116 S1297 IS: Independent and Community Bank Shareholders Protection Act
U.S. Senate
2019-05-02
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. 1297IN THE SENATE OF THE UNITED STATESMay 2, 2019Mr. Moran (for himself and Mr. Roberts) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Federal Deposit Insurance Act to provide shareholders of certain depository
			 institutions a cause of action for assets seized by an appropriate Federal
 banking agency.1.Short titleThis Act may be cited as the Independent and Community Bank Shareholders Protection Act.2.Shareholder claims(a)In generalSection 11(d) of the Federal Deposit Insurance Act (12 U.S.C. 1821(d)) is amended by adding at the end the following:(21)Shareholder claims for just compensation(A)DefinitionIn this paragraph, the term covered institution means a depository institution—(i)for which the Corporation has appointed a conservator or receiver; and(ii)that has total assets of less than $15,000,000 as of the date on which the institution enters conservatorship or receivership.(B)Claims authorized(i)In generalA shareholder of a covered institution may file a claim with the Corporation for just compensation to be paid by the Corporation to the shareholder.(ii)Holding companiesA shareholder of a depository institution holding company may file a claim authorized by this subparagraph on behalf of such company with respect to a covered institution.(C)Amount to be paidJust compensation shall be paid to a shareholder for a claim under this paragraph in an amount equal to the pro-rata share of the shareholder of the net worth of the covered institution according to generally accepted accounting principles determined as of the date on which the covered institution enters conservatorship or receivership, whichever occurs first.(D)Limitation on payment of claimsThe Corporation shall not pay a claim under subparagraph (B) if—(i)the covered institution is determined by the final judgment of a court of competent jurisdiction to have been insolvent as of the date on which the Corporation was appointed conservator or receiver; or(ii)the administrative expenses of the Corporation arising from the appointment of a conservator or receiver for the covered institution exceed available funds from the covered institution, any deposit liability of the institution, any other general or senior liability of the institution and any obligation subordinated to depositors or general credits exceed the available funds from the covered institution.(E)Statute of limitations(i)In generalExcept as provided in clause (ii), the applicable statute of limitations with regard to a claim brought by a shareholder under subparagraph (B) shall be 90 days beginning on the date that a conservator or receiver is appointed for the covered institution pursuant to this Act.(ii)Claims arising from prior actionsThe applicable statute of limitations with regard to a claim brought by a shareholder under subparagraph (B) for a covered institution for which a conservator or receiver was appointed before the date of enactment of this paragraph shall be 90 days beginning on the date of enactment of this paragraph.(F)Savings association shareholdersThe rights provided to a shareholder under subparagraph (B), shall apply in the same manner and to the same extent to—(i)a shareholder of a savings association for which the Office of Thrift Supervision or the Office of the Comptroller of the Currency appointed a conservator or receiver; and(ii)a shareholder of a savings and loan holding company on behalf of such holding company with respect to a savings association for which the Office of Thrift Supervision or the Office of the Comptroller of the Currency appointed a conservator or receiver.(G)Special rules(i)Prior claimsA shareholder shall not be precluded from filing a claim under this paragraph if a claim with respect to the same conservatorship or receivership has been previously adjudicated before a court of competent jurisdiction.(ii)United States Court of Federal ClaimsA shareholder may seek review of a denial by the Corporation of a claim filed under this paragraph in the United States Court of Federal Claims..


		II
		112th CONGRESS
		2d Session
		S. 2446
		IN THE SENATE OF THE UNITED STATES

			April 26, 2012
			Mr. Schumer introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on leather footwear for
		  women with uppers other than of pigskin, valued $35/pair or
		  higher.

		1.Leather footwear for women
			 with uppers other than of pigskin, valued $35/pair or higher
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Leather footwear for women with uppers other than of pigskin,
						valued $35/pair or higher (provided for in subheading 6403.59.90)FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


115 HR 6630 IH: Maria Butina NRA Transparency Act
U.S. House of Representatives
2018-07-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6630IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mrs. Torres (for herself, Ms. Meng, Mrs. Napolitano, Ms. Wasserman Schultz, Mr. Johnson of Georgia, and Mr. McGovern) introduced the following bill; which was referred to the Permanent Select Committee on IntelligenceA BILLTo require the Director of National Intelligence to investigate whether the National Rifle
			 Association benefitted from Russia’s involvement in the United States
			 presidential election of 2016.

 1.Short TitleThis Act may be cited as the Maria Butina NRA Transparency Act. 2.FindingsCongress finds the following:
 (1)On January 6, 2017, the Office of the Director of National Intelligence issued its Intelligence Community Assessment “Assessing Russian Activities and Intentions in Recent U.S. Elections”, which stated that “We assess Russian President Vladimir Putin ordered an influence campaign in 2016 aimed at the U.S. presidential election. Russia’s goals were to undermine public faith in the U.S. democratic process, denigrate Secretary Clinton, and harm her electability and potential presidency. We further assess Putin and the Russian Government developed a clear preference for President-elect Trump.”
 (2)On July 2, 2018, the Select Committee on Intelligence of the Senate released its evaluation of the January 6, 2017, Intelligence Community Assessment, finding that “The Committee finds that the Intelligence Community met President Obama’s tasking and that the ICA is a sound intelligence product. While the Committee had to rely on agencies that the sensitive information and accesses had been accurately reported, as part of our inquiry the Committee reviewed analytic procedures, interviewed senior intelligence officers well-versed with the information, and based our findings on the entire body of intelligence reporting included in the ICA.”
 (3)On Monday, July 17, a Federal court in Washington, DC, charged Maria Butina, a Russian national with a long record of gun rights activism and ties to the National Rifle Association, with conspiracy under section 371 of title 18, United States Code, to act as an agent of a foreign government (the Russian Federation) under section 951 of title 18, United States Code.
 3.National intelligence estimate on Russian influence through NRANot later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of State and the Secretary of the Treasury, shall produce a national intelligence estimate of the total amount of the funds provided to the National Rifle Association by the Russian Federation, including funds provided through intermediaries, for the purpose of influencing the 2016 presidential election in the United States.


		I
		112th CONGRESS
		2d Session
		H. R. 6651
		IN THE HOUSE OF REPRESENTATIVES

			December 12, 2012
			Mr. Engel introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary, and in addition to the Committee on
			 Homeland Security, 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 impose requirements with regard to border searches of
		  digital electronic devices and digital storage media, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Securing our Borders and our Data Act
			 of 2011.
		2.Border searches
			 and seizures relating to digital electronic devices and media
			(a)Fundamental
			 rulesThe following rules
			 shall apply to any border search or seizure relating to a digital electronic
			 device or digital storage media in the possession of an individual:
				(1)Except as otherwise provided in this
			 subsection, no search of the digital contents of the device or media may be
			 based on the power of the United States to search a person and that person’s
			 possessions upon entry into the United States, unless that search is based on a
			 reasonable suspicion regarding that person.
				(2)No seizure of the digital contents of a
			 device or media, or of the device or media itself, may be based on the power of
			 the United States to search a person and that person’s possessions upon entry
			 into the United States, but must be based on some other constitutional
			 authority to make the seizure.
				(3)Any search of the digital contents of a
			 device or media must be conducted only by officers who have received
			 appropriate training, in order to minimize the possibility of irreparable
			 damage to, or erasure of, files and the hardware itself, and must be conducted
			 in the presence of a supervisor. At the request of the traveler, such search
			 shall be conducted out of public view.
				(4)An individual may
			 be required to turn on the device in order to demonstrate it is a working
			 device.
				(b)Supplemental and
			 implementing rules by Secretary of Homeland SecurityThe
			 Secretary of Homeland Security shall—
				(1)make rules
			 regarding border searches to which subsection (a) applies, detailing—
					(A)policies for protecting the integrity of
			 the data;
					(B)policies for the length of time seized data
			 will be stored and where and how it will be stored;
					(C)policies for whether the downloaded
			 information will be shared and, if so, with what other governmental entities
			 and under what circumstances;
					(D)information as to what rights an individual
			 has to ensure that individual’s device or media is returned; and
					(E)a requirement that a receipt be given
			 immediately to anyone whose device or media is seized with information
			 regarding whom to call for information about the seizure; and
					(2)place these rules
			 on the Department of Homeland Security Web site in a manner that makes them
			 readily publicly available.
				(c)DefinitionsIn this section—
				(1)the term border search means
			 any search of an individual upon entry into the United States based on the
			 power of the United States to search a person and that person’s possessions
			 upon entry to the United States;
				(2)the term digital electronic
			 device means any electronic device that contains digital data, including
			 laptops, personal digital assistants, wireless phones, ipods, iphones,
			 blackberries, and digital cameras; and
				(3)the term
			 digital storage media means any memory device that contains or may
			 contain digital data.
				3.Annual study and
			 report on searches and seizures of travelers by the United States Customs
			 Service
			(a)StudyThe Commissioner of the United States
			 Customs Service shall conduct an annual study of searches and seizures, during
			 the prior year, of the digital contents of digital electronic devices and
			 digital storage media, and of seizures of such devices and media, that are
			 based on the power of the United States to search or seize a person and that
			 person’s possessions upon entry into the United States. The study shall include
			 the number of such searches and seizures, the race, gender, and national origin
			 of the travelers subject to those searches, the type of searches conducted, and
			 the results of the searches.
			(b)ReportNot later than March 31 of each year, the
			 Commissioner of the Customs Service shall submit to the Congress the annual
			 report containing the results of the study conducted under subsection (a) for
			 the prior year.


116 SJ 25 IS: Relating to the disapproval of the proposed sale to the Government of the United Arab Emirates of certain defense articles and services.
U.S. Senate
2019-05-14
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.

IIA116th CONGRESS1st SessionS. J. RES. 25IN THE SENATE OF THE UNITED STATESMay 14, 2019Mr. Paul introduced the following joint resolution; which was read twice and referred to the Committee on Foreign RelationsJOINT RESOLUTIONRelating to the disapproval of the proposed sale to the Government of the United Arab Emirates of
			 certain defense
			 articles and services.

 That the issuance of a letter of offer with respect to any of the following proposed sales to the Government of the United Arab Emirates (described in the certification Transmittal No. 19–37, sent to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate pursuant to section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) on May 6, 2019), is hereby prohibited:
 (1)The proposed sale of up to four hundred fifty-two (452) Patriot Advanced Capability 3 (PAC–3) Missiles Segment Enhanced (MSE) (Transmittal Numbered 19–37).
 (2)The proposed sale of tools and test equipment, support equipment, publications and technical documentation, personnel training and training equipment, spare and repair parts, facility design, U.S. Government and contractor technical, engineering, and logistics support services, and other related elements of logistics, sustainment and program support (Transmittal Numbered 19–37).


		II
		112th CONGRESS
		2d Session
		S. 2479
		IN THE SENATE OF THE UNITED STATES

			April 26, 2012
			Mr. Brown of Ohio
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on
		  o-Chloro-p-toluidine (3-chloro-4-methylaniline).

		1.o-Chloro-p-toluidine
			 (3-chloro-4-methylaniline)
			(a)In
			 generalHeading 9902.25.16 of the Harmonized Tariff Schedule of
			 the United States (relating to o-Chloro-p-toluidine (3-chloro-4-methylaniline))
			 is amended by striking the date in the effective period column and inserting
			 12/31/2015.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


114 HR 5783 IH: Small Business Start-up Savings Accounts Act of 2016
U.S. House of Representatives
2016-07-14
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.

I114th CONGRESS2d SessionH. R. 5783IN THE HOUSE OF REPRESENTATIVESJuly 14, 2016Ms. Sewell of Alabama (for herself, Mr. Cicilline, and Ms. Brown of Florida) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to establish tax-preferred Small Business Start-up
			 Savings Accounts.

 1.Short titleThis Act may be cited as the Small Business Start-up Savings Accounts Act of 2016. 2.Establishment of Small Business Start-up Savings Accounts (a)In generalSubpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section:

					408B.Small Business Start-up Savings Accounts
 (a)General ruleExcept as provided in this section, a Small Business Start-up Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan.
 (b)Small business start-Up savings accountFor purposes of this title, the term Small Business Start-up Savings Account means an individual retirement plan which is designated (in such manner as the Secretary may prescribe) at the time of establishment of the plan as a Small Business Start-up Savings Account.
						(c)Treatment of contributions
 (1)No deduction allowedNo deduction shall be allowed under section 219 for a contribution to a Small Business Start-up Savings Account.
							(2)Contribution limit
 (A)In generalThe aggregate amount of contributions for any taxable year to all Small Business Start-up Savings Accounts maintained for the benefit of an individual shall not exceed $10,000.
 (B)Aggregate limitationThe aggregate of the amount of contributions for all taxable years with respect to all Small Business Start-up Savings Accounts maintained for the benefit of an individual shall not exceed $150,000.
								(C)Cost of living adjustment
 (i)In generalIn the case of a taxable year beginning after 2017, the $10,000 amount in subparagraph (A) shall be increased by an amount equal to—
 (I)such dollar amount, multiplied by (II)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2016 for calendar year 1992 in subparagraph (B) thereof.
 (ii)RoundingIf any amount as adjusted under clause (i) is not a multiple of $500, such amount shall be rounded to the next lowest multiple of $500.
 (3)Contributions permitted after age 70½Contributions to a Small Business Start-up Savings Account may be made even after the individual for whom the account is maintained has attained age 70½.
 (4)Rollovers from retirement plans not allowedA taxpayer shall not be allowed to make a qualified rollover contribution to a Small Business Start-up Savings Account from any eligible retirement plan (as defined in section 402(c)(8)(B)), except as may be provided by the Secretary in the case of a rollover from another Small Business Start-up Savings Account.
							(5)Income based on modified adjusted gross income
 (A)In generalIn the case of a taxable year in which the taxpayer’s adjusted gross income exceeds $150,000 ($300,000 in the case of a joint return), the dollar amount in effect for such taxable year under subsection (c)(2) shall be reduced (but not below zero) by the amount determined under subparagraph (B).
 (B)Amount of reductionThe amount determined under this subparagraph shall be the amount which bears the same ratio to such limitation as—
 (i)the excess of— (I)the taxpayer’s adjusted gross income for such taxable year, over
 (II)$150,000 ($300,000 in the case of a joint return), bears to (ii)$25,000.
 (C)Modified adjusted gross incomeThe term modified adjusted gross income means the adjusted gross income of the taxpayer for the taxable year increased by any amount excluded from gross income under section 911, 931, or 933.
								(d)Treatment of distributions
							(1)Tax treatment
 (A)Exclusion of qualified distributionsAny qualified distribution from a Small Business Start-up Savings Account shall not be includible in gross income.
 (B)Inclusion of other distributionsDistributions from a Small Business Start-up Savings Account which is not a qualified distribution shall be included in gross income and, for purposes of section 1, treated as a net capital gain.
 (2)Qualified distributionFor purposes of this subsection, the term qualified distribution means, with respect to any taxable year, any payment or distribution from a Small Business Start-up Savings Account—
 (A)to the extent the amount of such payment or distribution does not exceed the sum of— (i)the aggregate amounts paid or incurred by the taxpayer for such taxable year with respect to a trade or business for the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees, and
 (ii)the aggregate capital contributions of the taxpayer with respect to a trade or business for the taxable year (but only to the extent such amounts are used in such trade or business for purposes described in clause (i)), and
 (B)which, in the case of a payment or distribution subsequent to the first payment or distribution from such account (or any predecessor to such account)—
 (i)is made not later than the close of the 5th taxable year beginning after the date of such first payment or distribution, and
 (ii)is made with respect to the same trade or business with respect to which such first payment or distribution was made.
 (3)Treatment after death of account beneficiaryIf, by reason of the death of the account beneficiary, any person acquires the account beneficiary’s interest in a Small Business Start-up Savings Account—
 (A)such account shall cease to be a Small Business Start-up Savings Account as of the date of death, and
 (B)an amount equal to the fair market value of the assets in such account on such date shall be includible—
 (i)in the case of a person who is not the estate of such beneficiary, in such person’s gross income for the taxable year which includes such date, or
 (ii)in the case of a person who is the estate of such beneficiary, in such beneficiary’s gross income for the last taxable year of such beneficiary.
									(C)Special rules
 (i)Reduction of inclusion for predeath expensesThe amount includible in gross income under subparagraph (B) shall be reduced by the amounts described in paragraph (2) which were incurred by the decedent before the date of the decedent’s death and paid by such person within 1 year after such date.
 (ii)Deduction for estate taxesAn appropriate deduction shall be allowed under section 691(c) to any person (other than the decedent) with respect to amounts included in gross income under clause (i) by such person.
 (4)Mandatory distribution rules not to applySection 401(a)(9)(A) and the incidental death benefit requirements of section 401(a) shall not apply to any Small Business Start-up Savings Account..
 (b)Excess contributionsSection 4973 of such Code is amended by adding at the end the following new subsection:  (i)Excess contributions to Small Business Start-Up Savings AccountsFor purposes of this section, in the case of contributions to all Small Business Start-up Savings Accounts (within the meaning of section 408B(b)) maintained for the benefit of an individual, the term excess contributions means the sum of—
 (1)the excess (if any) of— (A)the amount contributed to such accounts for the taxable year, over
 (B)the amount allowable as a contribution under section 408B(c)(2)(A) for such taxable year, and (2)the amount determined under this subsection for the preceding taxable year, reduced by the sum of—
 (A)the distributions out of the accounts for the taxable year, and (B)the excess (if any) of—
 (i)the maximum amount allowable as a contribution under section 408B(c)(2)(A) for such taxable year, over
 (ii)the amount contributed to such accounts for such taxable year, and (3)the excess (if any) of—
 (A)the excess (if any) of— (i)the aggregate amounts contributed to such accounts for all taxable years, over
 (ii)the aggregate amount allowable as contributions under section 408B(c)(2)(B) for all taxable years, over
 (B)the amount determined under this paragraph for all preceding taxable years.. (c)Conforming amendmentThe table of sections for subpart A of part I of subchapter D of chapter 1 of such Code is amended by inserting after the item relating to section 408A the following new item:

						Sec. 408B. Small Business Start-up Savings Accounts..
 (d)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2016.


109 HR 5343 IH: To protect State and Federal judges by clarifying that

U.S. House of Representatives
2006-05-10
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. 5343
		IN THE HOUSE OF REPRESENTATIVES

			May 10, 2006
			Mr. Gohmert
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To protect State and Federal judges by clarifying that
		  Federal judicial immunity covers all acts undertaken by judges pursuant to
		  legal authority.

		1.Clarification of judicial
			 immunity
			(a)In
			 generalChapter 21 of title
			 28, United States Code, is amended by adding at the end the following:

					464.Judicial
				immunity for administrative functions
						(a)In
				generalSubject to subsection (b), each justice or judge of the
				United States and each justice or judge of a State shall have immunity against
				any Federal civil cause of action arising from or as a result of the discharge
				of any legislatively or constitutionally authorized duty, unless such justice
				or judge, in the course of discharging such duty, was committing a
				crime.
						(b)Other
				immunityThis section shall not preempt any Federal or State law
				providing immunity in addition to the immunity provided by this
				section.
						.
			(b)Chapter
			 analysisThe chapter analysis for chapter 21 of title 28, United
			 States Code, is amended by adding at the end the following:

						464. Judicial immunity for administrative
				functions.

					.


		I
		111th CONGRESS
		2d Session
		H. R. 5952
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2010
			Mr. Davis of Illinois
			 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 allow a
		  credit for installation of composite, recyclable power line
		  poles.

		1.Advanced manufacturing credit
			 for property which produces composite, recyclable power line poles
			(a)In
			 generalClause (i) of section 48C(c)(1)(A) of the Internal
			 Revenue Code of 1986 is amended by striking or at the end of
			 subclause (VI), by redesignating subclause (VII) as subclause (VIII), and by
			 inserting after subclause (VI) the following new subclause:

					(VII)utility poles or supports made from
				composite materials which are comprised of at least 15 percent recycled
				materials and are fully recyclable,
					.
			(b)Effective
			 dateThe amendments made by this section shall apply to periods
			 after the date of the enactment of this Act, under rules similar to the rules
			 of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day
			 before the date of the enactment of the Revenue Reconciliation Act of
			 1990).
			2.Business credit
			 for composite, recyclable power line poles
			(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.Electricity
				transmission composite pole property
						(a)In
				generalFor purposes of
				section 38, the amount of the electricity transmission composite pole property
				credit determined under this section for any taxable year is an amount equal to
				30 percent of the basis of the qualified composite poles placed in service
				during the taxable year.
						(b)Qualified
				composite poleFor purposes of this section—
							(1)In
				generalThe term qualified composite pole means any
				pole—
								(A)which is placed in
				service after December 31, 2010, and before January 1, 2016,
								(B)which is used to
				support one or more wires for use in connection with the transmission or
				distribution of electricity,
								(C)which is comprised
				of not more than 85 percent virgin materials, and
								(D)not less than 90
				percent of which can be recycled (within the meaning of section 168(m)(3)(C))
				at the end of its useful life.
								(2)ExceptionsSuch term shall not include any property
				that is conductive or that contains arsenic, arsenicals, creosote,
				pentachlorophenol, copper napthenate.
							(c)Denial of double
				benefitFor purposes of this subtitle, if a credit is determined
				under subsection (a) with respect to any property, the basis of such property
				shall be reduced by the amount of the credit so
				determined.
						.
			(b)Clerical
			 amendmentThe table of
			 sections for subpart D of part IV of subchapter A of chapter 1 of such Code is
			 amended by adding at the end the following new item:

						Sec. 45R. Electricity transmission
				composite pole
				property.

					.
			(c)Credit made part
			 of general business creditSubsection (b) of section 38 of such
			 Code 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 th end the following new paragraph:

					(36)the electricity transmission composite pole
				property credit determined under section
				45R(a).
					.
			(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after the date of the enactment of this Act.


IV
111th CONGRESS
1st Session
H. RES. 895
In the House of Representatives, U. S.,

November 7, 2009

RESOLUTION
Honoring the lives of the brave soldiers and civilians of the United States Army who died or were wounded in the tragic attack of November 5, 2009 at Fort Hood, Texas.

That the House of Representatives honors the lives of the brave soldiers and civilians of the United States Army who died or were wounded in the tragic attack of November 5, 2009, at Fort Hood, Texas. The American people share the pain and grief of this tragic loss. Our thoughts and prayers will continue to be with the families of those who were so unfortunately taken from them.

Lorraine C. Miller,Clerk.


113 HR 2961 IH: Christopher Bryski Student Loan Protection Act
U.S. House of Representatives
2013-08-01
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. 2961
		IN THE HOUSE OF REPRESENTATIVES

			August 1, 2013
			Mr. Pascrell (for
			 himself and Mr. Runyan) introduced the
			 following bill; which was referred to the Committee on Financial Services, and in
			 addition to the Committee on Education and
			 the Workforce, 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 the Truth in Lending Act and the Higher
		  Education Act of 1965 to require additional disclosures and protections for
		  students and cosigners with respect to student loans, and for other
		  purposes.

		1.Short title;
			 Findings
			(a)Short
			 titleThis Act may be cited
			 as the Christopher Bryski Student Loan
			 Protection Act or Christopher’s Law.
			(b)FindingsCongress
			 finds the following:
				(1)No requirement
			 exists for private educational lenders’ promissory notes to include a clear and
			 conspicuous description of the responsibilities of a borrower and cosigner in
			 the event the borrower or cosigner becomes disabled, incapacitated, or
			 dies.
				(2)According to the Annual Report of the
			 Bureau of Consumer Financial Protection (CFPB) Student Loan Ombudsman, dated
			 October 16, 2012:
					(A)In less
			 than seven months, the CFPB has handled approximately 2,900 private student
			 loan complaints..
					(B)Co-signers
			 complain that information about discharge or alternative arrangements in the
			 case of death of the primary borrower is not readily available and that
			 decisions are made on a case-by-case basis, giving co-signers little
			 understanding of how the process works, or if they will be
			 successful..
					(C)The
			 complaints and input received by the CFPB resemble many of the same issues
			 experienced by mortgage borrowers, such as improper application of payments,
			 untimeliness in error resolution, and inability to contact appropriate
			 personnel in times of hardship..
					(D)The
			 difference between federal and private student loans in periods of disability
			 was not well-understood..
					(E)There are
			 at least $8 billion of private student loans in default, representing more than
			 850,000 individual loans..
					(F)While
			 lenders do provide the terms of agreement in promissory notes, including
			 associated benefits and protections, many borrowers state they were unaware of
			 the categorical differences between federal and private
			 protections..
					(3)No requirement
			 exists for a private education loan borrower to designate an alternate point of
			 contact on their account in the event of their death or permanent
			 disability.
				(4)An estimated
			 1,700,000 people sustain a traumatic brain injury each year, with older
			 adolescents aged 15 to 19 years old more likely to sustain a traumatic brain
			 injury than other age groups.
				(5)It has been estimated that the annual
			 incidence of spinal cord injury, not including those who die at the scene of an
			 accident, is approximately 40 cases per 1,000,000 people in the United States
			 or approximately 12,000 new cases each year. These injuries can lead to
			 permanent disability or loss of movement and can prohibit the victim from
			 engaging in any substantial gainful activity.
				(6)In the 2007–2008 academic year, 13 percent
			 of students attending a 4-year public institution of higher education, and 26.2
			 percent of students attending a 4-year private institution of higher education,
			 borrowed monies from private educational lenders.
				(7)According to Sallie Mae, in 2009, the
			 percentage of cosigned private education loans increased from 66 percent to 84
			 percent of all private education loans.
				2.Additional
			 student loan protections
			(a)In
			 generalSection 140 of the
			 Truth in Lending Act (15 U.S.C. 1650) is amended by adding at the end the
			 following:

					(g)Additional
				protections relating to death or disability of borrower or cosigner of a
				private education loan
						(1)Clear and
				conspicuous description of borrower’s and cosigner’s obligationIn the case of any private educational
				lender who extends a private education loan, the lender shall clearly and
				conspicuously describe, in writing, the cosigner’s obligations with respect to
				the loan, including the effect the death, disability, or inability to engage in
				any substantial gainful activity of the borrower or any cosigner would have on
				any such obligation, in language that the Bureau determines would give a
				reasonable person a reasonable understanding of the obligation being assumed by
				becoming a cosigner for the loan.
						(2)Designation of
				individual to act on behalf of the borrowerIn the case of any private educational
				lender who extends a private education loan, the lender shall require the
				borrower to designate an individual to have the legal authority to act on
				behalf of the borrower with respect to the private education loan in the event
				of the borrower’s death, disability, or inability to engage in any substantial
				gainful activity.
						(3)CounselingIn the case of any private educational
				lender who extends a private education loan, the lender shall ensure that the
				borrower, and any cosigner, receives comprehensive information on the terms and
				conditions of the loan and of the responsibilities the borrower has with
				respect to such loan, including the information described under section
				485(l)(2) of the Higher Education Act of 1965 (20 U.S.C. 1092(l)(2)).
						(4)Model
				formThe Bureau shall publish a model form under section 105 for
				describing a cosigner’s obligation for purposes of paragraph (1).
						(5)Definition of
				death, disability, or inability to engage in any substantial gainful
				activityFor the purposes of
				this subsection with respect to a borrower or cosigner, the term death,
				disability, or inability to engage in any substantial gainful
				activity—
							(A)means any
				condition described in section 437(a) of the Higher Education Act of 1965 (20
				U.S.C. 1087(a)); and
							(B)shall be interpreted by the Bureau in such
				a manner as to conform with the regulations prescribed by the Secretary of
				Education under section 437(a) of such Act (20 U.S.C. 1087(a)) to the fullest
				extent practicable, including safeguards to prevent fraud and
				abuse.
							.
			(b)DefinitionsSubsection (a) of section 140 of the Truth
			 in Lending Act (15 U.S.C. 1650(a)) is amended—
				(1)by redesignating paragraphs (1) through (8)
			 as paragraphs (2) through (9), respectively; and
				(2)by inserting
			 before paragraph (2) (as redesignated by paragraph (1)) the following:

						(1)the term cosigner—
							(A)means any
				individual who is liable for the obligation of another without compensation,
				regardless of how designated in the contract or instrument;
							(B)includes any
				person whose signature is requested as condition to grant credit or to forbear
				on collection; and
							(C)does not include a
				spouse of an individual referred to in subparagraph (A) whose signature is
				needed to perfect the security interest in the
				loan;
							.
				(c)RulemakingNot
			 later than the end of the 1-year period following the date of the enactment of
			 this Act, the Bureau of Consumer Financial Protection shall issue regulations
			 to carry out section 140(g) of the Truth in Lending Act.
			3.Federal student
			 loans
			(a)Counseling
			 informationSection 485(l)(2)
			 of the Higher Education Act of 1965 (20 U.S.C. 1092(l)(2)) is amended by adding
			 at the end the following:

					(L)Information on the conditions required to
				discharge the loan due to the death, disability, or inability to engage in any
				substantial gainful activity of the borrower in accordance with section 437(a),
				and an explanation that, in the case of a private education loan made through a
				private educational lender (as such terms are defined in section 140 of the
				Truth in Lending Act (15 U.S.C. 1650)), the borrower, the borrower’s estate,
				and any cosigner of such a private education loan may be obligated to repay the
				full amount of the loan, regardless of the death or disability of the borrower
				or any other condition described in section 437(a).
					(M)Any repayment, refinance, deferment,
				forbearance, or forgiveness opportunities available to the borrower, or
				cosigner, in the event of either individual’s death, disability, or inability
				to engage in any substantial gainful activity.
					(N)The effect that
				the death, disability, or inability to engage in any substantial gainful
				activity of the borrower would have on the obligations of the borrower and any
				cosigner of the
				loan.
					.
			(b)Designation of
			 individual To act on behalf of the borrowerSection 484(a)(4) of
			 the Higher Education Act of 1965 (20 U.S.C. 1091(a)(4)) is amended—
				(1)in subparagraph
			 (A), by striking and after the semicolon;
				(2)in subparagraph
			 (B), by inserting and after the semicolon; and
				(3)by adding at the
			 end the following new subparagraph:

						(C)a designation by such student of an
				individual who shall have the legal authority to act on behalf of the student
				with respect to any loan to the student under this title in the event of the
				student’s death, disability, or inability to engage in any substantial gainful
				activity;
						.


114 HR 5107 IH: Social Networking Online Protection Act
U.S. House of Representatives
2016-04-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 5107
		IN THE HOUSE OF REPRESENTATIVES

			April 28, 2016
			Mr. Engel (for himself, Mr. Tonko, Ms. Schakowsky, and Mr. Ellison) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To prohibit employers and certain other entities from requiring or requesting that employees and
			 certain other individuals provide a user name, password, or other means
			 for accessing a personal account on any social networking website.

 1.Short titleThis Act may be cited as the Social Networking Online Protection Act. 2.Employer access to personal accounts on social networking websites (a)Conduct prohibitedIt shall be unlawful for any employer—
 (1)to require or request that an employee or applicant for employment provide the employer with a password or any other means for accessing a private email account of the employee or applicant or a personal online account of the employee or applicant, including any social networking website; or
 (2)to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or applicant for employment because—
 (A)the employee or applicant for employment refuses or declines to provide password or other means for accessing a private email account of the employee or applicant or a personal online account of the employee or applicant, including any social networking website; or
 (B)such employee or applicant for employment has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding.
					(b)Enforcement
				(1)Civil penalties
 (A)In generalSubject to paragraph (2), any employer who violates any provision of this Act may be assessed a civil penalty of not more than $10,000.
 (B)Determination of amountIn determining the amount of any penalty under paragraph (1), the Secretary of Labor shall take into account the previous record of the person in terms of compliance with this Act and the gravity of the violation.
 (C)CollectionAny civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of section 503 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1853) with respect to civil penalties assessed under subsection (a) of such section.
 (2)Injunctive actions by the secretary of laborThe Secretary of Labor may bring an action under this section to restrain violations of this Act. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this Act, including such legal or equitable relief incident thereto as may be appropriate, including, employment, reinstatement, promotion, and the payment of lost wages and benefits.
 3.Institution of higher education access to personal accounts on social networking websitesSection 487(a) of the Higher Education Act of 1965 (20 U.S.C. 1095(a)) is amended by adding at the end the following:

				(30)
 (A)The institution will not— (i)require or request that a student or potential student provide the institution with a password or any other means for accessing a private email account of the student or potential student or a personal online account of the student or potential student, including any social networking website; or
 (ii)discharge, discipline, discriminate against in any manner, or deny admission to, suspend, or expel, or threaten to take any such action against, any student or potential student because—
 (I)the student or potential student refuses or declines to provide a password or other means for accessing a private email account of the student or potential student or a personal online account of the student or potential student, including any social networking website; or
 (II)such student or potential student has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph or has testified or is about to testify in any such proceeding.
 (B)For purposes of this paragraph, the term social networking website has the meaning given such term in section 5(2) of the Social Networking Online Protection Act.. 4.Local educational agency access to personal accounts on social networking websites (a)In generalSubpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1094 et seq.) is amended by adding at the end the following new section:

					9537.Prohibition on access to personal accounts of students
 (a)In generalNo local educational agency receiving funds under this Act may— (1)require or request that a student or potential student provide the agency or a school served by the agency with a password or any other means for accessing a private email account of the student or potential student or a personal online account of the student or potential student, including any social networking website; or
 (2)discharge, discipline, discriminate against in any manner, or deny admission to, suspend, or expel, or threaten to take any such action against, any student or potential student because—
 (A)the student or potential student refuses or declines to provide a password or other means for accessing a private email account of the student or potential student or a personal online account of the student or potential student, including any social networking website; or
 (B)such student or potential student has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph or has testified or is about to testify in any such proceeding.
 (b)DefinitionFor purposes of this subsection, the term social networking website has the meaning given such term in section 5(2) of the Social Networking Online Protection Act.. (b)Clerical amendmentThe table of contents for the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by inserting after the item relating to section 9536, the following new item:

						Sec. 9537. Prohibition on access to personal accounts of students..
 5.DefinitionsAs used in this Act— (1)the term employer means any person acting directly or indirectly in the interest of an employer in relation to an employee or an applicant for employment; and
 (2)the term social networking website means any Internet service, platform, or website that provides a user with a distinct account— (A)whereby the user can access such account by way of a distinct user name, password, or other means distinct for that user; and
 (B)that is primarily intended for the user to upload, store, and manage user-generated personal content on the service, platform, or website.


114 S152 RS: Keep the Promise Act of 2015
U.S. Senate
2015-01-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 342114th CONGRESS1st SessionS. 152[Report No. 114–199]IN THE SENATE OF THE UNITED STATESJanuary 13, 2015Mr. McCain (for himself and Mr. Flake) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsDecember 18, 2015Reported by Mr. Barrasso, without amendmentA BILLTo prohibit gaming activities on certain Indian land in Arizona until the expiration of certain
			 gaming compacts.

 1.Short titleThis Act may be cited as the Keep the Promise Act of 2015. 2.FindingsCongress finds that—
 (1)in 2002, the voters in the State of Arizona approved Proposition 202, the Indian Gaming Preservation and Self-Reliance Act;
 (2)to obtain the support of Arizona voters to approve Proposition 202, the Indian tribes within Arizona agreed to limit the number of casinos within the State and in particular within the Phoenix metropolitan area; and
 (3)this Act preserves the agreement made between the Indian tribes and the Arizona voters until the expiration of the gaming compacts authorized by Proposition 202.
 3.DefinitionsIn this Act: (1)Indian tribe; class II gaming; class III gamingThe terms Indian tribe, class II gaming, and class III gaming have the meanings given those terms in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703).
 (2)Phoenix metropolitan areaThe term Phoenix metropolitan area means land within Maricopa County and Pinal County, Arizona, that is north of latitude 33 degrees, 5 minutes, 13 seconds north, east of longitude 113 degrees, 20 minutes, 0 seconds west, and west of longitude 110 degrees, 50 minutes, 45 seconds west, using the NED 1983 State Plane Arizona FOPS 0202 coordinate system.
			4.Gaming clarification
 (a)ProhibitionClass II gaming and class III gaming are prohibited on land within the Phoenix metropolitan area acquired by the Secretary of the Interior in trust for the benefit of an Indian tribe after April 9, 2013.
 (b)ExpirationThe prohibition in subsection (a) shall expire on January 1, 2027.December 18, 2015Reported without amendment


110 HR 6243 IH: Ambulance Fuel Tax Relief Act of

U.S. House of Representatives
2008-06-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 6243
		IN THE HOUSE OF REPRESENTATIVES

			June 11, 2008
			Mr. Ramstad
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide an
		  exemption from the Federal motor fuels excise tax for ground emergency and
		  non-emergency ambulance services.

		1.Short titleThis Act may be cited at the
			 Ambulance Fuel Tax Relief Act of
			 2008.
		2.Exemption for
			 ground ambulance services transportation
			(a)In
			 generalSubsection (l) of
			 section 4041 of the Internal Revenue Code of 1986 is amended to read as
			 follows:

					(l)Exemption for
				certain uses
						(1)Certain
				aircraftNo tax shall be
				imposed under this section on any liquid sold for use in, or used in, a
				helicopter or a fixed-wing aircraft for purposes of providing transportation
				with respect to which the requirements of subsection (f) or (g) of section 4261
				are met.
						(2)Ground ambulance
				servicesNo tax shall be
				imposed under this section on any liquid sold for use in, or used in, any
				ground ambulance for purposes of providing medically necessary ambulance
				services described in section 1861(s)(7) of the Social Security Act (42 U.S.C.
				1395x(s)(7)). The preceding sentence shall not apply to any liquid sold or used
				after December 31,
				2012.
						.
			(b)Refunds
				(1)In
			 generalSection 6427 of such Code (relating to fuels not used for
			 taxable purposes) is amended by inserting after subsection (f) the following
			 new subsection:

						(g)Use To provide
				ambulance servicesExcept as
				provided in subsection (k), if any fuel on which tax was imposed by section
				4041 or 4081 is used in an ground ambulance for a purpose described in section
				4041(l)(2), the Secretary shall pay (without interest) to the ultimate
				purchaser of such fuel an amount equal to the aggregate amount of the tax
				imposed on such fuel. The preceding sentence shall not apply to any liquid used
				after December 31,
				2012.
						.
				(2)Time for filing
			 claims; period coveredParagraphs (1) and (2)(A) of section
			 6427(i) of such Code are each amended by inserting (g), after
			 (d),.
				(3)Conforming
			 amendmentSection 6427(d) of such Code is amended by striking
			 4041(l) and inserting 4041(l)(1).
				(c)Effective
			 dateThe amendments made by this section shall apply to fuel used
			 in transportation provided in calendar quarters beginning after the date of the
			 enactment of this Act.


110 HR 7211 IH: Minerals Management Service Improvement Act of 2008
U.S. House of Representatives
2008-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS
2d Session
H. R. 7211
IN THE HOUSE OF REPRESENTATIVES

September 28, 2008
Mrs. Maloney of New York introduced the following bill; which was referred to the Committee on Natural Resources

A BILL
To improve the administration of the Minerals Management Service, and for other purposes.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Minerals Management Service Improvement Act of 2008.
(b)Table of contentsThe table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—Employees of Service
Sec. 101. Employee ethical standards.
TITLE II—Programs of Service
Sec. 201. Suspension of royalty-in-kind program.
Sec. 202. Audits.
Sec. 203. Annual reports.
Sec. 204. Prohibition on use of royalty-in-kind revenues for administrative costs.
2.DefinitionsIn this Act:
(1)DepartmentThe term Department means the Department of the Interior.
(2)MineralThe term mineral has the meaning given the term minerals in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(3)Mineral mining
(A)In generalThe term mineral mining means—
(i)any activity carried out on Federal land on or off a claim (with or without a discovery) for mineral leasing, preleasing, any related activity, prospecting, exploration, development, mining, extraction, milling, beneficiation, processing, or storage of mined or processed materials with respect to any mineral that is under the jurisdiction of the Service and uses reasonably incident to the activity; and
(ii)any reclamation activity for any mineral and uses reasonably incident to the activity.
(B)InclusionsThe term mineral activity includes the construction and use of roads, transmission lines, pipelines, utility corridors, and other means of access across Federal land for an ancillary facility.
(4)Royalty-in-kind programThe term royalty-in-kind program means the program established under—
(A)section 342 of the Energy Policy Act of 2005 (42 U.S.C. 15902);
(B)section 36 of the Mineral Leasing Act (30 U.S.C. 192);
(C)section 27 of the Outer Continental Shelf Lands Act (43 U.S.C. 1353); or
(D)any other similar provision of law.
(5)SecretaryThe term Secretary means the Secretary of the Interior.
(6)ServiceThe term Service means the Minerals Management Service.
IEmployees of Service
101.Employee ethical standards
(a)Gifts
(1)Prohibition
(A)In generalAn employee of the Service may not knowingly accept a gift from an entity that is engaged in the business of mineral mining.
(B)ExceptionsExcept for the value exception, the regulations providing exceptions to the gift rules for Federal employees for gifts from outside sources (5 C.F.R. Part 2635) shall apply to subparagraph (A).
(2)ViolationWhoever violates paragraph (1) shall be guilty of a felony and fined under title 18, United States Code, or imprisoned for not more than 2 years, or both.
(b)Financial disclosureThe filing requirements of section 101(f) of the Ethics in Government Act of 1978 shall apply to an employee of the Service in a position classified at an annual income equivalent to GS–13 or higher.
(c)Divestiture requirementAn employee of the Service may not own stock or any other interest in an entity that is engaged in the business of mineral mining during the period of employment of that employee by the Service.
(d)Outside employmentAn employee of the Service may not be employed by any entity that is engaged in the business of mineral mining during the period of employment of that employee by the Service.
(e)Revolving door
(1)Any work for the industryAn employee of the Service shall not work for an entity engaged in the business of mineral mining during the 1-year period after the termination of his or her employment with the Service.
(2)ViolationWhoever violates paragraph (1) shall be guilty of a felony and punished as provided in section 216 of title 18, United States Code.
IIPrograms of Service
201.Suspension of royalty-in-kind program
(a)In generalNotwithstanding any other provision of law, the authority of the Secretary to carry out each royalty-in-kind program is suspended during the period—
(1)beginning on the date of enactment of this Act; and
(2)ending on the date the Secretary certifies to Congress that the Secretary, acting through the Service, has—
(A)conducted a comprehensive review to determine if the Service is accurately collecting royalties and reported the results of the review to Congress;
(B)conducted a thorough review to ensure that metering equipment properly measures what royalties are owed to the Federal Government and reported the results of the review to Congress;
(C)implemented a robust training program for employees of the Service that culminates in a certification signed by an employee that the employee understands the ethics laws (including regulations); and
(D)created an ombudsman position that—
(i)monitors the progress of the Service in carrying out the actions described in this paragraph; and
(ii)is appointed by, and reports exclusively to, the Inspector General of the Department.
(b)ApplicationSubsection (a) applies to a contract entered into on or after the date of enactment of this Act.
202.Audits
(a)Number of audits
(1)In generalThe Secretary shall ensure that by fiscal year 2009 the Service shall perform each fiscal year not less that 550 audits of oil and gas leases entered into by the Secretary for which payment is made under a royalty-in-kind program.
(2)Compliance reviewsFor purposes of paragraph (1), a compliance review shall not be considered an audit.
(b)StandardsNot later than 120 days after the date of enactment of this Act, the Secretary shall promulgate regulations that—
(1)require that all employees that conduct audits or compliance reviews of oil and gas leases entered into by the Secretary shall meet professional auditor qualifications that are consistent with the latest revision of the Government Auditing Standards issued by the Comptroller General of the United States; and
(2)ensure that all audits conducted by the Department are performed in accordance with the Standards.
203.Annual reportsNot later than 1 year after the date of enactment of this Act and each year thereafter, the Inspector General of the Department shall submit to Congress a report that evaluates—
(1)the performance of the Secretary in carrying out each royalty-in-kind program; and
(2)whether the royalty-in-kind program costs or saves taxpayer dollars as compared to receiving revenues in cash.
204.Prohibition on use of royalty-in-kind revenues for administrative costsSection 342(b)(5) of the Energy Policy Act of 2005 (42 U.S.C. 15902(b)(5)) is amended—
(1)by striking Limitation.— and all that follows through subparagraph (B), the in subparagraph (A) and inserting Limitation.—The; and
(2)by striking subparagraph (B).


113 S2689 IS: Medicare CGM Access Act of 2014
U.S. Senate
2014-07-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS2d Session
		S. 2689
		IN THE SENATE OF THE UNITED STATES

			July 30, 2014
			Ms. Collins (for herself and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title XVIII of the Social Security Act to specify coverage of continuous glucose
			 monitoring devices, and for other purposes.

		1.Short title
			This Act may be cited as the
		  Medicare CGM Access Act of 2014.2.Medicare coverage of continuous glucose monitoring devices(a)In generalSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—(1)in subsection (s)(2)—(A)in subparagraph (EE), by striking and at the end;(B)in subparagraph (FF), by adding and; and(C)by adding at the end the following new subparagraph:(GG)continuous glucose monitoring devices (as defined in subsection (iii)(1)) furnished to a CGM
			 qualified individual (as defined in subsection (iii)(2));; and(2)by adding at the end the following new subsection:(iii)Continuous Glucose Monitoring Device; CGM qualified individual(1)(A)The term continuous glucose monitoring device  means a class III medical device approved by the Food and Drug Administration that continuously
			 monitors and trends glucose levels in body fluid.(B)Such term applies to such medical device—(i)as a stand-alone product;(ii)when integrated with an insulin pump; or(iii)as an integral component of any other medical device cleared or approved by the Food and Drug
			 Administration, such as artificial pancreas device systems.(C)With respect to a continuous glucose monitoring device that is described in clause (ii) or (iii) of
			 subparagraph (B), the Secretary shall treat an insulin pump or other
			 medical device that has a continuous glucose monitoring device as an
			 integrated or integral component as a single medical device.(D)Such term includes components, accessories, and supplies that are necessary and related to the
			 operation of the class III medical device, such as sensors, transmitters,
			 receivers, and requisite software.(2)The term CGM qualified individual means any of the following:(A)An individual with Type I diabetes—(i)who is following an intensive insulin treatment regimen that consists of 3 or more insulin
			 injections per day or the use of a subcutaneous insulin infusion pump;(ii)subject to paragraph (3), whose attending physician certifies that the individual’s condition
			 cannot be safely and effectively managed with self-monitoring of blood
			 glucose; and(iii)who—(I)has been unable to achieve optimum glycemic control in accordance with evidence-based guidelines;
			 or(II)has experienced hypoglycemia unawareness or frequent hypoglycemic episodes.(B)An individual not described in subparagraph (A) who meets such other medical criteria as the
			 Secretary may specify for the furnishing of a continuous glucose
			 monitoring device based on available medical evidence and taking into
			 account any anticipated pathway to the development of artificial pancreas
			 device systems.(C)An individual with diabetes who has been regularly using a continuous glucose monitoring device
			 before becoming entitled to, or enrolling in, part A, or enrolling in part
			 B, or both.(3)For purposes of a certification by an attending physician described in paragraph (2)(A)(ii), such
			 certification shall not be required more frequently than once every 3
			 years..(b)Payment(1)In generalSection 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is amended—(A)by striking and before (Z); and(B)by inserting before the semicolon at the end the following: , and (AA) with respect to
			 continuous glucose monitoring devices under section
			 1861(s)(2)(GG)), the amount paid shall be an amount equal to 80 percent of
			 the amount determined under the fee schedule established under section
			 1834(p).(2)Conforming amendmentSection 1834 of the Social Security Act (42 U.S.C. 1395m) is amended by adding at the end the
			 following new subsection:(p)Fee schedule for continuous glucose monitoring devices(1)Establishment(A)In generalWith respect to continuous glucose monitoring devices (as defined in section 1861(iii)(1))
			 furnished during a year, the amount of payment under this part for such
			 devices shall be determined under a fee schedule established by the
			 Secretary in accordance with this subsection.(B)Clarification of application of fee schedule to devices having CGM as an integral componentPayment shall be calculated and made under the fee schedule established under this subsection for
			 any insulin pump or other medical device that has a continuous glucose
			 monitoring device as an integrated or integral component.(2)Initial payment rate(A)In generalWith respect to each distinct type of continuous glucose monitoring device, the Secretary shall
			 establish an initial payment rate under the fee schedule established under
			 this subsection for the first year, which may be a partial year, during
			 which payment may be made for such continuous glucose monitoring device
			 under this part.(B)DataWith respect to a continuous glucose monitoring device, the initial payment rate under subparagraph
			 (A) shall—(i)reflect market rates for such device; and(ii)take into
			 account the most recent available data on prices for such device.(C)Accounting for differences in functionalities among various CGM devicesFor purposes of the initial payment rates established under subparagraph (A), the Secretary shall
			 establish a new HCPCS code for each distinct type of class III medical
			 device cleared or approved by the Food and Drug Administration that
			 includes a continuous glucose monitoring device, such as a medical device
			 described in clause (ii) or (iii) of section 1861(iii)(1)(B).	Such HCPCS
			 codes shall distinguish among the different functionalities of such
			 devices in a manner that reflects the classifications of the Food and Drug
			 Administration in clearing or approving such devices.(3)Updates to payment ratesWith respect to each year beginning after the year, or partial year, referred to in paragraph
			 (2)(A)
			 during which an initial payment rate is established for a distinct
			 continuous glucose monitoring device, the Secretary shall provide for
			 annual updates to the payment rate under the fee schedule established
			 under this subsection for each such device for the preceding year by the
			 percentage increase in the consumer price index for all urban consumers
			 (United States city average) for the 12-month period ending with June of
			 the preceding year.(4)Adjustment for geographic variationsThe Secretary shall provide for adjustments to the payment rates under the fee schedule established
			 under this subsection to take into account geographic variations in the
			 prices of continuous glucose monitoring devices..(c)Ensuring beneficiary access to appropriate componentsSection 1847(a) of the Social Security Act (42 U.S.C. 1395w–3(a)) is amended by adding at the end
			 the following new paragraph:(8)Ensuring beneficiary access to appropriate components(A)In generalIn carrying out the programs under this section with respect to glucose meters required for
			 continuous glucose monitoring devices (as defined in section 1861(iii)(1))
			 that are furnished to CGM qualified individuals (as defined in section
			 1861(iii)(2)), the Secretary shall ensure that such CGM qualified
			 individuals are furnished the brand of diabetic testing supplies (as
			 defined in subparagraph (B)) that function with such continuous glucose
			 monitoring devices, such as in the case where there is only one brand of
			 glucose meter that is compatible with a particular continuous glucose
			 monitoring device.(B)DefinitionIn this paragraph, the term diabetic testing supplies means glucose meters and diabetic testing strips..(d)Effective date; Rulemaking(1)Effective dateThe amendments made by this section shall apply to items and services furnished
			 on or after January 1, 2015.(2)Rulemaking(A)In generalThe Secretary of Health and Human Services (in this paragraph referred to as the Secretary) shall implement the amendments made by this section through notice and comment rulemaking.(B)ConsultationAs part of the rulemaking process under subparagraph (A), the Secretary shall consult with national
			 organizations representing individuals with diabetes, physicians with
			 relevant clinical expertise in endocrinology, and other relevant
			 stakeholders to develop clinical criteria for the determination of whether
			 an individual qualifies as having Type I diabetes under section
			 1861(iii)(2)(A) of the Social Security Act, as added by subsection (a)(2).
			  Not later than 60 days after the date of enactment of this Act, the
			 Secretary shall convene a meeting of those stakeholders to develop
			 consensus recommendations for such clinical criteria. The Secretary shall
			 take such recommendations into account in implementing the amendments made
			 by this section.


115 S1180 IS: Clean Energy Grid Act
U.S. Senate
2017-05-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 1180IN THE SENATE OF THE UNITED STATESMay 18, 2017Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo advance the integration of clean distributed energy into electric grids, and for other purposes.

 1.Short titleThis Act may be cited as the Clean Energy Grid Act.
 2.FindingsCongress finds that— (1)research by the Secretary of Energy and the Administrator of the Environmental Protection Agency has found that clean distributed energy technologies can create important values for both the host facility and the electric grid operator;
 (2)the values described in paragraph (1) can include, for the host facility— (A)energy bill savings;
 (B)additional revenue from offering ancillary services to the electric grid operator; (C)increased electric reliability in the event of grid outages; and
 (D)improved electric power quality; (3)the values described in paragraph (1) can include, for the electric grid operator—
 (A)avoiding the need for transmission and distribution upgrade investments; (B)enhanced grid stability by providing reactive power;
 (C)voltage and frequency stabilization; and (D)more reliable and stable operation of the grid by providing dispatchable energy to the grid during periods of insufficient capacity or supply; and
 (4)new advances in intelligent sensing and simulation and control technologies offer the potential to enhance the benefits of clean distributed generation to both the host facility and the electric grid operator from dynamic, adaptive, and anticipatory response to changing grid conditions.
 3.DefinitionsIn this Act: (1)Ancillary serviceThe term ancillary service means those services necessary to support the transmission of electric power from seller to purchaser given the obligations of control areas and transmitting utilities within those control areas to maintain reliable operations of the interconnected transmission system.
 (2)Clean distributed energyThe term clean distributed energy means energy technologies that are located on the customer site operating on the customer side of the electric meter and are interconnected with the electric grid.
 (3)Combined heat and power technologyThe term combined heat and power technology means the generation of electric energy and heat in a single, integrated system that meets the efficiency criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of the Internal Revenue Code of 1986, under which heat that is conventionally rejected is recovered and used to meet thermal energy requirements.
 (4)Energy storageThe term energy storage means technologies that store electric energy and are able to discharge on demand to meet customer or grid needs for electric energy.
 (5)Fuel cellThe term fuel cell means a device that produces electric energy directly from a chemical reaction. (6)GridThe term grid means the electric grid that is composed of both distribution and transmission lines, and associated facilities, including substations, sensors, and operational controls.
 (7)IntelligenceThe term intelligence means any devices or technologies that manifest adaptive, anticipatory, and dynamic optimization behavior.
			(8)Qualified waste heat resource
 (A)In generalThe term qualified waste heat resource means— (i)exhaust heat or flared gas from any industrial process;
 (ii)waste gas or industrial tail gas that would otherwise be flared, incinerated, or vented; (iii)a pressure drop in any gas for an industrial or commercial process; or
 (iv)any other form of waste heat resource, as determined by the Secretary. (B)ExclusionThe term qualified waste heat resource does not include a heat resource from a process the primary purpose of which is the generation of electricity using a fossil fuel.
 (9)SecretaryThe term Secretary means the Secretary of Energy. (10)Waste heat to power technologyThe term waste heat to power technology means a system that generates electricity through the recovery of a qualified waste heat resource.
			4.Research and deployment plan for enhanced integration of clean distributed energy with the grid
 (a)In generalThe Secretary shall carry out efforts for advancing the integration of clean distributed energy into electric grids.
			(b)Study and report on the status of grid integration
 (1)In generalNot later than 180 days after the date of enactment of this Act, the Secretary, after consultation with State public utility commissions, State energy offices, regional transmission organizations, electric and natural gas utilities, independent power producers, clean distributed energy providers, public interest organizations, and other appropriate stakeholders, shall conduct a study on the status of integration of clean distributed energy into the grid, identifying any issues that require additional research or regulatory development.
 (2)InclusionsIn conducting the study under paragraph (1), the Secretary shall— (A)identify and quantify the benefits to all stakeholders of expanded integration of clean distributed energy resources into the grid;
 (B)identify any technical issues that require research to identify solutions; and (C)identify any regulatory barriers that inhibit the expanded integration of clean distributed energy resources into the grid.
 (3)ReportNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study conducted under paragraph (1).
 (4)FundingThe Secretary shall use unobligated funds of the Department of Energy to carry out this subsection. (c)Research into the technical barriers to the integration of clean distributed energy with the grid (1)In generalNot later than 18 months after the date of enactment of this Act, the Secretary shall—
 (A)issue a solicitation for research proposals to address the technical barriers identified in the report submitted under subsection (b)(3); and
 (B)make grants to those applicants with research proposals selected by the Secretary in accordance with paragraph (2).
 (2)CriteriaThe Secretary shall select research proposals to receive a grant under this subsection on the basis of merit, using criteria identified by the Secretary, including the likelihood that the research results will address critical barriers identified by the Secretary.
 (3)FundingBeginning in the first full fiscal year following the date of enactment of this Act, and annually thereafter for 2 years, the Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $5,000,000 in any 1 fiscal year.
				(d)Creation of a stakeholder working group
 (1)In generalNot later than 18 months after the date of enactment of this Act, the Secretary shall convene a working group (referred to in this subsection as the Group) to address regulatory barriers to deployment of intelligent grid integration of clean distributed energy technologies.
 (2)PurposeThe purpose of the Group is to provide guidance on how to address the technical, regulatory and economic factors that limit widespread integration of grid-level clean distributed energy use in order to advance the integration of clean distributed energy into electric grids.
				(3)Membership
 (A)In generalThe Group shall be composed of representatives of all groups determined by the Secretary to have a material interest in the development, implementation, siting, and integration of clean distributed energy technology or systems into the electric grid.
 (B)CriteriaMembers shall be selected— (i)from representatives that apply as a result of a public announcement from the Secretary; and
 (ii)by the Secretary based on qualifications and balance of interests represented by the selected individuals.
 (4)DutiesThe duties of the Group shall be— (A)to review the regulatory barriers identified in the report prepared by the Secretary under subsection (b)(3);
 (B)to identify any additional regulatory barriers that inhibit the installation of distributed energy; and
 (C)to recommend to the Secretary any actions that should be undertaken to remove these barriers.
 (5)ReportNot later than 3 years after the date of enactment of this Act, the Secretary shall prepare and submit to Congress a report based on the recommendations of the Group under paragraph (4)(C), to be made publicly available.
 (6)FundingThe Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $2,000,000 in any 1 fiscal year.
				(e)Demonstrations of intelligent grid integration of clean distributed energy systems
 (1)In generalBased on the findings in the reports conducted under this section and not later than 3 years after the date of enactment of this Act, the Secretary shall issue a solicitation for demonstration of integration of distributed energy resources into the grid.
 (2)Eligible entitiesAny individual entity or group of entities may submit to the Secretary proposals for demonstration projects based on the solicitation described in paragraph (1), including—
 (A)State and local agencies; (B)public institutions;
 (C)private companies; (D)electric and natural gas utilities; and
 (E)equipment manufacturers. (3)Grants authorizedThe Secretary may make grants, in amounts not to exceed a total of $5,000,000, to eligible entities to carry out demonstration projects, to be selected based on—
 (A)the technical merits of the demonstration project; (B)the likelihood that the demonstration project will address critical barriers identified by the Secretary under this section; and
 (C)the share of non-Federal funds for the demonstration project. (4)FundingBeginning in the third full fiscal year following the date of enactment of this Act, and annually thereafter for 3 years, the Secretary may request funding as necessary to carry out this subsection, but in no case shall funding exceed $15,000,000 in any 1 fiscal year.
 (f)ReportThe Secretary annually shall submit to Congress a report that— (1)describes the progress made in carrying out this section; and
 (2)identifies any technical or regulatory issues that require legislative action.