 S1141 ENR: Women, Peace, and Security Act of 2017
U.S. Senate

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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

One Hundred Fifteenth Congress of the United States of America1st SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and
			 seventeenS. 1141IN THE SENATE OF THE UNITED STATESAN ACTTo ensure that the United States promotes the meaningful participation of women in mediation and
			 negotiation processes seeking to prevent, mitigate, or resolve violent
 conflict.1.Short titleThis Act may be cited as the Women, Peace, and Security Act of 2017.2.FindingsCongress makes the following findings:(1)Around the world, women remain under-represented in conflict prevention, conflict resolution, and post-conflict peace building efforts.(2)Women in conflict-affected regions have achieved significant success in—(A)moderating violent extremism;(B)countering terrorism;(C)resolving disputes through nonviolent mediation and negotiation; and(D)stabilizing societies by enhancing the effectiveness of security services, peacekeeping efforts, institutions, and decisionmaking processes.(3)Research suggests that peace negotiations are more likely to succeed and to result in durable peace agreements when women participate in the peace process.3.Sense of congressIt is the sense of Congress that—(1)the meaningful participation of women in conflict prevention and conflict resolution processes helps to promote more inclusive and democratic societies and is critical to the long-term stability of countries and regions;(2)the political participation, and leadership of women in fragile environments, particularly during democratic transitions, is critical to sustaining lasting democratic institutions; and(3)the United States should be a global leader in promoting the meaningful participation of women in conflict prevention, management, and resolution, and post-conflict relief and recovery efforts.4.Statement of policyIt shall be the policy of the United States to promote the meaningful participation of women in all aspects of overseas conflict prevention, management, and resolution, and post-conflict relief and recovery efforts, reinforced through diplomatic efforts and programs that—(1)integrate the perspectives and interests of affected women into conflict-prevention activities and strategies;(2)encourage partner governments to adopt plans to improve the meaningful participation of women in peace and security processes and decision-making institutions;(3)promote the physical safety, economic security, and dignity of women and girls;(4)support the equal access of women to aid distribution mechanisms and services;(5)collect and analyze gender data for the purpose of developing and enhancing early warning systems of conflict and violence;(6)adjust policies and programs to improve outcomes in gender equality and the empowerment of women; and(7)monitor, analyze, and evaluate the efforts related to each strategy submitted under section 5 and the impact of such efforts.5.United States strategy to promote the participation of women in conflict prevention and peace
 building(a)RequirementNot later than one year after the date of the enactment of this Act, and again four years thereafter, the President, in consultation with the heads of the relevant Federal departments and agencies, shall submit to the appropriate congressional committees and make publicly available a single government-wide strategy, to be known as the Women, Peace, and Security Strategy, that provides a detailed description of how the United States intends to fulfill the policy objectives in section 4. The strategy shall—(1)support and be aligned with plans developed by other countries to improve the meaningful participation of women in peace and security processes, conflict prevention, peace building, transitional processes, and decisionmaking institutions; and(2)include specific and measurable goals, benchmarks, performance metrics, timetables, and monitoring and evaluation plans to ensure the accountability and effectiveness of all policies and initiatives carried out under the strategy.(b)Specific plans for departments and agenciesEach strategy under subsection (a) shall include a specific implementation plan from each of the relevant Federal departments and agencies that describes—(1)the anticipated contributions of the department or agency, including technical, financial, and in-kind contributions, to implement the strategy; and(2)the efforts of the department or agency to ensure that the policies and initiatives carried out pursuant to the strategy are designed to achieve maximum impact and long-term sustainability.(c)CoordinationThe President should promote the meaningful participation of women in conflict prevention, in coordination and consultation with international partners, including, as appropriate, multilateral organizations, stakeholders, and other relevant international organizations, particularly in situations in which the direct engagement of the United States Government is not appropriate or advisable.(d)Sense of congressIt is the sense of Congress that the President, in implementing each strategy submitted under subsection (a), should—(1)provide technical assistance, training, and logistical support to female negotiators, mediators, peace builders, and stakeholders;(2)address security-related barriers to the meaningful participation of women;(3)encourage increased participation of women in existing programs funded by the United States Government that provide training to foreign nationals regarding law enforcement, the rule of law, or professional military education;(4)support appropriate local organizations, especially women's peace building organizations;(5)support the training, education, and mobilization of men and boys as partners in support of the meaningful participation of women;(6)encourage the development of transitional justice and accountability mechanisms that are inclusive of the experiences and perspectives of women and girls;(7)expand and apply gender analysis, as appropriate, to improve program design and targeting; and(8)conduct assessments that include the perspectives of women regarding new initiatives in support of peace negotiations, transitional justice and accountability, efforts to counter violent extremism, or security sector reform.6.Training requirements regarding the participation of women in conflict prevention and peace
 building(a)Foreign serviceThe Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, shall ensure that all appropriate personnel (including special envoys, members of mediation or negotiation teams, relevant members of the civil service or Foreign Service, and contractors) responsible for or deploying to countries or regions considered to be at risk of, undergoing, or emerging from violent conflict obtain training, as appropriate, in the following areas, each of which shall include a focus on women and ensuring meaningful participation by women:(1)Conflict prevention, mitigation, and resolution.(2)Protecting civilians from violence, exploitation, and trafficking in persons.(3)International human rights law and international humanitarian law.(b)Department of defenseThe Secretary of Defense shall ensure that relevant personnel receive training, as appropriate, in the following areas:(1)Training in conflict prevention, peace processes, mitigation, resolution, and security initiatives that specifically addresses the importance of meaningful participation by women.(2)Gender considerations and meaningful participation by women, including training regarding—(A)international human rights law and international humanitarian law, as relevant; and(B)protecting civilians from violence, exploitation, and trafficking in persons.(3)Effective strategies and best practices for ensuring meaningful participation by women.7.Consultation and collaboration(a)In generalThe Secretary of State and the Administrator of the United States Agency for International Development may establish guidelines or take other steps to ensure overseas United States personnel of the Department of State or the United States Agency for International Development, as the case may be, consult with appropriate stakeholders, including local women, youth, ethnic, and religious minorities, and other politically under-represented or marginalized populations, regarding United States efforts to—(1)prevent, mitigate, or resolve violent conflict; and(2)enhance the success of mediation and negotiation processes by ensuring the meaningful participation of women.(b)Collaboration and coordinationThe Secretary of State should work with international, regional, national, and local organizations to increase the meaningful participation of women in international peacekeeping operations, and should promote training that provides international peacekeeping personnel with the substantive knowledge and skills needed to ensure effective physical security and meaningful participation of women in conflict prevention and peace building.8.Reports to congress(a)BriefingNot later than 1 year after the date of the first submission of a strategy required under section 5, the Secretary of State, in conjunction with the Administrator of the United States Agency for International Development and the Secretary of Defense, shall brief the appropriate congressional committees on existing, enhanced, or newly established training carried out pursuant to section 6.(b)Report on women, peace, and security strategyNot later than 2 years after the date of the submission of each strategy required under section 5, the President shall submit to the appropriate congressional committees a report that—(1)summarizes and evaluates the implementation of such strategy and the impact of United States diplomatic efforts and foreign assistance programs, projects, and activities to promote the meaningful participation of women;(2)describes the nature and extent of the coordination among the relevant Federal departments and agencies on the implementation of such strategy;(3)outlines the monitoring and evaluation tools, mechanisms, and common indicators to assess progress made on the policy objectives set forth in section 4; and(4)describes the existing, enhanced, or newly established training carried out pursuant to section 6.9.DefinitionsIn this Act:(1)Appropriate congressional committeesThe term appropriate congressional committees means—(A)the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and(B)the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the of the House of Representatives.(2)Relevant Federal departments and agenciesThe term relevant Federal departments and agencies means—(A)the United States Agency for International Development;(B)the Department of State;(C)the Department of Defense;(D)the Department of Homeland Security; and(E)any other department or agency specified by the President for purposes of this Act.(3)StakeholdersThe term stakeholders means non-governmental and private sector entities engaged in or affected by conflict prevention and stabilization, peace building, protection, security, transition initiatives, humanitarian response, or related efforts.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


116 HR 657 IH: Immediate Financial Relief for Federal Employees Act
U.S. House of Representatives
2019-01-17
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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. 657IN THE HOUSE OF REPRESENTATIVESJanuary 17, 2019Mr. Cox of California (for himself, Ms. Adams, Mr. Aguilar, Ms. Barragán, Mr. Bera, Mr. Bishop of Georgia, Ms. Bonamici, Ms. Brownley of California, Mr. Cárdenas, Mr. Case, Ms. Judy Chu of California, Mr. Cicilline, Mr. Cisneros, Ms. Clarke of New York, Mr. Correa, Mr. Costa, Mr. Crow, Mrs. Davis of California, Ms. Dean, Mr. DeSaulnier, Mrs. Dingell, Ms. Escobar, Ms. Eshoo, Ms. Garcia of Texas, Mr. García of Illinois, Mr. Gomez, Mr. Harder of California, Mrs. Hayes, Ms. Hill of California, Mr. Huffman, Ms. Jackson Lee, Mr. Khanna, Mrs. Lee of Nevada, Ms. Lee of California, Mr. Levin of Michigan, Mr. Levin of California, Mr. Ted Lieu of California, Ms. Lofgren, Mr. Lowenthal, Ms. Matsui, Mrs. McBath, Mr. McNerney, Mrs. Napolitano, Mr. Neguse, Ms. Omar, Mr. Panetta, Mr. Pappas, Mr. Peters, Mr. Peterson, Ms. Plaskett, Ms. Porter, Mr. Rose of New York, Mr. Rouda, Ms. Roybal-Allard, Mr. Carbajal, Ms. Sánchez, Mr. Schiff, Mr. Sherman, Mr. Smith of Washington, Ms. Speier, Mr. Suozzi, Mr. Swalwell of California, Mr. Takano, Mr. Thompson of California, Ms. Tlaib, Mrs. Torres of California, Mr. Trone, Mr. Vargas, Mr. Veasey, Ms. Waters, Ms. Wild, Ms. Mucarsel-Powell, Mr. Ruppersberger, Mr. Luján, Mrs. Fletcher, Ms. Fudge, Mr. Quigley, Mr. Soto, Ms. Wilson of Florida, Mr. Cohen, Mr. Lipinski, Mr. Perlmutter, Mr. Larsen of Washington, Ms. Schakowsky, and Mr. Morelle) introduced the following bill; which was referred to the Committee on Oversight and ReformA BILLTo provide loans to employees of the Federal Government and the government of the District of
			 Columbia affected by a Government shutdown, and for other purposes.

 1.Short titleThis Act may be cited as the Immediate Financial Relief for Federal Employees Act. 2.Interest-free loan for Federal and DC employees affected by Government shutdowns (a)In generalThe Secretary of the Treasury shall, at the request of any employee affected by a Government shutdown, issue to such employee an interest-free loan.
 (b)Notice to employerAt the time any loan is provided to an employee affected by a Government shutdown under subsection (a), the Secretary shall notify the employee’s employer that such loan has been provided and the amount of such loan.
			(c)Loan terms
 (1)Prohibition on fees and interestThe Secretary may not charge any fee or interest in connection with a loan provided under subsection (a).
 (2)Limitation on loan amountA loan provided under subsection (a) may not exceed $6,000. (3)Employees limited to one loanWith respect to each period of time that an individual is an employee affected by a Government shutdown, the individual may not be provided more than one loan under subsection (a).
				(d)Loan repayment
 (1)Repayment through garnishmentWith respect to an individual who was provided a loan under subsection (a), when such individual is no longer an employee affected by a Government shutdown, the employer of the individual shall garnish 100 percent of the individual’s pay with respect to the applicable pay period, and transfer such amounts to the Secretary as repayment on the loan provided to the individual under subsection (a), until the loan is repaid in full.
 (2)Additional repaymentThe Secretary shall issue regulations to provide for a repayment process for loans provided under subsection (a) with respect to which the garnishment requirement under paragraph (1) will not provide for the full repayment of the loan.
 (e)ClarificationAny loan provided under subsection (a) shall not— (1)be treated as basic pay or annual pay of an employee for purposes of title 5, United States Code; or
 (2)be counted for purposes of determining the amount of backpay owed to such employee under the Government Employee Fair Treatment Act of 2019 or any other provision of law.
 (f)Authority To make loans and pay for administrative costsThere are hereby made available to the Secretary from amounts in the general fund of the Treasury not otherwise appropriated, such sums as may be necessary to provide the loans described under subsection (a) and to pay for the administrative costs of carrying out this section.
 (g)DefinitionsFor purposes of this section: (1)Employee affected by a Government shutdownThe term employee affected by a Government shutdown means—
 (A)any employee of a Federal agency with respect to which appropriations have lapsed for a period equal to or longer than 15 consecutive days beginning on or after December 22, 2018; and
 (B)any employee of an office of the government of the District of Columbia with respect to which appropriations have so lapsed.
 (2)EmployerWith respect to an individual who is provided a loan under subsection (a), the term employer means the Federal agency or office of the government of the District of Columbia that employs such individual on the date the individual became an employee affected by a Government shutdown.
 (3)SecretaryThe term Secretary means the Secretary of the Treasury.


114 HR 2951 IH: JAWS Act
U.S. House of Representatives
2015-07-07
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EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 2951
		IN THE HOUSE OF REPRESENTATIVES

			July 7, 2015
			Mr. Farenthold introduced the following bill; which was referred to the Committee on Foreign Affairs

		A BILL
		To prohibit foreign assistance to countries that do not prohibit shark finning in the territorial
			 waters of the country or the importation, sale, or possession of shark
			 fins obtained as a result of shark finning.

 1.Short titleThis Act may be cited as the Justice Attributed to Wounded Sharks Act or JAWS Act. 2.Prohibition on foreign assistance to countries that do not prohibit shark finning in the territorial waters of the country or the importation, sale, or possession of shark fins obtained as a result of shark finning (a)In generalNo funds available to any Federal department or agency may be used to provide assistance to a country if the President determines that the country does not prohibit the following:
 (1)Shark finning in the territorial waters of the country. (2)The importation, sale, or possession of shark fins obtained as a result of shark finning.
 (b)DefinitionIn this section, the term shark finning has the meaning given the term in section 9 of the Shark Finning Prohibition Act (16 U.S.C. 1822 note).
 (c)Effective dateThis Act takes effect on the date of the enactment of this Act and applies with respect to funds available to a Federal department or agency beginning on or after the date that is 90 days after such date of enactment.


115 HR 1602 IH: Segal AmeriCorps Education Award Tax Relief Act of 2017
U.S. House of Representatives
2017-03-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1602IN THE HOUSE OF REPRESENTATIVESMarch 17, 2017Mr. Lewis of Georgia introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for AmeriCorps
			 educational awards.

 1.Short titleThis Act may be cited as the Segal AmeriCorps Education Award Tax Relief Act of 2017. 2.Exclusion from gross income of AmeriCorps educational awards (a)In generalParagraph (2) of section 117(c) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , or, and by adding at the end the following new subparagraph:

 (D)a national service educational award under subtitle D of title I of the National and Community Service Act of 1990..
 (b)Exclusion of discharge of student loan debtSubsection (f) of section 108 of such Code is amended by adding at the end the following new paragraph:

 (5)Payments under national service educational award programsIn the case of an individual, gross income shall not include any amount received under a national service educational award under subtitle D of title I of the National and Community Service Act of 1990 (42 U.S.C. 12601 et seq.)..
 (c)Effective dateThe amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act.


		I
		112th CONGRESS
		1st Session
		H. R. 503
		IN THE HOUSE OF REPRESENTATIVES

			January 26, 2011
			Mr. George Miller of
			 California (for himself and Mr.
			 Markey) introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To provide whistleblower protections to certain workers
		  in the offshore oil and gas industry.

		1.Short titleThis Act may be cited as the
			 Offshore Oil and Gas Worker
			 Whistleblower Protection Act of 2011.
		2.Whistleblower
			 protections; employee protection from other retaliation
			(a)Prohibition
			 Against Retaliation
				(1)In
			 generalNo employer may discharge or otherwise discriminate
			 against a covered employee because the covered employee, whether at the covered
			 employee’s initiative or in the ordinary course of the covered employee’s
			 duties—
					(A)provided, caused
			 to be provided, or is about to provide or cause to be provided to the employer
			 or to a Federal or State Government official, information relating to any
			 violation of, or any act or omission the covered employee reasonably believes
			 to be a violation of, any provision of the Outer Continental Shelf Lands Act
			 (43 U.S.C. 1301 et seq.), or any order, rule, regulation, standard, or
			 prohibition under that Act, or exercised any rights provided to employees under
			 that Act;
					(B)testified or is
			 about to testify in a proceeding concerning such violation;
					(C)assisted or
			 participated or is about to assist or participate in such a proceeding;
					(D)testified or is
			 about to testify before Congress on any matter covered by such Act;
					(E)objected to, or refused to participate in
			 any activity, policy, practice, or assigned task that the covered employee
			 reasonably believed to be in violation of any provision of such Act, or any
			 order, rule, regulation, standard, or ban under such Act;
					(F)reported to the employer or a State or
			 Federal Government official any of the following related to the employer’s
			 activities described in section 3(1): an illness, injury, unsafe condition, or
			 information regarding the adequacy of any oil spill response plan required by
			 law; or
					(G)refused to perform
			 the covered employee’s duties, or exercised stop work authority, related to the
			 employer’s activities described in section 3(1) if the covered employee had a
			 good faith belief that performing such duties could result in injury to or
			 impairment of the health of the covered employee or other employees, or cause
			 an oil spill to the environment.
					(2)Good faith
			 beliefFor purposes of paragraph (1)(E), the circumstances
			 causing the covered employee’s good faith belief that performing such duties
			 would pose a health and safety hazard shall be of such a nature that a
			 reasonable person under circumstances confronting the covered employee would
			 conclude there is such a hazard.
				(b)Process
				(1)In
			 generalA covered employee who believes that he or she has been
			 discharged or otherwise discriminated against (hereafter referred to as the
			 complainant) by any employer in violation of subsection (a)(1)
			 may, not later than 180 days after the date on which such alleged violation
			 occurs or the date on which the covered employee knows or should reasonably
			 have known that such alleged violation occurred, file (or have any person file
			 on his or her behalf) a complaint with the Secretary of Labor (referred to in
			 this section as the Secretary) alleging such discharge or
			 discrimination and identifying employer or employers responsible for such act.
			 Upon receipt of such a complaint, the Secretary shall notify, in writing, the
			 employer or employers named in the complaint of the filing of the complaint, of
			 the allegations contained in the complaint, of the substance of evidence
			 supporting the complaint, and of the opportunities that will be afforded to
			 such person under paragraph (2).
				(2)Investigation
					(A)In
			 generalNot later than 90 days after the date of receipt of a
			 complaint filed under paragraph (1) the Secretary shall initiate an
			 investigation and determine whether there is reasonable cause to believe that
			 the complaint has merit and notify, in writing, the complainant and the
			 employer or employers alleged to have committed a violation of subsection
			 (a)(1) of the Secretary’s findings. The Secretary shall, during such
			 investigation afford the complainant and the employer or employers named in the
			 complaint an opportunity to submit to the Secretary a written response to the
			 complaint and an opportunity to meet with a representative of the Secretary to
			 present statements from witnesses. The complainant shall be provided with an
			 opportunity to review the information and evidence provided by employer or
			 employers to the Secretary, and to review any response or rebuttal by such the
			 complaint, as part of such investigation.
					(B)Reasonable cause
			 found; preliminary orderIf the Secretary concludes that there is
			 reasonable cause to believe that a violation of subsection (a)(1) has occurred,
			 the Secretary shall accompany the Secretary’s findings with a preliminary order
			 providing the relief prescribed by paragraph (3)(B). Not later than 30 days
			 after the date of notification of findings under this paragraph, the employer
			 or employers alleged to have committed the violation or the complainant may
			 file objections to the findings or preliminary order, or both, and request a
			 hearing on the record before an administrative law judge of the Department of
			 Labor. The filing of such objections shall not operate to stay any
			 reinstatement remedy contained in the preliminary order. Any such hearing shall
			 be conducted expeditiously. If a hearing is not requested in such 30-day
			 period, the preliminary order shall be deemed a final order that is not subject
			 to judicial review. The Secretary of Labor is authorized to enforce preliminary
			 reinstatement orders in the United States district court for the district in
			 which the violation was found to occur, or in the United States district court
			 for the District of Columbia.
					(C)Dismissal of
			 complaint
						(i)Standard for
			 complainantThe Secretary shall dismiss a complaint filed under
			 this subsection and shall not conduct an investigation otherwise required under
			 subparagraph (A) unless the complainant makes a prima facie showing that any
			 behavior described in subparagraphs (A) through (G) of subsection (a)(1) was a
			 contributing factor in the adverse action alleged in the complaint.
						(ii)Standard for
			 employerNotwithstanding a finding by the Secretary that the
			 complainant has made the showing required under clause (i), no investigation
			 otherwise required under subparagraph (A) shall be conducted if the employer
			 demonstrates, by clear and convincing evidence, that the employer would have
			 taken the same adverse action in the absence of that behavior.
						(iii)Violation
			 standardThe Secretary may determine that a violation of
			 subsection (a)(1) has occurred only if the complainant demonstrates that any
			 behavior described in subparagraphs (A) through (G) of such subsection was a
			 contributing factor in the adverse action alleged in the complaint.
						(iv)Relief
			 standardRelief may not be ordered under subparagraph (A) if the
			 employer demonstrates by clear and convincing evidence that the employer would
			 have taken the same adverse action in the absence of that behavior.
						(3)Orders
					(A)In
			 generalNot later than 90 days after the receipt of a request for
			 a hearing under subsection (b)(2)(B), the administrative law judge shall issue
			 findings of fact and order the relief provided under this paragraph or deny the
			 complaint. At any time before issuance of an order, a proceeding under this
			 subsection may be terminated on the basis of a settlement agreement entered
			 into by the Secretary, the complainant, and the person alleged to have
			 committed the violation. Such a settlement may not be agreed by such parties if
			 it contains conditions which conflict with rights protected under this Act, are
			 contrary to public policy, or include a restriction on a complainant’s right to
			 future employment with employers other than the specific employers named in the
			 complaint.
					(B)Content of
			 orderIf, in response to a complaint filed under paragraph (1),
			 the administrative law judge determines that a violation of subsection (a)(1)
			 has occurred, the administrative law judge shall order the employer or
			 employers who committed such violation—
						(i)to
			 take affirmative action to abate the violation;
						(ii)to
			 reinstate the complainant to his or her former position together with
			 compensation (including back pay and prejudgment interest) and restore the
			 terms, conditions, and privileges associated with his or her employment;
			 and
						(iii)to
			 provide compensatory and consequential damages, and, as appropriate, exemplary
			 damages to the complainant.
						(C)Attorney
			 feesIf such an order is issued under this paragraph, the
			 Secretary, at the request of the complainant, shall assess against the employer
			 or employers a sum equal to the aggregate amount of all costs and expenses
			 (including attorneys’ and expert witness fees) reasonably incurred by the
			 complainant for, or in connection with, the bringing of the complaint upon
			 which the order was issued at the conclusion of any stage of the
			 proceeding.
					(D)Bad faith
			 claimIf the Secretary finds that a complaint under paragraph (1)
			 is frivolous or has been brought in bad faith, the Secretary may award to the
			 prevailing employer reasonable attorneys’ fees, not exceeding $1,000, to be
			 paid by the complainant.
					(E)Administrative
			 appealNot later than 30 days after the receipt of findings of
			 fact or an order under subparagraph (B), the employer or employers alleged to
			 have committed the violation or the complainant may file, with objections, an
			 administrative appeal with the Secretary, who may designate such appeal to a
			 review board. In reviewing a decision and order of the administrative law
			 judge, the Secretary shall affirm the decision and order if it is determined
			 that the factual findings set forth therein are supported by substantial
			 evidence and the decision and order are made in accordance with applicable law.
			 The Secretary shall issue a final decision and order affirming, or reversing,
			 in whole or in part, the decision under review within 90 days after receipt of
			 the administrative appeal under this subparagraph. If it is determined that a
			 violation of subsection (a)(1) has occurred, the Secretary shall order relief
			 provided under subparagraphs (B) and (C). Such decision shall constitute a
			 final agency action with respect to the matter appealed.
					(4)Action in
			 court
					(A)In
			 generalIf the Secretary has not issued a final decision within
			 330 days after the filing of the complaint, the complainant may bring an action
			 at law or equity for de novo review in the appropriate district court of the
			 United States, which action shall, at the request of either party to such
			 action, be tried by the court with a jury. The proceedings shall be governed by
			 the same legal burdens of proof specified in paragraph (2)(C).
					(B)ReliefThe
			 court may award all appropriate relief including injunctive relief,
			 compensatory and consequential damages, including—
						(i)reinstatement with
			 the same seniority status that the covered employee would have had, but for the
			 discharge or discrimination;
						(ii)the
			 amount of back pay sufficient to make the covered employee whole, with
			 prejudgment interest;
						(iii)exemplary
			 damages, as appropriate; and
						(iv)litigation costs, including reasonable
			 attorney fees and expert witness fees.
						(5)Review
					(A)In
			 generalAny person aggrieved
			 by a final order issued under paragraph (3) or a judgment or order under
			 paragraph (4) may obtain review of the order in the appropriate United States
			 Court of Appeals. The petition for review must be filed not later than 60 days
			 after the date of the issuance of the final order of the Secretary. Review
			 shall be in accordance with chapter 7 of title 5, United States Code. The
			 commencement of proceedings under this subparagraph shall not, unless ordered
			 by the court, operate as a stay of the order.
					(B)No other
			 judicial reviewAn order of the Secretary with respect to which
			 review could have been obtained under subparagraph (A) shall not be subject to
			 judicial review in any other proceeding.
					(6)Failure to
			 comply with orderWhenever any employer has failed to comply with
			 an order issued under paragraph (3), the Secretary may obtain in a civil action
			 in the United States district court for the district in which the violation was
			 found to occur, or in the United States district court for the District of
			 Columbia, all appropriate relief including, but not limited to, injunctive
			 relief and compensatory damages.
				(7)Civil action to
			 require compliance
					(A)In
			 generalWhenever an employer
			 has failed to comply with an order issued under paragraph (3), the complainant
			 on whose behalf the order was issued may obtain in a civil action in an
			 appropriate United States district court against the employer to whom the order
			 was issued, all appropriate relief.
					(B)AwardThe
			 court, in issuing any final order under this paragraph, may award costs of
			 litigation (including reasonable attorneys’ and expert witness fees) to any
			 party whenever the court determines such award is appropriate.
					(c)Construction
				(1)Effect on other
			 lawsNothing in this section preempts or diminishes any other
			 safeguards against discrimination, demotion, discharge, suspension, threats,
			 harassment, reprimand, retaliation, or any other manner of discrimination
			 provided by Federal or State law.
				(2)Rights of
			 employeesNothing in this section shall be construed to diminish
			 the rights, privileges, or remedies of any employee under any Federal or State
			 law or under any collective bargaining agreement. The rights and remedies in
			 this section may not be waived by any agreement, policy, form, or condition of
			 employment.
				(d)Enforcement of
			 Nondiscretionary DutiesAny nondiscretionary duty imposed by this
			 section shall be enforceable in a mandamus proceeding brought under section
			 1361 of title 28, United States Code.
			(e)Posting of
			 Notice and TrainingAll employers shall post a notice which has
			 been approved as to form and content by the Secretary of Labor in a conspicuous
			 location in the place of employment where covered employees frequent which
			 explains employee rights and remedies under this section. Each employer shall
			 provide training to covered employees of their rights under this section within
			 30 days of employment, and at not less than once every 12 months thereafter,
			 and provide covered employees with a card which contains a toll free telephone
			 number at the Department of Labor which covered employees can call to get
			 information or file a complaint under this section.
			(f)Designation by
			 the SecretaryThe Secretary of Labor shall, within 30 days of the
			 date of enactment of this Act, designate by order the appropriate agency
			 officials to receive, investigate, and adjudicate complaints of violations of
			 subsection (a)(1).
			3.DefinitionsAs used in this Act the following
			 definitions apply:
			(1)The term
			 covered employee—
				(A)means an
			 individual performing services on behalf of an employer that is engaged in
			 activities on or in waters above the Outer Continental Shelf related to—
					(i)supporting, or
			 carrying out exploration, development, production, processing, or
			 transportation of oil or gas; or
					(ii)oil
			 spill cleanup, emergency response, environmental surveillance, protection, or
			 restoration, or other oil spill activities related to occupational safety and
			 health; and
					(B)includes an
			 applicant for such employment.
				(2)The term
			 employer means one or more individuals, partnerships,
			 associations, corporations, trusts, unincorporated organizations,
			 nongovernmental organizations, or trustees, and includes any agent, contractor,
			 subcontractor, grantee or consultant of such employer.
			(3)The term
			 Outer Continental Shelf has the meaning that the term outer
			 Continental Shelf has in the Outer Continental Shelf Lands Act (43
			 U.S.C. 1331 et seq.).


116 S1713 IS: Aeronautics Innovation Act
U.S. Senate
2019-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1713IN THE SENATE OF THE UNITED STATESJune 4, 2019Mr. Warner (for himself and Mr. Moran) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo secure the technological edge of the United States in civil and military aviation, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Aeronautics Innovation Act. 2.FindingsCongress makes the following findings:
 (1)The United States aircraft manufacturing industry produced $342,682,000,000 in economic activity from manufacture of aircraft and parts sales and supported 547,900 direct jobs in 2016.
 (2)Growth in the civil aircraft market is projected to offer $8,000,000,000,000 to $10,000,000,000,000 in new aircraft sales, parts, and services over the next 17 years. International governments are boosting their research and development investments to give their domestic industries competitive advantages in the aircraft market.
 (3)In 2015, the Department of Defense spent $10,600,000,000 on jet fuel and $441,600,000 on jet fuel transportation to support the warfighter. NASA's research into ultra-efficient air transport is important to the military's efforts to reduce fuel costs, logistics pressures, and the level of human risk involved with providing worldwide energy solutions.
 (4)NASA's aeronautics research and collaborative ventures yield innovations that can eventually be utilized in the aviation sector, opening up entirely new markets, enabling the United States aviation industry to grow and maintain global competitiveness, providing high-quality engineering and manufacturing jobs, and benefiting the quality of life for our citizens.
 (5)Continued progress in the science and technology of aeronautics is crucial to the United States sustained economic success and the protection of the United States security interests at home and around the world, as acknowledged in the 2006 National Aeronautics Research and Development Policy. To ensure Federal efforts remain on a disciplined path to meet national objectives, the Director of the Office of Science and Technology Policy is responsible for the implementation and biennial review of the aeronautics research and development plan of the United States.
 (6)All of NASA's other directorates and capabilities, including those in space, depend on research and technology that originated and is maintained in NASA's Aeronautics Centers.
 (7)Aeronautics plays a central role in our national security strategy, and our technological advantage over potential adversaries must be maintained with sustained and focused research and development.
 (8)NASA Aeronautics Research Mission Directorate's 6 strategic thrusts (safe, efficient growth in global operations; innovation in civil supersonic aircraft; ultra-efficient subsonic vehicles; quiet and affordable vertical lift air vehicles; real-time, systemwide safety assurance; and assured autonomy for aviation transformation) are effective and necessary research areas for the development of next generation aeronautics technology that will preserve the United States lead in the global aviation industry.
 (9)Aeronautics research is focused on fundamental capabilities that have the potential to open entirely new industries, including low-cost electric propulsion, advanced composite material manufacturing, simplified air vehicle operation, and increased vertical takeoff and landing, that will allow for safer and more efficient aviation products and support mobility and economic growth.
 (10)To meet the challenges of the 21st century, the United States needs to support NASA's Aeronautics Research Program at funding levels that are commensurate with its past, present, and future contributions to the economic competitiveness and national security of the United States.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of NASA.
 (2)Aeronautics strategic implementation planThe term Aeronautics Strategic Implementation Plan means the Aeronautics Strategic Implementation Plan issued by the NASA Aeronautics Research Mission Directorate.
 (3)Air traffic management systemThe term air traffic management system means the procedures, technology, and human resources to guide aircraft through the sky and on the ground and to manage low- and high-altitude airspace use.
 (4)NASAThe term NASA means the National Aeronautics and Space Administration. (5)Unmanned aircraftThe term unmanned aircraft means an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft.
 (6)Unmanned aircraft systemThe term unmanned aircraft system means an unmanned aircraft and associated elements (including communication links and the components that control the unmanned aircraft) that are required for the pilot in command to operate safely and efficiently in the national airspace system.
			4.Experimental plane programs
 (a)Sense of CongressIt is the sense of Congress that— (1)developing high-risk, precompetitive aeronautics technologies and demonstration aircraft for which there is not yet a profit rationale is a fundamental NASA role;
 (2)near-full-scale to laboratory and flight vehicle flight test experimentation and validation are necessary for—
 (A)transitioning new technologies and materials, as well as their associated manufacturing processes, for general aviation, commercial, and military aeronautics use; and
 (B)capturing the full breadth of benefits from the Aeronautics Research Mission Directorate's investments in priority programs called for in—
 (i)the National Aeronautics Research and Development Plan issued by the National Science and Technology Council in February 2010;
 (ii)the NASA 2014 Strategic Plan; (iii)the Aeronautics Strategic Implementation Plan; and
 (iv)any updates to the programs called for in the plans described in clause (i) through (iii); and (3)a level of funding that adequately supports full-scale experimentation and related infrastructure must be assured over a sustained period of time to restore NASA's capacity to see legacy priority programs through to completion and achieve national economic and security objectives.
 (b)National policyIt is the policy of the United States to maintain world leadership in military and civilian aeronautical science and technology, global air power projection, and industrial leadership. To this end, one of the fundamental objectives of NASA aeronautics research is the steady progression and expansion of flight research and capabilities, including the science and technology of critical underlying disciplines and competencies, chief among which are computational-based analytical and predictive tools and methodologies, aerothermodynamics, flight propulsion, high-temperature structures and materials, and flight controls.
 (c)Establishment of programs or projectsThe Administrator shall establish the following programs or projects: (1)A low-boom supersonic aircraft program or project that will—
 (A)demonstrate supersonic aircraft designs and technologies that reduce sonic boom noise to levels that encourage the repeal of domestic and international bans on supersonic flight overland; and
 (B)gather the data needed to support informed decisions of the Federal Aviation Administration regarding overland supersonic flight.
 (2)A subsonic flight program of flight technology demonstrations that use existing aircraft and multiple large-scale X-Plane demonstrators developed sequentially or in parallel, each of which is based on a set of new configuration concepts or technologies determined by the Administrator—
 (A)to demonstrate aircraft vehicle and propulsion concepts and technologies and related advances in alternative propulsion and energy; and
 (B)to enable significant increases in energy efficiency and lower life cycle emissions in the aviation system while achieving a step change in noise emissions.
 (3)An advanced structures, materials, and manufacturing program that— (A)leverages advances in composite material and structures design, certification, and manufacturing technologies for use in commercial and military aircraft that have been enabled by the Advanced Composites Project and the Advanced Composite Consortium;
 (B)drastically reduces the nonrecurring time and cost for design, manufacturing technology development, and certification of advanced and nontraditional composite materials and manufacturing processes;
 (C)makes time reduction improvements to increase recurring production rates; and
 (D)includes, as focus areas— (i)the leveraging of advances in computer modeling and simulation in virtual allowables, automated design tools, and manufacturing process development;
 (ii)the enabling of rapid design, automated manufacturing technology, inspection, process control, and certification for nonorthogonal lay-ups, nontraditional preforms, thermoplastics, ceramics, advanced resin infusion processes, and additive manufacturing for primary aircraft structure; and
 (iii)the advancement of manufacturing processes, technologies, inspection methods, and certification pathways for bonded and integrated fail-safe damage tolerant aircraft structures.
						(d)Program elements
 (1)For each of the programs established under subsection (c), the Administrator shall— (A)include development of experimental aircraft (X-Plane), experimental systems (X-System), multiple technologies, and all necessary supporting flight assets;
 (B)pursue a robust technology maturation and flight validation program that addresses challenges in technology development and maturation;
 (C)improve necessary facilities, flight testing capabilities, and computational tools to support the program;
 (D)only award primary contracts for design, procurement, and manufacture to United States companies, consistent with international obligations and commitments;
 (E)coordinate research and flight demonstration activities with other Federal agencies, as appropriate, and the United States aviation manufacturing community; and
 (F)ensure that the program remains aligned with the Aeronautics Strategic Implementation Plan, and any updates to such plan.
 (2)For the advanced structures, materials, and manufacturing program, the Administrator shall— (A)offer to enter into a public-private partnership, which shall be known as the Advanced Structures, Materials, and Manufacturing Program, between—
 (i)NASA; and (ii)appropriate public and private entities;
 (B)ensure a 50-percent Federal cost share for applicable research; (C)include as a key partner the Federal Aviation Administration;
 (D)include as a partner any other Federal agency the participation of which the Administrator determines will further the purpose of the partnership; and
 (E)provide a structure for managing intellectual property generated by the program based on or consistent with the structure established for NASA’s Advanced Composites Consortium.
 (e)On-Demand aviationCongress makes the following findings: (1)Fuller utilization of high-speed air transportation, small airports, helipads, vertical flight infrastructure, and other infrastructure can alleviate transportation congestion and support economic growth within cities.
 (2)NASA should continue to develop and test air vehicles, different propulsion systems, network systems, unmanned aircraft system traffic management systems, and technology that can be utilized in on-demand air transportation.
 (3)NASA should actively support the research around the use of airspace for on-demand aviation. (4)This work should leverage NASA's ongoing efforts in developing advanced technologies for large, high-volume commercial aircraft applications and airspace operations. The Administrator should assess which air traffic concepts perform most efficiently, taking into consideration factors such as existing city infrastructure, small airports, and current airspace operations.
 (f)Definition of United States companyIn this section, the term United States company means a private entity— (1)organized under the laws of the United States; and
 (2)that has one or more existing facilities located in the continental United States, including infrastructure and staffing, capable of meeting the objectives of the program in which the company seeks to participate, as determined by the Administrator.
				5.Unmanned aircraft systems
 (a)Sense of CongressIt is the sense of Congress that— (1)to ensure United States competitiveness on the global stage, the Federal Government must work with the private sector to safely integrate the increasing number of commercial applications for unmanned aircraft systems; and
 (2)the sustained, efficient growth of the United States transportation system will require harnessing the safety and efficiency benefits of automated systems to relieve pressure on infrastructure and traffic management.
 (b)PolicyIt is the policy of the United States Government to be an active partner with the private sector in the development of technologies, capabilities, and operating procedures for the safe, efficient integration of unmanned aircraft systems into the national airspace, while ensuring current and future air traffic management systems are able to manage unmanned aircraft systems.
 (c)Unmanned aircraft systems operation programTo advance the national policy described in subsection (b), the Administrator shall— (1)research, develop, and test capabilities and concepts, including unmanned aircraft systems communications and spectrum-related resources, for integrating unmanned aircraft systems into the national airspace system;
 (2)leverage NASA's partnership with industry focused on the advancement of technologies for future air traffic management systems for unmanned aircraft for low- and high-altitude operations;
 (3)leverage industry's advancement of technologies for unmanned aircraft to inform regulatory and standards requirements for various sizes of civil unmanned aircraft systems;
 (4)consider the needs of United States industry, especially as operations transition to more automated systems; and
 (5)continue to align its research and testing portfolio to inform unmanned aircraft system integration consistent with public safety and national security objectives.
 (d)Coordination with the Federal Aviation AdministrationIt is the sense of Congress that— (1)NASA should continue to coordinate with the Federal Aviation Administration on research on air traffic management systems for unmanned aircraft systems and assist in the establishment of the pilot program required under section 2208 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 40101 note) and the subsequent implementation of unmanned aircraft system traffic management systems; and
 (2)unmanned aircraft system integration and unmanned traffic management research should continue to leverage the resources available through the unmanned aircraft system test ranges designated by the Federal Aviation Administration under section 332 of the FAA Modernization and Reform Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 note).
				6.21st century aeronautics research capabilities initiative
 (a)EstablishmentThe Administrator shall establish a 21st Century Aeronautics Capabilities Initiative, within the Construction and Environmental Compliance and Restoration Account, to ensure that NASA possesses the infrastructure capabilities and computational tools necessary to conduct proposed flight demonstration projects across the range of NASA aeronautics interests. As part of such Initiative, the Administrator shall carry out the following activities:
 (1)Any investments necessary to upgrade and create facilities for civil and national security aeronautics research to support advancements in long-term foundational science and technology, advanced aircraft systems, air traffic management systems, fuel efficiency and electric propulsion technologies, systemwide safety assurance, autonomous aviation, and supersonic and hypersonic aircraft design and development.
 (2)Any measures supporting flight testing activities, to include continuous refinement and development of free-flight test techniques and methodologies, upgrades and improvements to real-time tracking and data acquisition, and any other measures related to aeronautics research support and modernization as the Administrator may consider appropriate to carry out the scientific study of the problems of flight, with a view to their practical solution.
 (b)Authorization of appropriationsFor the purpose of carrying out this section, there are authorized to be appropriated to NASA $100,000,000 for each of fiscal years 2020 through 2024, to be derived from amounts otherwise authorized to be appropriated to NASA.
			(c)Report
 (1)Report requiredNot later than 120 days after the date of enactment of this Act, the Administrator shall transmit to Congress a report containing a 5-year plan for the implementation of the 21st Century Aeronautics Research Capabilities Initiative.
 (2)ElementsThe report required by this subsection shall include— (A)a description of proposed projects;
 (B)a description of the manner in which such projects align with the Aeronautics Strategic Implementation Plan or the roadmap developed by the joint technology office on hypersonics under section 218(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (10 U.S.C. note), and any updates to such plan or roadmap; and
 (C)a timetable for carrying out activities and initiatives authorized under this section. 7.Authorizations of appropriations (a)Fiscal year 2020There are authorized to be appropriated to NASA Aeronautics Research Mission Directorate for fiscal year 2020, $840,000,000, as follows:
 (1)For Airspace Operations and Safety Program, $159,000,000. (2)For Advanced Air Vehicles Program, $280,000,000.
 (3)For Integrated Aviation Systems Program, $251,000,000. (4)For Transformative Aero Concepts Program, $100,000,000.
 (5)For Advanced Materials and Manufacturing Program, $50,000,000. (b)Fiscal year 2021There are authorized to be appropriated to NASA Aeronautics Research Mission Directorate for fiscal year 2021, $930,000,000, as follows:
 (1)For Airspace Operations and Safety Program, $165,000,000. (2)For Advanced Air Vehicles Program, $303,000,000.
 (3)For Integrated Aviation Systems Program, $300,000,000. (4)For Transformative Aero Concepts Program, $112,000,000.
 (5)For Advanced Materials and Manufacturing Program, $50,000,000. (c)Fiscal year 2022There are authorized to be appropriated to NASA Aeronautics Research Mission Directorate for fiscal year 2022, $974,000,000, as follows:
 (1)For Airspace Operations and Safety Program, $170,000,000. (2)For Advanced Air Vehicles Program, $290,000,000.
 (3)For Integrated Aviation Systems Program, $350,000,000. (4)For Transformative Aero Concepts Program, $114,000,000.
 (5)For Advanced Materials and Manufacturing Program, $50,000,000. (d)Fiscal year 2023There are authorized to be appropriated to NASA Aeronautics Research Mission Directorate for fiscal year 2023, $996,000,000, as follows:
 (1)For Airspace Operations and Safety Program, $175,000,000. (2)For Advanced Air Vehicles Program, $295,000,000.
 (3)For Integrated Aviation Systems Program, $360,000,000. (4)For Transformative Aero Concepts Program, $116,000,000.
 (5)For Advanced Materials and Manufacturing Program, $50,000,000. (e)Fiscal year 2024There are authorized to be appropriated to NASA Aeronautics Research Mission Directorate for fiscal year 2024, $1,030,000,000, as follows:
 (1)For Airspace Operations and Safety Program, $180,000,000. (2)For Advanced Air Vehicles Program, $300,000,000.
 (3)For Integrated Aviation Systems Program, $382,000,000. (4)For Transformative Aero Concepts Program, $118,000,000.
 (5)For Advanced Materials and Manufacturing Program, $50,000,000.


		I
		112th CONGRESS
		1st Session
		H. R. 3231
		IN THE HOUSE OF REPRESENTATIVES

			October 14, 2011
			Mr. Meehan (for
			 himself, Mr. Connolly of Virginia,
			 Mr. Carney, and
			 Mr. Stivers) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to increase
		  the amount allowed as a deduction for start-up expenditures.

		1.Increase in amount allowed as
			 deduction for start-up expenditures
			(a)In
			 generalParagraph (3) of section 195(b) of the Internal Revenue
			 Code of 1986 is amended to read as follows:

					(3)Special rule for
				taxable years beginning in 2011, 2012, 2013, or 2014In the case
				of a taxable year beginning in 2011, 2013, or 2014, paragraph (1)(A)(ii) shall
				be applied—
						(A)by substituting
				$20,000 for $5,000, and
						(B)by substituting
				$75,000 for
				$50,000.
						.
			(b)Effective
			 dateThe amendments made by this section shall apply to amounts
			 paid or incurred in taxable years beginning after December 31, 2010.


109 HR 4946 IH: Berry Amendment Extension Act
U.S. House of Representatives
2006-03-14
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.

I
109th CONGRESS 2d Session
H. R. 4946
IN THE HOUSE OF REPRESENTATIVES

March 14, 2006
Mr. Hayes (for himself, Mr. Rogers of Kentucky, Mr. Hunter, Mr. McGovern, Mr. Spratt, Mr. Wilson of South Carolina, Mrs. Myrick, Ms. Foxx, Mr. Coble, Mr. Goode, Mr. Gordon, Mr. Marshall, Mr. McCotter, Mr. Wamp, Mr. Jones of North Carolina, Mr. Davis of Tennessee, Mr. Simmons, Mr. Istook, Ms. Bordallo, Mr. McHenry, Mr. Turner, and Mr. Putnam) introduced the following bill; which was referred to the Committee on Homeland Security

A BILL
To prohibit the Department of Homeland Security from procuring certain items directly related to the national security unless the items are grown, reprocessed, reused, or produced in the United States.

1.Short titleThis Act may be cited as the Berry Amendment Extension Act.
2.Buy-American requirement imposed on Department of Homeland Security; exceptions
(a)RequirementExcept as provided in subsections (c) through (e), funds appropriated or otherwise available to the Department of Homeland Security may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.
(b)Covered itemsAn item referred to in subsection (a) is any of the following, if the item is directly related to the national security interests of the United States:
(1)An article or item of—
(A)clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);
(B)tents, tarpaulins, or covers;
(C)cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or
(D)any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
(2)Specialty metals, including stainless steel flatware.
(3)Hand or measuring tools.
(c)Availability exceptionSubsection (a) does not apply to the extent that the Secretary of Homeland Security determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b)(1) or specialty metals (including stainless steel flatware) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices.
(d)Exception for certain procurements outside the United StatesSubsection (a) does not apply to the following:
(1)Procurements by vessels in foreign waters.
(2)Emergency procurements or procurements of perishable foods by an establishment located outside the United States for the personnel attached to such establishment.
(e)Exception for small purchasesSubsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in section 2304(g) of title 10, United States Code.
(f)Applicability to contracts and subcontracts for procurement of commercial itemsThis section is applicable to contracts and subcontracts for the procurement of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430).
(g)Geographic coverageIn this section, the term United States includes the possessions of the United States.
(h)Notification required within 7 days after contract award if certain exceptions appliedIn the case of any contract for the procurement of an item described in subsection (b)(1), if the Secretary of Homeland Security applies an exception set forth in subsection (c) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as FedBizOps.gov (or any successor site).
(i)Training During Fiscal Year 2006
(1)In generalThe Secretary of Homeland Security shall ensure that each member of the acquisition workforce in the Department of Homeland Security who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 2006 on the requirements of this section and the regulations implementing this section.
(2)Inclusion of information in new training programsThe Secretary shall ensure that any training program for the acquisition workforce developed or implemented after the date of the enactment of this Act includes comprehensive information on the requirements described in paragraph (1).
(j)Consistency with international agreements
(1)In generalNo provision of this Act shall apply to the extent the Secretary of Homeland Security, in consultation with the United States Trade Representative, determines that it is in inconsistent with United States obligations under an international agreement.
(2)ReportThe Secretary of Homeland Security shall submit a report each year to Congress containing, with respect to the year covered by the report—
(A)a list of each provision of this Act that did not apply during that year pursuant to a determination by the Secretary under paragraph (1); and
(B)a list of each contract awarded by the Department of Homeland Security during that year without regard to a provision in this Act because that provision was made inapplicable pursuant to such a determination.
(k)Effective dateThis section applies with respect to contracts entered into by the Department of Homeland Security after the date of the enactment of this Act.


		III
		109th CONGRESS
		2d Session
		S. RES. 615
		IN THE SENATE OF THE UNITED STATES

			November 16, 2006
			Mr. Chambliss (for
			 himself and Mr. Isakson) submitted the
			 following resolution; which was referred to the
			 Committee on the
			 Judiciary

		RESOLUTION
		Designating November 26, 2006, as
		  Drive Safer Sunday.

		Whereas motor vehicle travel is the primary means of
			 transportation in the United States;
		Whereas everyone on the roads and highways needs to drive
			 more safely to reduce deaths and injuries resulting from motor vehicle
			 accidents;
		Whereas the death of almost 43,000 people a year in more
			 than 6 million highway crashes in the United States has been called an epidemic
			 by Transportation Secretary Norman Mineta;
		Whereas according to the National Highway Transportation
			 Safety Administration, wearing a seat belt saved 15,434 lives in 2004 and
			 15,632 lives in 2005; and
		Whereas the Sunday after Thanksgiving is the busiest
			 highway traffic day of the year: Now, therefore, be it

		That the Senate—
			(1)encourages—
				(A)high schools,
			 colleges, universities, administrators, teachers, primary schools, and
			 secondary schools to launch campus-wide educational campaigns to urge students
			 to be careful about safety when driving;
				(B)national trucking
			 firms to alert their drivers to be especially focused on driving safely during
			 the heaviest traffic day of the year, and to publicize the importance of the
			 day using Citizen's band (CB) radios and in truck stops across the
			 Nation;
				(C)clergy to remind
			 their members to travel safely when attending services and gatherings;
				(D)law enforcement
			 personnel to remind drivers and passengers to drive particularly safely on the
			 Sunday after Thanksgiving; and
				(E)everyone to use
			 the Sunday after Thanksgiving as an opportunity to educate themselves about
			 highway safety; and
				(2)designates
			 November 26, 2006, as Drive Safer Sunday.


113 HR 2419 IH: Small Business Credit Card Act of 2013
U.S. House of Representatives
2013-06-18
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.

		I
		113th CONGRESS
		1st Session
		H. R. 2419
		IN THE HOUSE OF REPRESENTATIVES

			June 18, 2013
			Mrs. Lowey introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To amend the Truth in Lending Act to provide coverage
		  under such Act for credit cards issued to small businesses, and for other
		  purposes.

		1.Short title;
			 Findings
			(a)Short
			 titleThis Act may be cited
			 as the Small Business Credit Card Act
			 of 2013.
			(b)FindingsThe
			 Congress finds as follows:
				(1)Economic growth has frequently been led by
			 the creation of millions of new, small businesses.
				(2)Today, small
			 business owners are severely limited in their ability to finance new business
			 ventures because access to capital through traditional resources has been
			 restricted.
				(3)Small businesses
			 are being pushed into using credit cards to meet capital needs.
				(4)This use of credit
			 cards is especially true for innovative and rapidly growing businesses which
			 lack the assets necessary for a traditional loan.
				(5)In 2012, 31
			 percent of the small businesses surveyed used credit cards to meet their
			 capital needs.
				(6)In 1993, only 16
			 percent of small businesses used credit cards as a source of financing.
				(7)One-half of small
			 businesses using a credit card carry a monthly balance, and one-quarter of
			 small businesses carry a monthly balance in excess of $10,000.
				(8)The average
			 interest rate charged on small business credit cards is 15.6 percent.
				(9)Nearly one-half of
			 small businesses with credit cards have reported a worsening of terms,
			 including increased interest rates, fees, and payment procedures, making it
			 more difficult to expand operations or grow business.
				(10)Small business
			 credit cards contracts do not include consumer protections provided to
			 individuals under the CARD Act.
				2.Extending credit
			 card protections under the Truth in Lending Act to small businesses
			(a)Definition of
			 consumerSection 103(i) of
			 the Truth in Lending Act (15 U.S.C. 1602(i)) is amended—
				(1)by striking
			 The adjective consumer, used with reference to a credit
			 transaction, characterizes the transaction as one in which the party to whom
			 credit is offered or extended is and
			 inserting

						Consumer.—(1)In
				generalExcept as provided in
				paragraph (2), the term consumer, when used as an adjective to
				describe or modify a credit transaction or credit plan, means a transaction or
				credit plan under which credit is offered or extended
				to
						; and
				(2)by adding at the
			 end the following new paragraph:

						(2)Small business
				included under certain circumstances
							(A)In
				generalFor purposes of any provision of this title relating to a
				credit card account under an open end credit plan, the term ‘consumer’ includes
				any qualified small business.
							(B)Qualified small
				businessFor purposes of subparagraph (A), the term
				qualified small business means, with respect to any credit card
				account under an open end credit plan, any business concern having 50 or fewer
				employees, whether or not—
								(i)the credit card
				account is in the name of an individual or a business entity; and
								(ii)any credit
				transaction involving such account is for business or personal purposes.
								(C)Exclusion of
				small business after opt out effective dateThe
				term qualified small business shall not include any business
				concern described in subparagraph (A) after the effective date of any election
				under section 135(b) by the individual or business for which the credit card
				account referred to in such subparagraph has been established, so long as such
				election remains in
				effect.
							.
				(b)Amendments to
			 exemptionsSection 104(1) of the Truth in Lending Act (15 U.S.C.
			 1603(1)) is amended—
				(1)by inserting
			 other than a credit transaction under an open end consumer credit plan
			 in which the consumer is a qualified small business after
			 agricultural purposes; and
				(2)by inserting
			 other than qualified small businesses after
			 organizations.
				(c)Business credit
			 card amendmentsSection 135 of the Truth in Lending Act (15
			 U.S.C. 1645) is amended—
				(1)by striking
			 The exemption provided by and inserting (a)
			 In general.—The
			 exemption provided by; and
				(2)by adding at the
			 end the following new subsection:

						(b)Qualified small
				business opt out from coverage
							(1)Notice of
				coverageThe disclosures
				under section 127(a) before opening a credit card account under an open end
				credit plan for a qualified small business shall include a clear and
				conspicuous disclosure—
								(A)that the qualified small business is
				treated as a consumer under this title and is subject to the requirements of
				this title as a consumer;
								(B)that the business may elect, in accordance
				with this subsection, to be exempt, under section 104(1), from this title to
				the same extent as any business other than a qualified small business;
				and
								(C)of the procedures
				for making the election and for subsequently revoking any such election.
								(2)ElectionThe
				Board shall prescribe procedures for making an effective election under this
				subsection and for revoking any such election.
							(3)Prohibition on
				discrimination against qualified small businessNo creditor may—
								(A)discriminate
				against any business concern having 50 or fewer employees in connection with
				any credit card account of, or any application for a credit card account by
				such business, under an open end credit plan on any basis; or
								(B)require any
				qualified small business to make an election under this subsection as a
				condition for opening a credit card account, or for providing more advantageous
				terms for any credit card account, under an open end credit
				plan.
								.