HRES 573 IH: Expressing the sense of the House of Representatives that the President has failed to adequately develop and execute a strategy capable of defeating the Islamic State of Iraq and Syria and a significant course correction is necessary at this time to ensure the protection of the people of the United States and United States allies.
U.S. House of Representatives
2015-12-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		1st Session
		H. RES. 573
		IN THE HOUSE OF REPRESENTATIVES

			December 18, 2015
			Mr. Ratcliffe submitted the following resolution; which was referred to the Committee on Foreign Affairs

		RESOLUTION
		Expressing the sense of the House of Representatives that the President has failed to adequately
			 develop and execute a strategy capable of defeating the Islamic State of
			 Iraq and Syria and a significant course correction is necessary at this
			 time to ensure the protection of the people of the United States and
			 United States allies.

 Whereas the Islamic State of Iraq and Syria (ISIS) continues to plan and promote attacks against the United States homeland;
 Whereas approximately 30,000 people from more than 100 countries have traveled to Syria and Iraq in order to join ISIS and other groups;
 Whereas roughly 4,500 individuals from Western countries and more than 250 Americans have traveled or attempted to travel to Syria and Iraq;
 Whereas there have been more than twice as many ISIS-inspired terror plots against the West in 2015 than in 2014;
 Whereas the United States faces the threat of United States citizens being radicalized abroad and returning to the United States to carry out a terrorist attack;
 Whereas ISIS has launched waves of attacks throughout the Middle East, North Africa, and South Asia;
 Whereas ISIS has further expanded its ability to inspire and direct terrorist attacks against targets in North America, Europe, and the Asia-Pacific region;
 Whereas an ISIS-inspired terrorist stabbed two counterterrorism officers near Melbourne, Australia, on September 23, 2014;
 Whereas a Canadian citizen inspired by ISIS rammed a car into two soldiers near Montreal, Canada, on October 20, 2014;
 Whereas ISIS took responsibility for inspiring a United States citizen to attempt to attack four police officers with a hatchet in New York City on October 23, 2014;
 Whereas an Australian citizen, claiming to be acting on behalf of ISIS, took 17 hostages in Sydney, Australia, on December 15, 2014;
 Whereas the three assailants in the attack on the Charlie Hebdo newspaper and Hypercacher Jewish Market in Paris, France, on January 7 to 9, 2015, declared allegiance to ISIS and Al-Qaeda in the Arabian Peninsula;
 Whereas a Danish citizen, allegedly inspired by ISIS, killed two civilians and injured five police officers on February 15, 2015;
 Whereas radicalized individuals inspired by ISIS attempted to attack a Prophet Muhammad cartoon contest in Garland, Texas, on May 3, 2015;
 Whereas ISIS-inspired assailants killed more than 130 people and wounded 369 more in Paris, France, on November 14 and 15, 2015; and
 Whereas the United States and its allies will continue to be threatened by terrorist attacks until ISIS and its affiliates are completely destroyed: Now, therefore, be it

 That the House of Representatives collectively believes the President has failed to adequately develop and execute a strategy capable of defeating the Islamic State of Iraq and Syria and a significant course correction is necessary at this time to ensure the protection of the people of the United States and United States allies.


IV
112th CONGRESS
1st Session
H. RES. 53
In the House of Representatives, U. S.,

January 25, 2011

RESOLUTION

That the following named Members be, and are hereby, elected to the following standing committees of the House of Representatives:

Committee on the Budget:Mr. Chaffetz, to rank immediately after Mr. McClintock; and Mr. Guinta.

Committee on Homeland Security:Mr. Brooks.

Lorraine C. Miller,Clerk.


110 HR 3167 IH: To impose a temporary moratorium on the discharge of

U.S. House of Representatives
2007-07-24
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.

		I
		110th CONGRESS
		1st Session
		H. R. 3167
		IN THE HOUSE OF REPRESENTATIVES

			July 24, 2007
			Mr. Hare (for
			 himself, Mr. Johnson of Georgia,
			 Mr. Crowley, and
			 Mr. LaHood) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services

		A BILL
		To impose a temporary moratorium on the discharge of
		  members of the Armed Forces for personality disorder, except in certain
		  specified cases.

		1.Short titleThis Act may be cited as the
			 Fair Mental Health Evaluation for
			 Returning Veterans Act .
		2.Discharge of
			 members of the Armed Forces for personality disorder
			(a)Temporary
			 moratorium on dischargesEffective as of the date of the
			 enactment of this Act, the Secretary of a military department may not, except
			 as provided in subsection (b), discharge from the Armed Forces for personality
			 disorder any member of the Armed Forces (including a member of the National
			 Guard or Reserve) who has served on active duty in a combat zone until the
			 later of the dates as follows:
				(1)The date of the
			 completion by the Secretary of Defense of a review of the policies and
			 procedures of the Department of Defense for diagnosing a personality disorder
			 in members of the Armed Forces.
				(2)The date of the
			 issuance by the Secretary of Defense of policies and procedures to ensure the
			 appropriate use of discharge of members of the Armed Forces for personality
			 disorder, which discharges shall be based on standard clinical diagnostic
			 practices, including the practices outlined in the most recent edition of the
			 Diagnostic Statistical Manual for Mental Disorders.
				(3)The date of the
			 establishment by the Secretary of Defense of an independent review board for
			 discharges of members of the Armed Forces for personality discharge, including
			 for members so discharged on or after September 12, 2001, and before the date
			 of the enactment of this Act.
				(4)The date on which
			 the Secretary of Defense submits a report to Congress on the progress in
			 implementing the requirements of paragraphs (1) through (3).
				(5)The date that is
			 45 days after the date of the submission of the report referred to in paragraph
			 (4), which period shall permit Congress to consider the report.
				(b)ExceptionThe
			 limitation in subsection (a) shall not apply with respect to any member of the
			 Armed Forces who provided false or misleading information, or omitted providing
			 information about past criminal behavior, that is material to a discharge for
			 personality disorder during recruitment for or enlistment in the Armed
			 Forces.


		II

		109th CONGRESS

		1st Session

		S. 1141

		IN THE SENATE OF THE UNITED STATES

			May 26, 2005

			Mr. Cochran (for

			 himself, Mr. Pryor,

			 Mr. Chambliss, and

			 Mr. Roberts) introduced the following

			 bill; which was read twice and referred to the

			 Committee on Homeland Security and

			 Governmental Affairs

		A BILL

		To authorize the Secretary of Homeland

		  Security to regulate ammonium nitrate.

		1.Short titleThis Act may be cited as the

			 Secure Handling of Ammonium Nitrate

			 Act of 2005.

		2.FindingsCongress finds that—

			(1)ammonium nitrate is an important fertilizer

			 used to produce a reliable and affordable food supply for the United States and

			 the world;

			(2)in the wrong hands, ammonium nitrate may be

			 used for illegal activities;

			(3)the production, importation, storage, sale,

			 and distribution of ammonium nitrate affects interstate and intrastate

			 commerce; and

			(4)it is necessary to regulate the production,

			 storage, sale, and distribution of ammonium nitrate.

			3.DefinitionsIn this Act:

			(1)Ammonium

			 nitrateThe term

			 ammonium nitrate means solid ammonium nitrate that is chiefly the

			 ammonium salt of nitric acid and contains not less than 33 percent nitrogen, of

			 which—

				(A)50 percent is in ammonium form; and

				(B)50 percent is in nitrate form.

				(2)Facility

				(A)In

			 generalThe term

			 facility means any site where ammonium nitrate is produced,

			 stored, or held for distribution, sale, or use.

				(B)InclusionsThe term facility

			 includes—

					(i)all buildings or structures used to

			 produce, store, or hold ammonium nitrate for distribution, sale, or use at a

			 single site; and

					(ii)multiple sites described in clause (i), if

			 the sites are—

						(I)contiguous or adjacent; and

						(II)owned or operated by the same

			 person.

						(3)HandleThe term handle means to

			 produce, store, sell, or distribute ammonium nitrate.

			(4)HandlerThe term handler means any

			 person that produces, stores, sells, or distributes ammonium nitrate.

			(5)PurchaserThe term purchaser means any

			 person that purchases ammonium nitrate.

			(6)SecretaryThe term Secretary means the

			 Secretary of Homeland Security.

			4.Regulation of handling

			 and purchase of ammonium nitrate

			(a)In

			 generalThe Secretary may

			 regulate the handling and purchase of ammonium nitrate to prevent the

			 misappropriation or use of ammonium nitrate in violation of law.

			(b)RegulationsThe Secretary may promulgate regulations

			 that require—

				(1)handlers—

					(A)to register facilities;

					(B)to sell or distribute ammonium nitrate only

			 to handlers and purchasers registered under this Act; and

					(C)to maintain records of sale or distribution

			 that include the name, address, telephone number, and registration number of

			 the immediate subsequent purchaser of ammonium nitrate; and

					(2)purchasers to be registered.

				(c)Use of

			 previously submitted informationPrior to requiring a facility or handler to

			 submit new information for registration under this section, the Secretary

			 shall—

				(1)request from the Attorney General, and the

			 Attorney General shall provide, any information previously submitted to the

			 Attorney General by the facility or handler under section 843 of title 18,

			 United States Code; and

				(2)at the election of the facility or

			 handler—

					(A)use the license issued under that section

			 in lieu of requiring new information for registration under this section;

			 and

					(B)consider the license to fully comply with

			 the requirement for registration under this section.

					(d)ConsultationIn promulgating regulations under this

			 section, the Secretary shall consult with the Secretary to Agriculture to

			 ensure that the access of agricultural producers to ammonium nitrate is not

			 unduly burdened.

			(e)Data

			 confidentiality

				(1)In

			 generalNotwithstanding

			 section 552 of title 5, United States Code, or the USA PATRIOT ACT (Public Law

			 107–56; 115 Stat. 272) or an amendment made by that Act, except as provided in

			 paragraph (2), the Secretary may not disclose to any person any information

			 obtained from any facility, handler, or purchaser—

					(A)regarding any action taken, or to be taken,

			 at the facility or by the handler or purchaser to ensure the secure handling of

			 ammonium nitrate; or

					(B)that would disclose—

						(i)the identity or address of any purchase of

			 ammonium nitrate;

						(ii)the quantity of ammonium nitrate purchased;

			 or

						(iii)the details of the purchase

			 transaction.

						(2)ExceptionsThe Secretary may disclose any information

			 described in paragraph (1)—

					(A)to an officer or employee of the United

			 States, or a person that has entered into a contract with the United States,

			 who needs to know the information to perform the duties of the officer,

			 employee, or person, or to a State agency pursuant to an arrangement under

			 section 6, under appropriate arrangements to ensure the protection of the

			 information;

					(B)to the public, to the extent the Secretary

			 specifically finds that disclosure of particular information is required in the

			 public interest; or

					(C)to the extent required by order of a

			 Federal court in a proceeding in which the Secretary is a party, under such

			 protective measures as the court may prescribe.

					5.Enforcement

			(a)InspectionsThe Secretary, without a warrant, may enter

			 any place during business hours that the Secretary believes may handle ammonium

			 nitrate to determine whether the handling is being conducted in accordance with

			 this Act, including regulations promulgated under this Act.

			(b)Prevention of

			 sale or distribution orderIn

			 any case in which the Secretary has reason to believe that ammonium nitrate has

			 been handled other than in accordance with this Act, including regulations

			 promulgated under this Act, the Secretary may issue a written order preventing

			 any person that owns, controls, or has custody of the ammonium nitrate from

			 selling or distributing the ammonium nitrate.

			(c)Appeal

			 procedures

				(1)In

			 generalA person subject to

			 an order under subsection (b) may request a hearing to contest the order, under

			 such administrative adjudication procedures as the Secretary may

			 establish.

				(2)RescissionIf an appeal under paragraph (1) is

			 successful, the Secretary shall rescind the order.

				(d)In rem

			 proceedingsThe Secretary may

			 institute in rem proceedings in the United States district court for the

			 district in which the ammonium nitrate is located to seize and confiscate

			 ammonium nitrate that has been handled in violation of this Act, including

			 regulations promulgated under this Act.

			6.Administrative

			 provisions

			(a)Cooperative

			 agreementsThe Secretary may

			 enter into a cooperative agreement with the Secretary of Agriculture, or the

			 head of any State department of agriculture or other State agency that

			 regulates plant nutrients, to carry out this Act, including cooperating in the

			 enforcement of this Act through the use of personnel or facilities.

			(b)Delegation

				(1)In

			 generalThe Secretary may

			 delegate to a State the authority to assist the Secretary in the administration

			 and enforcement of this Act, including regulations promulgated under this

			 Act.

				(2)Delegation

			 requiredOn the request of a

			 Governor of a State, the Secretary shall delegate to the State the authority to

			 carry out section 4 or 5, on a determination by the Secretary that the State is

			 capable of satisfactorily carrying out that section.

				(3)FundingIf the Secretary enters into an agreement

			 with a State under this subsection to delegate functions to the State, the

			 Secretary shall provide to the State adequate funds to enable the State to

			 carry out the functions.

				(4)InapplicabilityNotwithstanding any other provision of this

			 subsection, this subsection does not authorize a State to carry out a function

			 under section 4 or 5 relating to a facility or handler in the State that makes

			 the election described in section 4(c)(2).

				7.Civil

			 liability

			(a)Unlawful

			 actsIt is unlawful for any

			 person—

				(1)to fail to perform any duty required by

			 this Act, including regulations promulgated under this Act;

				(2)to violate the terms of registration under

			 this Act;

				(3)to fail to keep any record, make any

			 report, or allow any inspection required by this Act; or

				(4)to violate any sale or distribution order

			 issued under this Act.

				(b)Penalties

				(1)In

			 generalA person that

			 violates this Act (including a regulation promulgated under this Act) may only

			 be assessed a civil penalty by the Secretary of not more than $50,000 per

			 violation.

				(2)Notice and

			 opportunity for a hearingNo

			 civil penalty shall be assessed under this Act unless the person charged has

			 been given notice and opportunity for a hearing on the charge in the county,

			 parish, or incorporated city of residence of the person charged.

				(c)Jurisdiction

			 over actions for civil damagesThe district courts of the United States

			 shall have exclusive jurisdiction over any action for civil damages against a

			 handler for any harm or damage that is alleged to have resulted from the use of

			 ammonium nitrate in violation of law that occurred on or after the date of

			 enactment of this Act.

			8.State law

			 preemptionThis Act preempts

			 any State law (including a regulation) that regulates the handling of ammonium

			 nitrate to prevent the misappropriation or use of ammonium nitrate in violation

			 of law.

		9.Authorization of

			 appropriationsThere are

			 authorized to be appropriated such sums as are necessary to carry out this

			 Act.


117 S1669 IS: Military Retiree Survivor Comfort Act
U.S. Senate
2021-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1669IN THE SENATE OF THE UNITED STATESMay 18, 2021Mr. Portman (for himself, Ms. Warren, Mr. Cramer, Mr. Boozman, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to direct the forgiveness or offset of an overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces.1.Short titleThis Act may be cited as the Military Retiree Survivor Comfort Act.2.Forgiveness or offset of overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces(a)When payment deposited to joint accountSection 2771 of title 10, United States Code, is amended by adding at the end the following new subsection:(e)In the case of overpayment of retired or retainer pay, arising from payment of such retired or retainer pay for any period after the date of the death of a recipient through the last day of the month in which such death occurs, if such payment is electronically deposited in an accredited financial institution to a joint account bearing the name of the decedent and another individual who is the decedent’s designated beneficiary under subsection (a)(1), the Secretary of Defense—(1)if the decedent is an individual to whom section 1448 of this title applies, shall elect to—(A)forgive the overpayment on behalf of the United States; or(B)offset the overpayment pursuant to section 1450(n) of this title; or(2)if the decedent is not an individual to whom section 1448 of this title applies, shall forgive the overpayment on behalf of the United States..(b)Coordination with Survivor Benefit PlanSection 1450 of title 10, United States Code, is amended—(1)in subsection (a), by inserting , or that applies under subsection (n) after under subsection (j); and(2)by adding at the end the following new subsection:(n)Special rule in case of certain final retired pay overpaymentIn a case described in section 2771(e) of this title, if the individual described in that subsection other than the decedent is the beneficiary of the decedent under the Plan, each of the first 12 payments, following the death of the decedent, of the annuity payable to the decedent’s beneficiary under the Plan, shall be reduced by one-twelfth of such overpayment..(c)Effective dateThe amendments made by this section shall apply with respect to payments made to persons who die on or after the date of the enactment of this Act.


109 HR 1315 IH: Small Community Options for Regulatory Equity Act of 2005
U.S. House of Representatives
2005-03-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1315
IN THE HOUSE OF REPRESENTATIVES

March 15, 2005
Mr. Otter (for himself, Mr. Simpson, Mr. Flake, Mr. Cannon, and Mr. Doolittle) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To allow small public water systems to request an exemption from the requirements of any national primary drinking water regulation for a naturally occurring contaminant, and for other purposes.

1.Short titleThis Act may be cited as the Small Community Options for Regulatory Equity Act of 2005.
2.Exemption for nonprofit small public water systems respecting naturally occurring contaminantsThe Safe Drinking Water Act (42 U.S.C. 300f et seq.) is amended by inserting after section 1416 the following:

1416A.Exemption for nonprofit small public water systems respecting naturally occurring contaminants
(a)ExemptionA State exercising primary enforcement responsibility for public water systems under section 1413 (or the Administrator in any nonprimacy State) shall exempt any nonprofit small public water system that submits a request in accordance with subsection (b) from the requirements of any national primary drinking water regulation for a naturally occurring contaminant.
(b)RequestTo seek an exemption under this section, a nonprofit small public water system—
(1)shall submit a written request to the State exercising primary enforcement responsibility with respect to the system (or the Administrator in any nonprimacy State); and
(2)shall include in such request a finding under subsection (c).
(c)Economic feasibility
(1)FindingTo seek an exemption under this section, a nonprofit small public water system must find that compliance by the system with the national primary drinking water regulation involved is not economically feasible.
(2)No reviewA finding by a nonprofit small public water system under this subsection shall not be subject to judicial or administrative review.
(d)DefinitionsIn this section:
(1)The term naturally occurring contaminant includes arsenic, radon, radium, uranium, and any contaminant that is a disinfection byproduct (including bromate, chlorite, haloacetic acids, and total trihalomethanes).
(2)The term small public water system means a public water system serving 10,000 or fewer persons..


114 SRES 599 IS: Expressing support for the designation of October 20, 2016, as the “National Day on Writing”.
U.S. Senate
2016-09-29
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.

III114th CONGRESS2d SessionS. RES. 599IN THE SENATE OF THE UNITED STATESSeptember 29, 2016Mr. Casey (for himself, Mr. Roberts, Mr. Cochran, Ms. Ayotte, and Mr. Wicker) submitted the following resolution; which was referred to the Committee on the JudiciaryRESOLUTIONExpressing support for the designation of October 20, 2016, as the National Day on Writing.

 Whereas people in the 21st century are writing more than ever before for personal, professional, and civic purposes;
 Whereas the social nature of writing invites people of every age, profession, and walk of life to create meaning through composing;
 Whereas more and more people in every occupation consider writing to be essential and influential in their work;
 Whereas individuals who write continue to learn how to write for different purposes, audiences, and occasions throughout their lifetimes;
 Whereas developing digital technologies expand the possibilities for composing in multiple media at a faster pace than ever before;
 Whereas young people are leading the way in developing new forms of composing by using different forms of digital media;
 Whereas effective communication contributes to building a global economy and a global community;
 Whereas the National Council of Teachers of English, in conjunction with its many national and local partners, honors and celebrates the importance of writing through the National Day on Writing;
 Whereas the National Day on Writing celebrates the foundational place of writing in the personal, professional, and civic lives of the people of the United States;
 Whereas the National Day on Writing highlights the importance of writing instruction and practice at every educational level and in every subject area;
 Whereas the National Day on Writing emphasizes the lifelong process of learning to write and compose for different audiences, purposes, and occasions;
 Whereas the National Day on Writing honors the use of the full range of media for composing, from traditional tools, including print, audio, and video, to social media, including Twitter, Facebook, and Instagram, and Internet Web site tools, including blogs, wikis, and podcasts;
 Whereas the National Day on Writing encourages all people of the United States and overseas to write, enjoy, and learn from the writing of others;
 Whereas in 2015, the hashtag #WhyIWrite generated over 60,000 tweets and reached millions of people, encouraging students, from elementary school through the university level, athletes, authors, and artists from all over the world to participate; and
 Whereas, on the National Day of Writing in 2016, the National Council of Teachers of English encourages all people of the United States to tell others #WhyIWrite through print, social media, or other means: Now, therefore, be it

 That the Senate— (1)supports the designation of October 20, 2016, as the National Day on Writing;
 (2)strongly affirms the purposes of the National Day on Writing; and
 (3)encourages educational institutions, businesses, community and civic associations, and other organizations to celebrate and promote the National Day on Writing.


115 HR 6895 IH: To authorize the President to award the Purple Heart to Louis Boria, Jr., for injuries incurred during World War II and the Korean War while a member of the Marine Corps.
U.S. House of Representatives
2018-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

V115th CONGRESS2d SessionH. R. 6895IN THE HOUSE OF REPRESENTATIVESSeptember 25, 2018Mr. Soto introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo authorize the President to award the Purple Heart to Louis Boria, Jr., for injuries incurred
			 during World War II and the Korean War while a member of the Marine Corps.

		1.Authorization to award the Purple Heart to Louis Boria, Jr., for injuries incurred during World War
 II and the Korean War while a member of the Marine CorpsNotwithstanding the criteria in section 1 of Executive Order 11016, the President is authorized to award the Purple Heart to Louis Boria, Jr., for injuries incurred during World War II and the Korean War while a member of the Marine Corps.


I114th CONGRESS2d SessionH. R. 5854IN THE HOUSE OF REPRESENTATIVESJuly 14, 2016Mr. Ben Ray Luján of New Mexico (for himself and Ms. Michelle Lujan Grisham of New Mexico) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title 18, United States Code, to enhance protections of Native American cultural objects, and for other purposes.
1.Short titleThis Act may be cited as the Safeguard Tribal Objects of Patrimony Act of 2016. 2.Enhanced protections for Native American cultural objects (a)Enhanced penaltiesSection 1170 of title 18, United States Code, is amended by striking 5 years each place it appears and inserting 10 years.
(b)Prohibition of exporting Native American cultural objectsChapter 53 of title 18, United States Code, is amended by adding at the end the following:  1171.Illegal exportation of Native American cultural objects (a)Definition of Native American cultural objectIn this section, the term Native American cultural object means any Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001))—
(1)cultural items, as defined in that section; (2)archaeological resource, as defined in section 3 of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb); or
(3)object of antiquity protected under section 1866(b). (b)ProhibitionIt shall be unlawful for any person to knowingly export or otherwise transport from the United States any Native American cultural object obtained in violation of—
(1)the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 et seq.); (2)section 1170;
(3)the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); or (4)section 1866(b).
(c)PenaltyAny person who violates subsection (b) shall— (1)in the case of a first violation under this section, be fined under this title, imprisoned for not more than 1 year, or both; and
(2)in the case of a second or subsequent violation under this section, be fined under this title, imprisoned for not more than 10 years, or both.. (c)Private repatriation of Native American cultural objectsChapter 53 of title 18, United States Code (as amended by subsection (b)), is amended by adding at the end the following:

1172.Private repatriation of Native American cultural objects
(a)In generalExcept as provided in subsection (b), if a person voluntarily repatriates to the appropriate Indian tribe or Native Hawaiian organization by not later than 2 years after the date of enactment of this section, all of the Native American cultural objects (as defined in section 1171(a)) in the possession of the person, that person shall be immune from criminal prosecution under this title, the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), or any other related law with respect to the returned Native American cultural objects. (b)ExceptionSubsection (a) shall not apply if the person repatriates the Native American cultural objects on a date that is after the date on which an active investigation or prosecution of the person relating to the Native American cultural objects is initiated..
(d)Technical and conforming amendmentThe table of sections for chapter 53 of title 18, United States Code, is amended by adding at the end the following:   1171. Illegal exportation of Native American cultural objects. 1172. Private repatriation of Native American cultural objects.. 3.Government Accountability Office report (a)DefinitionsIn this section:
(1)Indian tribeThe term Indian tribe has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). (2)Native American cultural objectThe term Native American cultural object has the meaning given the term in section 1171(a) of title 18, United States Code.
(3)Native Hawaiian organizationThe term Native Hawaiian organization has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). (b)SubmissionNot later than 2 years after the date of enactment of this Act, the Comptroller General of the United States, after collecting information from the Attorney General, the Secretary of the Interior, and the Secretary of State, and meeting, as appropriate, with Indian tribes and Native Hawaiian organizations, shall submit the report described in subsection (c) to—
(1)the Committee on Indian Affairs of the Senate; and (2)the Committee on Natural Resources of the House of Representatives.
(c)Report describedThe report submitted under subsection (b) shall include a description of— (1)an estimate of the number of Native American cultural objects illegally trafficked in the United States and foreign markets;
(2)the extent to which the Attorney General has prosecuted, under section 1170 of title 18, United States Code, the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.), section 1866(b) of title 18, United States Code, or any other related law, cases of trafficking in— (A)the human remains of a Native American (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)); or
(B)other Native American cultural objects; and (3)recommendations for actions the Attorney General, the Secretary of State, and the Secretary of the Interior can take—
(A)to eliminate illegal commerce in Native American cultural objects in the United States and foreign markets; and (B)to secure the repatriation to Indian tribes and Native Hawaiian organizations of Native American cultural objects that have been illegally removed or trafficked in violation of—
(i)section 1170(b) of title 18, United States Code; (ii)the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa et seq.); or
(iii)section 1866(b) of title 18, United States Code. (d)Tribal working groupThe Secretary of the Interior shall facilitate the convention of a tribal working group composed of representatives of Indian tribes and Native Hawaiian organizations, the Department of Justice, the Department of the Interior, the Department of Homeland Security, and the Department of State—
(1)to provide an opportunity for Indian tribes and Native Hawaiian organizations to contribute information to the Attorney General, the Secretary of the Interior, and the Secretary of State during the preparation of the report described in subsection (c); and (2)to advise the Attorney General, the Secretary of the Interior, and the Secretary of State on methods for implementing recommendations included in the report described in subsection (c).