116 S3785 IS: Farming Support to States Act of 2020
U.S. Senate
2020-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3785IN THE SENATE OF THE UNITED STATESMay 20, 2020Ms. Baldwin (for herself, Ms. Collins, and Mr. King) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and ForestryA BILLTo authorize the Secretary of Agriculture to provide food and agriculture emergency aid to States, and for other purposes. 1.Short titleThis Act may be cited as the Farming Support to States Act of 2020.2.Food and agriculture emergency aid to States(a)DefinitionsIn this section:(1)Eligible entity(A)In generalThe term eligible entity means—(i)a Governor or chief executive officer of a State, on behalf of the State;(ii)a State department of agriculture or other State entity;(iii)a nonprofit entity with the capacity to provide consultation, expertise, and financial, procurement, or grant distribution capacity necessary to meet the stated mission of the entity with respect to aid provided under the Program;(iv)an institution of higher education;(v)a land-grant college or university or local office of the Cooperative Extension System;(vi)an Indian Tribe or an organization representing Indian Tribes; and(vii)an entity described in clauses (i) through (vi), in partnership with one or more partners described in subparagraph (B).(B)PartnersAn entity described in clauses (i) through (vi) of subparagraph (A) may establish a partnership with one or more partners prior to the submission of a request under subsection (d)(2), or, in consultation with the Secretary, add one or more partners to a partnership after that submission, which may include—(i)an association, including a producer association, trade association, or entity representing a group of farmers or agriculture and food businesses that represents the interests of stakeholders who contribute to the rural economy, agricultural and food sectors, and the further processing, distribution, and retailing of food;(ii)an entity that distributes food to address food insecurity or administers feeding programs, food delivery, or other activities to improve food access and food security;(iii)a generic program to promote and provide research and information for farmers and consumers on agricultural products (commonly known as a checkoff program);(iv)a private entity, including an agricultural cooperative, corporation, business, or sole proprietor;(v)an economic development entity;(vi)a foundation;(vii)a unit of government within a State;(viii)any other public-serving entity; and(ix)any other entity described in clauses (i) through (vi) of subparagraph (A).(2)ProgramThe term Program means the Food and Agriculture Emergency Response and Resiliency Program established under subsection (b).(3)SecretaryThe term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service.(4)StateThe term State means—(A)each of the several States of the United States;(B)the District of Columbia;(C)the Commonwealth of Puerto Rico;(D)Guam;(E)American Samoa;(F)the Commonwealth of the Northern Mariana Islands;(G)the Federated States of Micronesia;(H)the Republic of the Marshall Islands;(I)the Republic of Palau; and(J)the United States Virgin Islands.(b)EstablishmentThe Secretary shall establish a program, to be known as the Food and Agriculture Emergency Response and Resiliency Program, under which the Secretary shall make available to eligible entities aid to carry out activities to respond to urgent and emerging issues in the agriculture economy and food supply chain impacted by the Coronavirus Disease 2019 (referred to in this section as COVID–19) and related food system threats.(c)Allocation(1)In generalThe Secretary shall allocate the total amount made available for aid under the Program in accordance with the following: (A)Twenty-five percent shall be allocated equally among the States.(B)Twenty-five percent shall be allocated equally among States for which the agriculture sector represented not less than ¼ of a percent, and less than 1 percent, of the gross domestic product of the State in fiscal year 2017. (C)Fifty percent shall be allocated equally among States for which the agriculture sector represented not less than 1 percent of the gross domestic product of the State in fiscal year 2017. (2)RecipientsFor purposes of paragraph (1), an allocation to an eligible entity (other than a State) that is located in a State shall count towards the allocation for that State.(d)Requests for aid(1)In generalTo provide aid to an eligible entity under the Program, the Secretary shall enter into a cooperative agreement or other legal instrument with the eligible entity.(2)RequestsAn eligible entity seeking to enter into an cooperative agreement or other legal instrument under paragraph (1) shall submit to the Secretary a request for aid under that Program that contains such information as the Secretary may require for the purpose of complying with this Act.(3)NotificationNot later than 10 days after the date on which the Secretary receives a request under paragraph (2), the Secretary shall provide to the eligible entity a written notification—(A)acknowledging the receipt of the request; and(B)describing—(i)the requirements to be imposed on the eligible entity under the Program for public reporting on the use of aid received under the Program; (ii)the criteria to be used to ensure that activities supported using aid under the Program are permissible under this Act;(iii)any additional information necessary for the Secretary to make a determination on the request;(iv)the expected dates for a determination on the request and the distribution of aid to the eligible entity; and(v)a point of contact in the Agricultural Marketing Service.(4)PrioritiesSubject to subsection (c), in entering into cooperative agreements and other legal instruments under paragraph (1), the Secretary shall give priority to requests—(A)submitted by—(i)the Governor of a State;(ii)a State department of agriculture; or(iii)an eligible entity that submits a request for aid that has the demonstrated support of other eligible entities; or(B)under which aid would be used for activities—(i)that contribute to the resiliency, diversity, and distributed production of agricultural products across local, regional, and national-scale food systems; (ii)that serve businesses and other food system entities that have a limited capacity to fund, develop, or deploy COVID–19 response actions;(iii)that serve businesses and other food system entities of which the financial and business solvency is at risk; (iv)that stabilize rural, farming, and food-related sectors with actions that build—(I)resiliency and long-term viability of rural economies; and(II)the competitiveness of entrepreneurs and small- and medium-sized entities;(v)that serve agricultural producers and processors that—(I)have faced economic instability related to, or exacerbated by, COVID–19;(II)are underserved by available aid from the Department of Agriculture for commodity assistance programs; or(III)are producers or processors of noncommodity products, forest products, or specialty crops; or(vi)that—(I)restore and strengthen the resiliency of entities that are a core part of local and regional economies and identity; and(II)strengthen and enhance the quality of rural life. (e)Distribution(1)Initial distribution(A)In generalThe Secretary shall provide 1 initial distribution of aid under the Program of $2,000,000 to 1 eligible entity in each State that submits to the Secretary a request under subsection (d)(2) not later than 30 days after the date of enactment of this Act.(B)RequestsA request submitted by an eligible entity for an initial distribution under subparagraph (A) shall—(i)include a brief summary of the capacity of the eligible entity to administer the aid and the general expenditures planned for the aid; and(ii)be considered to be a complete request on receipt by the Secretary of the request in writing, including the brief summary described in clause (i).(C)AvailabilityNot later than 14 days after the date on which the Secretary receives a complete request described in subparagraph (B)(ii) that the Secretary approves, the Secretary shall make the aid available to the eligible entity.(D)UsesAn initial distribution of aid under subparagraph (A) shall be used to address urgent matters, as determined by the eligible entity, such as—(i)supply chain issues;(ii)responding to farmer stress;(iii)assisting with livestock depopulation and indemnification;(iv)securing needed food for food assistance programs; and(v)other eligible uses under the Program.(E)PublicationNot later than 3 days after the date on which aid is provided to an eligible entity under an initial distribution under subparagraph (A), the Secretary shall make publicly available any correspondence submitted by the eligible entity as part of the request for the aid.(F)ReportsNot later than 90 days after the date on which an eligible entity receives aid under an initial distribution under subparagraph (A), the eligible entity shall submit a report described in subsection (f)(8).(2)Other requests made during initial distribution periodDuring the period that initial distributions of aid are requested and distributed under paragraph (1), an eligible entity may submit a request for aid under subsection (d)(2) (including a request for more than $2,000,000), which shall be subject to the requirements of this section (other than paragraph (1)).(3)Subsequent distributionsAid available under the Program that is not distributed under paragraph (1) or (2) shall be available to eligible entities that submit requests under subsection (d)(2) during subsequent periods determined by the Secretary, which shall occur not less frequently than once every 45 days until the date on which aid available under the Program is fully expended.(f)Requirements relating to eligible entities(1)Non-Federal contributionsThe Secretary shall not require an eligible entity to contribute non-Federal funds to carry out a cooperative agreement or other legal instrument under the Program.(2)Use consistent with terms of cooperative agreementAn eligible entity shall use aid received under the Program for the purposes and in the manner provided in the cooperative agreement or other legal instrument under which the aid is provided.(3)Requirement(A)In generalIn the case of assistance or amounts provided using aid under the Program by an eligible entity to a specific person, the assistance or amounts shall not be made available to a foreign person making direct investment (as those terms are defined in section 801.2 of title 15, Code of Federal Regulations (or successor regulations)) in the United States.(B)ExceptionSubparagraph (A) shall not apply to public, widely available assistance, such as best practice guidelines or other nonproprietary, nonexclusive aid. (4)SubagreementsNothing in this section prevents an eligible entity from using aid received under the Program to enter into a subagreement with—(A)another eligible entity; or (B)a political subdivision of a State that has legal responsibilities relating to preserving the integrity and function of the food supply, including activities relating to agricultural production, marketing, and distribution of food.(5)No State legislative approval requiredThe Governor or chief executive officer of a State, or other State entity, shall be permitted to allocate a distribution of aid under the Program without the approval or review of the allocation or distribution of aid by the legislature of the State. (6)AvailabilityAid received by an eligible entity under the Program shall remain available until expended by the eligible entity.(7)AdministrationAn eligible entity receiving aid under the Program may use not more than 8 percent of the aid for a fiscal year for administrative expenses. (8)Reporting requirement(A)In generalNot later than 90 days after the date of completion of an activity conducted using aid provided under the Program, the eligible entity using the aid shall submit to the Secretary a report that describes the purposes and results of the activity. (B)PublicationNot later than 14 days after each report is received by the Secretary under subparagraph (A), the report shall be made publicly available. (g)Use of fundsAn eligible entity shall use aid received under the Program for emergency response capacity and activities to respond to specific needs relating to COVID–19 and related food system threats in the following categories:(1)Retail food availability, consumer food access, food supply chain stability, and preserving food safety(A)Forecasting and managing food and farm supply chain disruptions to ensure a stable food supply.(B)Minimizing food retail disruptions for consumers.(C)Preventing or minimizing food waste by taking steps to further process, distribute, or otherwise make available food for donation or provision to individuals in need.(D)Compensating farmers for donated food through mechanisms designed to minimize market distortions.(E)Procurement and provision of food products to individuals in need, including by addressing distribution and access challenges for communities and individuals.(F)Ensuring continuity in food safety protections.(G)Responding to labor issues from COVID–19 and related food system threats to minimize supply chain disruption and maximize proactive prevention and response activities relating to COVID–19 and related food system threats to protect worker health and safety.(2)Health and response needs related to the stability of the food system and rural economies(A)Incentivizing and facilitating the use of prevention, response, testing, and treatment by farm workers and food processing workers relating to COVID–19 and related food system threats.(B)Supporting the essential work of veterinarians and other food safety and animal health workers, first responders, and other rural professionals with occupational disease exposure risks.(C)Supporting farmers and workers who face elevated risks of contracting COVID–19 due to their essential work to keep the food system operational and reliable.(D)Reducing the risk of zoonotic transfer of COVID–19 to livestock and wildlife and related disease risks, including disease risks relating to culling and carcass disposal.(3)Preparing for and responding to near-term impacts of COVID–19(A)Developing food safety, worker protection, and sanitation protocols for food processing plants and other entities requiring assistance to minimize the technical, logistical, and financial costs of bringing plants online and reestablishing continuity of operations.(B)Providing technical, financial, and contracting assistance and direct support to entities to implement the protocols described in subparagraph (A), including, at the discretion of the eligible entity—(i)by providing amounts to carry out those protocols at no cost to the entities; and(ii)for the cost of goods or services necessary to achieve the purposes described in that subparagraph.(C)Implementing responses that address disruptions relating to, or exacerbated by, COVID–19 that—(i)restore resiliency to the food system;(ii)improve preparedness for future disruptions; and (iii)reduce the impacts to the food supply chain and rural economy from supply chain disruptions.(4)Stabilizing farms and the agriculture economy(A)Stabilizing farm financials—(i)to prevent the rapid liquidation of livestock herds or closure of farms; and(ii)to address changes to planting decisions for the current and upcoming growing seasons that reflect current market distortions rather than longer-term predicted demand.(B)Providing tools to address the behavioral and mental health of individuals who are engaged in farming, ranching, and other occupations relating to agriculture (within the meaning of section 7522(e)(1) of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 5936(e)(1))).(C)Facilitating and incentivizing participation in personalized and workshop-based farm business plan counseling that promotes farm and agribusiness decisions that increase the economic resiliency, near-term financial stability, and ongoing operation of farms and rural businesses.(D)Facilitating and incentivizing participation in personalized and workshop-based farm transition plan counseling that promotes—(i)ongoing agricultural uses of the farmland in transition; and (ii)the long-term utilization and improvement of farm assets, including working forests, orchards, perennial and multiyear crops, established conservation practices, flood reduction, and watershed restoration.(E)Assisting with the costs of activities that increase the economic diversification, resiliency, ecosystem services, and watershed restoration for farms on which the primary labor is provided by the farm owner, renter, or an individual who is working to transition into the role as primary laborer, manager, and owner of the farm, such as through an apprenticeship.(F)Providing retirement security options for farmers who commit to helping a new operator transition onto their farm, specifically for farms on which—(i)the primary labor is provided by the farm owner, renter, or an individual who is working to transition into the role as primary laborer, manager, and owner of the farm, such as through an apprenticeship; and (ii)the farmland ownership transition is economically feasible for a beginning farmer.(G)Addressing urgent or essential needs of rural communities that support the long-term resiliency of the local economy and local quality of life.(5)State collaborationCollaborating and coordinating with other States or eligible entities in other States—(A)to address risks relating to COVID–19 to public health, the health of workers in the food supply chain, and the health of livestock;(B)to address regional and national supply chain issues;(C)to minimize food supply chain disruptions to consumers via retailers, food banks, and other distribution methods; (D)to stabilize agricultural markets;(E)to improve market transparency; and(F)for any of the purposes described in paragraphs (1) through (4). (h)Duties of the Secretary(1)Expedited provision(A)In generalThe Secretary shall carry out the Program in such manner as to distribute aid to eligible entities under the Program as expeditiously as practicable.(B)Procedure(i)In generalNotwithstanding any other provision of law, regulation, or guidance relating to the implementation of a grant program, the Secretary shall implement the Program by publishing a notice in the Federal Register.(ii)Paperwork reductionThe administration of the Program shall be made without regard to chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act).(2)Guidance; reporting requirementsNot later than 14 days after the date of enactment of this Act, the Secretary shall issue guidance to eligible entities on carrying out the Program, including—(A)clear guidance on use of aid received by eligible entities under the Program;(B)direction on accounting and information eligible entities should track for reporting described in subparagraph (C); and(C)preliminary guidance on reporting requirements, which shall be finalized and made publicly available not later than 45 days after the date of enactment of this Act.(3)Coordination of assistanceThe Secretary, in coordination with the Administrator of the Economic Research Service and the Director of the National Institute of Food and Agriculture, and in collaboration with other entities that the Secretary determines to be relevant to the purposes of the Program, shall provide technical assistance (and, in the case of subparagraph (D), financial assistance) to and coordination among eligible entities and other recipients of aid under the Program, including—(A)the provision of regular, and not less frequently than semi-monthly, public updates with information and technical assistance relevant to evolving needs in the food supply chain and rural economy, including—(i)economic data that are useful to stakeholders, including tracking and analyses of supply chain and agricultural market trends and abnormalities; (ii)information on how aid under the Program is being used by eligible entities and other recipients of the aid for the purpose of sharing best practices and effective models for the use of the aid to address issues in the food supply chain and rural economy; and(iii)the most current and best available information relating to COVID–19, presented in a manner relevant and applicable to farm and food businesses and developed in response to the requests of those businesses, as appropriate;(B)the ongoing collection of information on farm-related indicators of economic resiliency and stressors, including—(i)analyses of trends in food product demand, food supply chain resiliency, and processing continuity of operations;(ii)analyses of strength, robustness, and impacts of efforts to modify standard operating procedures among entities in the farm and food supply chains to minimize supply chain disruptions and business closures during and related to COVID–19 response; and(iii)data collection and analyses of the economic impacts of COVID–19 on farmers and farmer-serving businesses;(C)the development of technical assistance to address the impacts of COVID–19, including through actions informed by the data and analyses developed under subparagraphs (A) and (B), by responding to requests for assistance, and proactively addressing emerging trends, for the purpose of minimizing the impact of farm and food supply chain disruptions on—(i)consumer supplies of food; and (ii)the solvency of farm businesses, farm-related businesses, and rural businesses critical to rural communities;(D)the provision of technical assistance and financial assistance to implement the best practices and effective models described in subparagraph (A)(ii); and (E)carrying out other activities, as identified by the Secretary, in consultation with stakeholders, as priorities for—(i)reducing the impact of COVID–19; (ii)protecting the safety of agricultural workers or producers; and(iii)strengthening the economic stability, viability, and resiliency of farm and food businesses.(4)Coordination of Federal agenciesThe Secretary of Agriculture shall—(A)monitor urgent and emerging issues in the agriculture economy and food supply chain relating to COVID–19; and(B)coordinate with other Federal agencies the activities of which may be affected by or may affect the issues described in subparagraph (A) for the purpose of expeditiously addressing those issues.(i)Funding(1)In generalThere is appropriated to the Secretary of Agriculture, out of amounts in the Treasury not otherwise appropriated, $1,000,000,000 to carry out the Program, to remain available until expended.(2)AdministrationThe Secretary of Agriculture may use not more than 3 percent of the amounts made available to carry out the Program for a fiscal year for administrative expenses, which shall be prioritized for carrying out paragraphs (3) and (4) of subsection (h).


		II
		111th CONGRESS
		1st Session
		S. 1959
		IN THE SENATE OF THE UNITED
		  STATES

			October 28, 2009
			Mr. Kaufman (for
			 himself, Mr. Leahy,
			 Mr. Specter, Mr. Kohl, Mr.
			 Schumer, and Ms. Klobuchar)
			 introduced the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To improve health care fraud
		  enforcement.

		1.Short titleThis Act may be cited as the
			 Health Care Fraud Enforcement Act of
			 2009.
		2.Enhancements to criminal laws relating to
			 health care fraud
			(a)Fraud sentencing guidelines
				(1)DefinitionIn this subsection, the term Federal
			 health care offense has the meaning given that term in section 24 of
			 title 18, United States Code, as amended by this Act.
				(2)Review and amendmentsPursuant to the authority under section 994
			 of title 28, United States Code, and in accordance with this subsection, the
			 United States Sentencing Commission shall—
					(A)review the Federal Sentencing Guidelines
			 and policy statements applicable to persons convicted of Federal health care
			 offenses;
					(B)amend the Federal Sentencing Guidelines and
			 policy statements applicable to persons convicted of Federal health care
			 offenses involving Government health care programs to provide that the
			 aggregate dollar amount of fraudulent bills submitted to the Government health
			 care program shall constitute prima facie evidence of the amount of the
			 intended loss by the defendant; and
					(C)amend the Federal Sentencing Guidelines to
			 provide—
						(i)a 2-level increase in the offense level for
			 any defendant convicted of a Federal health care offense relating to a
			 Government health care program which involves a loss of not less than
			 $1,000,000 and less than $7,000,000;
						(ii)a 3-level increase in the offense level for
			 any defendant convicted of a Federal health care offense relating to a
			 Government health care program which involves a loss of not less than
			 $7,000,000 and less than $20,000,000;
						(iii)a 4-level increase in the offense level for
			 any defendant convicted of a Federal health care offense relating to a
			 Government health care program which involves a loss of not less than
			 $20,000,000; and
						(iv)if appropriate, otherwise amend the Federal
			 Sentencing Guidelines and policy statements applicable to persons convicted of
			 Federal health care offenses involving Government health care programs.
						(3)RequirementsIn carrying this subsection, the United
			 States Sentencing Commission shall—
					(A)ensure that the Federal Sentencing
			 Guidelines and policy statements—
						(i)reflect the serious harms associated with
			 health care fraud and the need for aggressive and appropriate law enforcement
			 action to prevent such fraud; and
						(ii)provide increased penalties for persons
			 convicted of health care fraud offenses in appropriate circumstances;
						(B)consult with individuals or groups
			 representing health care fraud victims, law enforcement officials, the health
			 care industry, and the Federal judiciary as part of the review described in
			 paragraph (2);
					(C)ensure reasonable consistency with other
			 relevant directives and with other guidelines under the Federal Sentencing
			 Guidelines;
					(D)account for any aggravating or mitigating
			 circumstances that might justify exceptions, including circumstances for which
			 the Federal Sentencing Guidelines, as in effect on the date of enactment of
			 this Act, provide sentencing enhancements;
					(E)make any necessary conforming changes to
			 the Federal Sentencing Guidelines; and
					(F)ensure that the Federal Sentencing
			 Guidelines adequately meet the purposes of sentencing.
					(b)Intent requirement for health care
			 fraudSection 1347 of title
			 18, United States Code, is amended—
				(1)by inserting (a) before
			 Whoever knowingly; and
				(2)by adding at the end the following:

						(b)With respect to violations of this section,
				a person need not have actual knowledge of this section or specific intent to
				commit a violation of this
				section.
						.
				(c)KickbacksSection 1128B of the Social Security Act
			 (42 U.S.C. 1320a–7b) is amended by adding at the end the following new
			 subsection:

					(g)In addition to the penalties provided for
				in this section or section 1128A, a claim for items or services that are
				provided in violation of this section constitutes a false or fraudulent claim
				for purposes of subchapter III of chapter 37 of title 31, United States
				Code.
					.
			(d)Health care fraud offenseSection 24(a) of title 18, United States
			 Code, is amended—
				(1)in paragraph (1), by striking the semicolon
			 and inserting or section 1128B of the Social Security Act (42 U.S.C.
			 1320a–7b); or; and
				(2)in paragraph (2)—
					(A)by inserting 1349, after
			 1343,; and
					(B)by inserting section 301 of the
			 Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331), or section 411, 501, or
			 511 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1111,
			 1131, and 1141), after title,.
					3.Subpoena authority relating to health
			 care
			(a)Subpoenas under the Health Insurance
			 Portability and Accountability Act of 1996Section 1510(b) of title 18, United States
			 Code, is amended—
				(1)in paragraph (1), by striking to the
			 grand jury; and
				(2)in paragraph (2)—
					(A)in subparagraph (A), by striking
			 grand jury subpoena and inserting subpoena for
			 records; and
					(B)in the matter following subparagraph (B),
			 by striking to the grand jury.
					(b)Subpoenas under the Civil Rights of
			 Institutionalized Persons ActThe Civil Rights of Institutionalized
			 Persons Act (42 U.S.C. 1997 et seq.) is amended by inserting after section 3
			 the following:

					3A.Subpoena authority
						(a)AuthorityThe Attorney General, or at the direction
				of the Attorney General, any officer or employee of the Department of Justice
				may require by subpoena access to any institution that is the subject of an
				investigation under this Act and to any document, record, material, file,
				report, memorandum, policy, procedure, investigation, video or audio recording,
				or quality assurance report relating to any institution that is the subject of
				an investigation under this Act to determine whether there are conditions which
				deprive persons residing in or confined to the institution of any rights,
				privileges, or immunities secured or protected by the Constitution or laws of
				the United States.
						(b)Issuance and Enforcement of
				Subpoenas
							(1)IssuanceSubpoenas issued under this section—
								(A)shall bear the signature of the Attorney
				General or any officer or employee of the Department of Justice as designated
				by the Attorney General; and
								(B)shall be served by any person or class of
				persons designated by the Attorney General or a designated officer or employee
				for that purpose.
								(2)EnforcementIn the case of contumacy or failure to obey
				a subpoena issued under this section, the United States district court for the
				judicial district in which the institution is located may issue an order
				requiring compliance. Any failure to obey the order of the court may be
				punished by the court as a contempt that court.
							(c)Protection of subpoenaed records and
				informationAny document,
				record, material, file, report, memorandum, policy, procedure, investigation,
				video or audio recording, or quality assurance report or other information
				obtained under a subpoena issued under this section—
							(1)may not be used for any purpose other than
				to protect the rights, privileges, or immunities secured or protected by the
				Constitution or laws of the United States of persons who reside, have resided,
				or will reside in an institution;
							(2)may not be transmitted by or within the
				Department of Justice for any purpose other than to protect the rights,
				privileges, or immunities secured or protected by the Constitution or laws of
				the United States of persons who reside, have resided, or will reside in an
				institution; and
							(3)shall be redacted, obscured, or otherwise
				altered if used in any publicly available manner so as to prevent the
				disclosure of any personally identifiable
				information.
							.
			4.Additional authorization of appropriations
			 to the Department of Justice for criminal and civil enforcement of health care
			 fraud
			(a)AuthorizationThere is authorized to be appropriated to
			 the Attorney General, to remain available until expended, $20,000,000 for each
			 of fiscal years 2011 through 2016 for the purposes of investigations,
			 prosecutions, and civil or other proceedings relating to fraud and abuse in
			 connection with any health care benefit program, as defined in section 24(b) of
			 title 18, United States Code.
			(b)AllocationsWith respect to each of fiscal years 2011
			 through 2016, the amount authorized to be appropriated under subsection (a)
			 shall be allocated as follows:
				(1)For the offices of the United States
			 attorneys, $10,000,000.
				(2)For the Criminal Division of the Department
			 of Justice, $5,000,000.
				(3)For the Civil Division of the Department of
			 Justice, $5,000,000.


113 HR 2340 IH: State Ethics Law Protection Act of 2013
U.S. House of Representatives
2013-06-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS
1st Session
H. R. 2340
IN THE HOUSE OF REPRESENTATIVES

June 12, 2013
Mr. Quigley (for himself, Mr. Foster, and Ms. Duckworth) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend title 23, United States Code, to protect States that have in effect laws or orders with respect to pay to play reform, and for other purposes.

1.Short titleThis Act may be cited as the State Ethics Law Protection Act of 2013.
2.Pay to play reformSection 112 of title 23, United States Code, is amended by adding at the end the following:

(h)Pay To play reformA State transportation department shall not be considered to have violated a requirement of this section solely because the State in which that State transportation department is located, or a local government within that State, has in effect a law or an order that limits the amount of money an individual or entity that is doing business with a State or local agency with respect to a Federal-aid highway project may contribute to a political party, campaign, candidate, or elected official..


110 HR 4190 IH: To amend title 5, United States Code, to exclude Members

U.S. House of Representatives
2007-11-15
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
		110th CONGRESS
		1st Session
		H. R. 4190
		IN THE HOUSE OF REPRESENTATIVES

			November 15, 2007
			Mr. Burgess
			 introduced the following bill; which was referred to the
			 Committee on House
			 Administration, and in addition to the Committee on
			 Oversight and Government
			 Reform, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend title 5, United States Code, to exclude Members
		  of Congress from the Federal employees health benefits program, and for other
		  purposes.

		1.ExclusionSection 8901(a)(1) of title 5, United States
			 Code, is amended by striking subparagraph (B) and by redesignating
			 subparagraphs (C) through (I) as subparagraphs (B) through (H),
			 respectively.
		2.Vouchers
			(a)DefinitionsFor purposes of this section—
				(1)the term
			 Member of Congress has the meaning given such term by section 2106
			 of title 5, United States Code;
				(2)the term
			 family member means a member of family, as defined by section
			 8901(5) of title 5, United States Code; and
				(3)the term
			 family coverage means coverage other than individual coverage.
				(b)AuthorityExpenses
			 for the cost of health benefits for Members of Congress and family members may
			 be paid or reimbursed, from the appropriation, fund, or account out of which
			 contributions for Members would otherwise have been payable under section 8906
			 of title 5, United States Code, on vouchers approved and signed by the Clerk of
			 the House of Representatives or the Secretary of the Senate, as the case may
			 be.
			(c)LimitsThe
			 total amount which may be paid or reimbursed under this section for any year
			 may not exceed—
				(1)$1,500 for
			 individual coverage; or
				(2)$3,000 for family
			 coverage.
				(d)Eligible family
			 membersNothing in this section shall be considered to allow
			 payment or reimbursement for coverage of any family member who (under the
			 provisions of chapter 89 of title 5, United States Code, as last in effect
			 before the effective date of this Act) would not otherwise have been eligible
			 to be covered under such chapter.
			3.Effective
			 dateThis Act shall take
			 effect on January 1, 2009.


		I
		112th CONGRESS
		2d Session
		H. R. 5567
		IN THE HOUSE OF REPRESENTATIVES

			May 8, 2012
			Mrs. Christensen
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To designate the facility of the United States Postal
		  Service located at 4605 Tutu Park Mall in St. Thomas, United States Virgin
		  Islands, as the Kenneth Leslie Harmon Post
		  Office.

		1.Kenneth Leslie Harmon Post
			 Office
			(a)DesignationThe facility of the United States Postal
			 Service located at 4605 Tutu Park Mall in St. Thomas, United States Virgin
			 Islands, shall be known and designated as the Kenneth Leslie Harmon Post
			 Office.
			(b)ReferencesAny
			 reference in a law, map, regulation, document, paper, or other record of the
			 United States to the facility referred to in subsection (a) shall be deemed to
			 be a reference to the Kenneth Leslie Harmon Post Office.


		II
		111th CONGRESS
		1st Session
		S. 2854
		IN THE SENATE OF THE UNITED STATES

			December 9, 2009
			Mr. Kohl (for himself
			 and Mr. Hatch) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to extend and
		  modify the credit for new qualified hybrid motor vehicles, and for other
		  purposes.

		1.Extension and modification of
			 new qualified hybrid motor vehicle credit
			(a)ExtensionParagraph
			 (3) of section 30B(k) of the Internal Revenue Code of 1986 is amended by
			 striking December 31, 2009 and inserting December 31,
			 2014.
			(b)Qualified
			 incremental hybrid costClause (iii) of section 30B(d)(2)(B) of
			 the Internal Revenue Code of 1986 is amended by striking does not
			 exceed— and all that follows and inserting the following: “does not
			 exceed—

					(I)$15,000, if such
				vehicle has a gross vehicle weight rating of not more than 14,000
				pounds;
					(II)$30,000, if such
				vehicle has a gross vehicle weight rating of more than 14,000 pounds but not
				more than 26,000 pounds;
					(III)$60,000, if
				such vehicle has a gross vehicle weight rating of more than 26,000 pounds but
				not more than 33,000 pounds; and
					(IV)$100,000, if
				such vehicle has a gross vehicle weight rating more than 33,000
				pounds.
					.
			(c)Applicable
			 percentage for heavy trucks achieving 20 percent increase in city fuel
			 economyClause (ii) of section 30B(d)(2)(B) of the Internal
			 Revenue Code of 1986 is amended by redesignating subclauses (I), (II), and
			 (III) as subclauses (II), (III), and (IV), respectively, and by inserting
			 before subclause (II) (as so redesignated) the following new subclause:

					(I)10 percent in the
				case of a vehicle to which clause (iii)(IV) applies if such vehicle achieves an
				increase in city fuel economy relative to a comparable vehicle of at least 20
				percent but less than 30
				percent.
					.
			(d)Dollar
			 limitationSubparagraph (B) of section 30B(d)(2) of the Internal
			 Revenue Code of 1986 is amended by adding at the end the following new
			 clause:

					(vi)LimitationThe
				amount allowed as a credit under subsection (a)(3) with respect to a vehicle by
				reason of clause (i) of this subparagraph shall not exceed
				$24,000.
					.
			(e)Heavy electric
			 vehiclesParagraph (3) of section 30B(d) of the Internal Revenue
			 Code of 1986 is amended by redesignating subparagraphs (B), (C), and (D) as
			 subparagraphs (C), (D), and (E), respectively, and by inserting after
			 subparagraph (A) the following new subparagraphs:

					(B)Heavy electric
				vehiclesIn the case of a vehicle with a gross vehicle weight
				rating of not less than 8,500 pounds, the term new qualified hybrid motor
				vehicle includes a motor vehicle—
						(i)which draws
				propulsion energy exclusively from a rechargeable energy storage system;
				and
						(ii)which meets the
				requirements of clauses (iii), (v), (vi), and (vii) of subparagraph
				(A).
						.
			(f)Credits may be
			 transferredSubsection (d) of section 30B of the Internal Revenue
			 Code of 1986 is amended by adding at the end the following new
			 paragraph:

					(4)Transferability
				of credit
						(A)In
				generalA taxpayer who places in service any vehicle may transfer
				the credit allowed under this subsection with respect to such vehicle through
				an assignment to the seller of such vehicle. Such transfer may be revoked only
				with the consent of the Secretary.
						(B)RegulationsThe
				Secretary shall prescribe such regulations as necessary to ensure that any
				credit transferred under subparagraph (A) is claimed once and not reassigned by
				such other
				person.
						.
			(g)Effective
			 dateThe amendments made by this section shall apply to vehicles
			 acquired after December 31, 2009.
			2.Extension of
			 alternative fuel vehicle refueling property credit
			(a)In
			 generalParagraph (2) of section 30C(g) of the Internal Revenue
			 Code of 1986 is amended by striking 2010 and inserting
			 2013.
			(b)Extension of
			 increased creditParagraph (6) of section 30C(e) of the Internal
			 Revenue Code of 1986 is amended—
				(1)by striking
			 2011 and inserting 2014; and
				(2)by striking
			 2009 and
			 2010 in the heading and inserting
			 2009 through
			 2013.
				(c)Definition of
			 alternative fuel vehicle refueling property in the case of
			 electricitySubparagraph (B) of section 179A(d)(3) of the
			 Internal Revenue Code of 1986 is amended to read as follows:

					(B)for the
				recharging of motor vehicles propelled by electricity, including electrical
				panel upgrades, wiring, conduit, trenching, pedestals, and related
				equipment.
					.
			(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.
			3.Tax credit for
			 electrification technologies to reduce truck idling
			(a)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to business-related credits) is amended
			 by adding at the end the following new section:

					45R.Idling
				reduction credit
						(a)General
				ruleFor purposes of section 38, the idling reduction tax credit
				determined under this section for the taxable year is an amount equal to 50
				percent of the amount paid or incurred for the purchase and installation of
				each qualifying idling reduction device or qualifying idle reduction
				infrastructure placed in service by the taxpayer during the taxable
				year.
						(b)LimitationThe
				maximum amount allowed as a credit under subsection (a) shall not exceed $3,500
				per device or per qualifying infrastructure.
						(c)DefinitionsFor
				purposes of subsection (a)—
							(1)Qualifying
				idling reduction deviceThe term qualifying idling
				reduction device means any device or system of devices which—
								(A)is installed on a
				heavy-duty diesel powered on-highway vehicle;
								(B)is designed to
				provide to such vehicle those services (such as heat, air conditioning, or
				electricity) that would otherwise require the operation of the main drive
				engine while the vehicle is temporarily parked or remains stationary using
				either—
									(i)an all electric
				unit, such as a battery powered unit or from grid-supplied electricity;
				or
									(ii)a dual fuel unit
				powered by diesel or other fuels, and capable of providing such services from
				grid-supplied electricity or on-truck batteries alone;
									(C)the original use
				of which commences with the taxpayer;
								(D)is acquired for
				use by the taxpayer; and
								(E)is certified by
				the Secretary of Energy, in consultation with the Administrator of the
				Environmental Protection Agency and the Secretary of Transportation, to reduce
				long-duration idling of such vehicle at a motor vehicle rest stop or other
				location where such vehicles are temporarily parked or remain
				stationary.
								(2)Heavy-duty
				diesel-powered on-highway vehicleThe term heavy-duty
				diesel-powered on-highway vehicle means any vehicle, machine, tractor,
				trailer, or semi-trailer propelled or drawn by mechanical power and used upon
				the highways in the transportation of passengers or property, or any
				combination thereof determined by the Federal Highway Administration.
							(3)Long duration
				idlingThe term long duration idling means the
				operation of a main drive engine, for a period greater than 15 consecutive
				minutes, where the main drive engine is not engaged in gear. Such term does not
				apply to routine stoppages associated with traffic movement or
				congestion.
							(4)Qualifying idle
				reduction infrastructureThe term qualifying idle reduction
				infrastructure means off-truck equipment—
								(A)which is to be
				used exclusively with respect to vehicles with a gross vehicle weight rating of
				14,000 pounds or greater; and
								(B)which
				either—
									(i)is used to supply
				electric power, including electric receptacles, boxes, wiring, conduit, and
				other connections to one truck space; or
									(ii)directly
				provides air conditioning, heating, electric power, and other connections and
				services to one truck space.
									(d)No double
				benefitFor purposes of this section—
							(1)Reduction in
				basisIf a credit is determined under this section with respect
				to any property by reason of expenditures described in subsection (a), the
				basis of such property shall be reduced by the amount of the credit so
				determined.
							(2)Other
				deductions and creditsNo deduction or credit shall be allowed
				under any other provision of this chapter with respect to the amount of the
				credit determined under this section.
							(e)Election not To
				claim creditThis section shall not apply to a taxpayer for any
				taxable year if such taxpayer elects to have this section not apply for such
				taxable year.
						(f)TerminationThis
				section shall not apply to any property placed in service after December 31,
				2013.
						.
			(b)Credit To be
			 part of general business creditSubsection (b) of section 38 of
			 the Internal Revenue Code of 1986 (relating to general business credit) is
			 amended by striking plus at the end of paragraph (34), by
			 striking the period at the end of paragraph (35) and inserting ,
			 plus, and by adding at the end the following new paragraph:

					(36)the idling
				reduction tax credit determined under section
				45R(a).
					.
			(c)Conforming
			 amendments
				(1)The table of
			 sections for subpart D of part IV of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by inserting after the item relating to section
			 45P the following new item:

							Sec. 45R. Idling reduction
				credit.

						.
				(2)Section 1016(a)
			 of such Code is amended by striking and at the end of paragraph
			 (36), by striking the period at the end of paragraph (37) and inserting
			 , and, and by adding at the end the following:

						(38)in the case of a
				facility with respect to which a credit was allowed under section 45R, to the
				extent provided in section
				45R(d)(1).
						.
				(3)Section 6501(m)
			 of such Code is amended by inserting 45R(e), after
			 45H(g),.
				(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2009.
			(e)Determination
			 of certification standards by Secretary of energy for certifying idling
			 reduction devicesNot later than 6 months after the date of the
			 enactment of this Act and in order to reduce air pollution and fuel
			 consumption, the Secretary of Energy, in consultation with the Administrator of
			 the Environmental Protection Agency and the Secretary of Transportation, shall
			 publish the standards under which the Secretary, in consultation with the
			 Administrator of the Environmental Protection Agency and the Secretary of
			 Transportation, will, for purposes of section 45R of the Internal Revenue Code
			 of 1986 (as added by this section), certify the idling reduction devices and
			 idling reduction infrastructure which will reduce long duration idling of
			 vehicles at motor vehicle rest stops or other locations where such vehicles are
			 temporarily parked or remain stationary in order to reduce air pollution and
			 fuel consumption.


IV
111th CONGRESS
2d Session
H. RES. 1163
In the House of Representatives, U. S.,

March 15, 2010

RESOLUTION
Recognizing Washington State University Honors College for 50 years of excellence.

Whereas Washington State University Honors College was established in 1960, 70 years after the founding of Washington State University;
Whereas Sidney Hacker, Professor of Mathematics, directed the establishment of the Honors program at Washington State University;
Whereas Washington State University, located in Pullman, Washington, is the State’s largest land-grant university and offers more than 200 areas of study;
Whereas the Washington State University Honors College offers an enriched 4-year curriculum to highly able students and provides such students with the opportunity to challenge themselves;
Whereas studies at the Washington State University Honors College promote the six learning goals of the Honors College, including critical and creative thinking, quantitative and symbolic reasoning, information literacy, communication, self in society, and disciplinary knowledge; and
Whereas Washington State University Honors College is one of the most respected programs of its kind nationally: Now, therefore, be it

That the House of Representatives recognizes Washington State University Honors College for 50 years of excellence.

Lorraine C. Miller,Clerk.