I
108th CONGRESS
2d Session
H. R. 4849
IN THE HOUSE OF REPRESENTATIVES

July 15, 2004
Mrs. Johnson of Connecticut (for herself, Mr. Tanner, Mr. English, and Mrs. Jones of Ohio) 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 encourage guaranteed lifetime income payments from annuities and similar payments of life insurance proceeds at dates later than death by excluding from income a portion of such payments.

1.Short titleThis Act may be cited as the Retirement Security for Life Act of 2004.
2.FindingsThe Congress finds the following:
(1)Just over half of all United States workers actively participate in tax-deferred retirement savings plans which are comprised of assets of nearly $5,000,000,000,000.
(2)Congress has historically promoted policies that will encourage greater private savings for retirement, but has not devoted the same attention to developing policies that will help people manage the savings once they reach retirement age;
(3)Qualified retirement savings plans are the product of such policies and provide Americans with valuable resources for their later years.
(4)Non-qualified plans provide an additional retirement benefit.
(5)77,000,000 members of the baby boom generation are approaching retirement age and demographic data indicate that members of this generation can expect to live on average an additional 20 to 30 years after retirement.
(6)The commitment of Congress to creating incentives to promote private savings and to manage accumulated savings does not supercede the responsibility of Congress to reduce the national debt and bring the Federal budget back into balance.
(7)Failure to address long term savings issues will only serve to increase the strain on Federal programs such as social security, medicare, and medicaid.
(8)The national debt and annual budget deficits pose a significant risk not only to national security but also to the long-term solvency of the social security and medicare programs.
(9)Encouraging the prudent management of accumulated savings and personal responsibility for retirement income security will reduce the potential financial threat to well-established entitlement programs for senior citizens.
(10)The budget impact of this Act will be mitigated through the legislative process so that the enactment of this Act will not add to the $7.2 trillion national debt.
3.Exclusion for lifetime annuity payments
(a)Lifetime annuity payments under annuity contractsSubsection (b) of section 72 of the Internal Revenue Code (relating to annuities) is amended by adding at the end thereof the following new paragraph:

(5)Exclusion for lifetime annuity payments
(A)In generalIn the case of lifetime annuity payments received under one or more annuity contracts in any taxable year, gross income shall not include 50 percent of the portion of lifetime annuity payments otherwise includible (without regard to this paragraph) in gross income under this section. For purposes of the preceding sentence, the amount excludible from gross income in any taxable year shall not exceed $20,000.
(B)Cost-of-living adjustmentIn the case of taxable years beginning after December 31, 2005, the $20,000 amounts 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 2004 for calendar year 1992 in subparagraph (B) thereof.If any amount as increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500.
(C)Application of paragraphSubparagraph (A) shall not apply to—
(i)any amount received under an eligible deferred compensation plan (as defined in section 457(b)) or under a qualified retirement plan (as defined in section 4974(c)),
(ii)any amount paid under an annuity contract that is received by the beneficiary under the contract—
(I)after the death of the annuitant in the case of payments described in subsection (c)(5)(A)(ii)(III), unless the beneficiary is the surviving spouse of the annuitant, or
(II)after the death of the annuitant and joint annuitant in the case of payments described in subsection (c)(5)(A)(ii)(IV), unless the beneficiary is the surviving spouse of the last to die of the annuitant and the joint annuitant, or
(iii)any annuity contract that is a qualified funding asset (as defined in section 130(d)), but without regard to whether there is a qualified assignment.
(D)Investment in the contractFor purposes of this section, the investment in the contract shall be determined without regard to this paragraph..
(b)DefinitionsSubsection (c) of section 72 of such Code is amended by adding at the end thereof the following new paragraph:

(5)Lifetime annuity payment
(A)In generalFor purposes of subsection (b)(5), the term lifetime annuity payment means any amount received as an annuity under any portion of an annuity contract, but only if—
(i)the only person (or persons in the case of payments described in subclause (II) or (IV) of clause (ii)) legally entitled (by operation of the contract, a trust, or other legally enforceable means) to receive such amount during the life of the annuitant or joint annuitant is such annuitant or joint annuitant, and
(ii)such amount is part of a series of substantially equal periodic payments made not less frequently than annually over—
(I)the life of the annuitant,
(II)the lives of the annuitant and a joint annuitant, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less,
(III)the life of the annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, or
(IV)the lives of the annuitant and a joint annuitant with a minimum period of payments or with a minimum amount that must be paid in any event, but only if the annuitant is the spouse of the joint annuitant as of the annuity starting date or the difference in age between the annuitant and joint annuitant is 15 years or less.
(iii)ExceptionsFor purposes of clause (ii), annuity payments shall not fail to be treated as part of a series of substantially equal periodic payments—
(I)because the amount of the periodic payments may vary in accordance with investment experience, reallocations among investment options, actuarial gains or losses, cost of living indices, a constant percentage applied not less frequently than annually, or similar fluctuating criteria,
(II)due to the existence of, or modification of the duration of, a provision in the contract permitting a lump sum withdrawal after the annuity starting date, or
(III)because the period between each such payment is lengthened or shortened, but only if at all times such period is no longer than one calendar year.
(B)Annuity contractFor purposes of subparagraph (A) and subsections (b)(5) and (w), the term annuity contract means a commercial annuity (as defined by section 3405(e)(6)), other than an endowment or life insurance contract.
(C)Minimum period of paymentsFor purposes of subparagraph (A), the term minimum period of payments means a guaranteed term of payments that does not exceed the greater of 10 years or—
(i)the life expectancy of the annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(III), or
(ii)the life expectancy of the annuitant and joint annuitant as of the annuity starting date, in the case of lifetime annuity payments described in subparagraph (A)(ii)(IV).For purposes of this subparagraph, life expectancy shall be computed with reference to the tables prescribed by the Secretary under paragraph (3). For purposes of subsection (w)(1)(C)(ii), the permissible minimum period of payments shall be determined as of the annuity starting date and reduced by one for each subsequent year.
(D)Minimum amount that must be paid in any eventFor purposes of subparagraph (A), the term minimum amount that must be paid in any event means an amount payable to the designated beneficiary under an annuity contract that is in the nature of a refund and does not exceed the greater of the amount applied to produce the lifetime annuity payments under the contract or the amount, if any, available for withdrawal under the contract on the date of death. .
(c)Recapture tax for lifetime annuity paymentsSection 72 of such Code is amended by redesignating subsection (w) as subsection (x) and inserting after subsection (v) the following new subsection (w):

(w)Recapture tax for modifications to or reductions in lifetime annuity payments
(1)In generalIf any amount received under an annuity contract is excluded from income by reason of subsection (b)(5) (relating to lifetime annuity payments), and—
(A)the series of payments under such contract is subsequently modified so any future payments are not lifetime annuity payments,
(B)after the date of receipt of the first lifetime annuity payment under the contract an annuitant receives a lump sum and thereafter is to receive annuity payments in a reduced amount under the contract, or
(C)after the date of receipt of the first lifetime annuity payment under the contract the dollar amount of any subsequent annuity payment is reduced and a lump sum is not paid in connection with the reduction, unless such reduction is—
(i)due to an event described in subsection (c)(5)(A)(iii), or
(ii)due to the addition of, or increase in, a minimum period of payments within the meaning of subsection (c)(5)(C) or a minimum amount that must be paid in any event (within the meaning of subsection (c)(5)(D)),then gross income for the first taxable year in which such modification or reduction occurs shall be increased by the recapture amount.
(2)Recapture amount
(A)In generalFor purposes of this subsection, the recapture amount shall be the amount, determined under rules prescribed by the Secretary, equal to the amount that (but for subsection (b)(5)) would have been includible in the taxpayer’s gross income if the modification or reduction described in paragraph (1) had been in effect at all times, plus interest for the deferral period at the underpayment rate established by section 6621.
(B)Deferral periodFor purposes of this subsection, the term deferral period means the period beginning with the taxable year in which (without regard to subsection (b)(5)) the payment would have been includible in gross income and ending with the taxable year in which the modification described in paragraph (1) occurs.
(3)Exceptions to recapture taxParagraph (1) shall not apply in the case of any modification or reduction that occurs because an annuitant—
(A)dies or becomes disabled (within the meaning of subsection (m)(7)),
(B)becomes a chronically ill individual within the meaning of section 7702B(c)(2), or
(C)encounters hardship..
(d)Lifetime distributions of life insurance death benefits
(1)In generalSubsection (d) of section 101 of such Code (relating to life insurance proceeds) is amended by adding at the end thereof the following new paragraph:

(4)Exclusion for lifetime annuity payments
(A)In generalIn the case of amounts to which this subsection applies, gross income shall not include the lesser of—
(i)50 percent of the portion of lifetime annuity payments otherwise includible in gross income under this section (determined without regard to this paragraph), or
(ii)the amount in effect under section 72(b)(5).
(B)Rules of section 72(b)(5) to applyFor purposes of this paragraph, rules similar to the rules of section 72(b)(5) and section 72(w) shall apply, substituting the term beneficiary of the life insurance contract for the term annuitant wherever it appears, and substituting the term life insurance contract for the term annuity contract wherever it appears..
(2)Conforming amendmentParagraph (1) of subsection (d) of section 101 of such Code is amended by adding or paragraph (4) after to the extent not excluded by the preceding sentence.
(e)Effective date
(1)In generalThe amendments made by this section shall apply to amounts received in calendar years beginning after the date of the enactment of this Act.
(2)Special rule for existing contractsIn the case of a contract in force on the date of the enactment of this Act that does not satisfy the requirements of section 72(c)(5)(A) of the Internal Revenue Code of 1986 (as added by this section), or requirements similar to such section 72(c)(5)(A) in the case of a life insurance contract), any modification to such contract (including a change in ownership) or to the payments thereunder that is made to satisfy the requirements of such section (or similar requirements) shall not result in the recognition of any gain or loss, any amount being included in gross income, or any addition to tax that otherwise might result from such modification, but only if the modification is completed prior to the date that is 2 years after the date of the enactment of this Act.


110 HR 5794 IH: Federal Sunset Act of

U.S. House of Representatives
2008-04-15
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
		2d Session
		H. R. 5794
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2008
			Mr. Brady of Texas
			 (for himself, Mr. Akin,
			 Mr. Bachus,
			 Mr. Barrett of South Carolina,
			 Mr. Bartlett of Maryland,
			 Mr. Bilbray,
			 Mrs. Blackburn,
			 Mr. Blunt,
			 Mr. Broun of Georgia,
			 Ms. Ginny Brown-Waite of Florida,
			 Mr. Burton of Indiana,
			 Mr. Campbell of California,
			 Mr. Carter,
			 Mr. Chabot,
			 Mr. Cole of Oklahoma,
			 Mr. Conaway,
			 Mr. Edwards,
			 Mr. English of Pennsylvania,
			 Mr. Feeney,
			 Mr. Flake,
			 Ms. Foxx, Mr. Garrett of New Jersey,
			 Mr. Gohmert,
			 Mr. Goode,
			 Mr. Hall of Texas,
			 Mr. Hensarling,
			 Mr. Herger,
			 Mr. Hoekstra,
			 Mr. Inglis of South Carolina,
			 Mr. Sam Johnson of Texas,
			 Mr. Jones of North Carolina,
			 Mr. King of Iowa,
			 Mr. Kingston,
			 Mr. Lamborn,
			 Mr. McCaul of Texas,
			 Mr. McCotter,
			 Mr. McKeon,
			 Mr. Mack, Mrs. Bono Mack, Mr.
			 Marchant, Mrs. Myrick,
			 Mr. Miller of Florida,
			 Mr. Moran of Kansas,
			 Mr. Neugebauer,
			 Mr. Paul, Mr. Pence, Mr.
			 Pitts, Mr. Price of
			 Georgia, Mr. Ryan of
			 Wisconsin, Mr.
			 Sensenbrenner, Mr.
			 Sessions, Mr. Shimkus,
			 Mr. Stearns,
			 Mr. Terry,
			 Mr. Thornberry,
			 Mr. Weller of Illinois, and
			 Mr. Westmoreland) introduced the
			 following bill; which was referred to the Committee on Oversight and Government
			 Reform

		A BILL
		To provide for the periodic review of the efficiency and
		  public need for Federal agencies, to establish a Commission for the purpose of
		  reviewing the efficiency and public need of such agencies, and to provide for
		  the abolishment of agencies for which a public need does not
		  exist.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Federal Sunset Act of
			 2008.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Review and abolishment of Federal agencies.
					Sec. 3. Establishment of Commission.
					Sec. 4. Review of efficiency and need for Federal
				agencies.
					Sec. 5. Criteria for review.
					Sec. 6. Commission oversight.
					Sec. 7. Rulemaking authority.
					Sec. 8. Relocation of Federal employees.
					Sec. 9. Program inventory.
					Sec. 10. Definition of agency.
					Sec. 11. Offset of amounts appropriated.

			2.Review and abolishment
			 of Federal agencies
			(a)Schedule for
			 reviewNot later than one year after the date of the enactment of
			 this Act, the Federal Agency Sunset Commission established under section 3 (in
			 this Act referred to as the Commission) shall submit to Congress
			 a schedule for review by the Commission, at least once every 12 years (or less,
			 if determined appropriate by Congress), of the abolishment or reorganization of
			 each agency.
			(b)Review of
			 agencies performing related functionsIn determining the schedule
			 for review of agencies under subsection (a), the Commission shall provide that
			 agencies that perform similar or related functions be reviewed concurrently to
			 promote efficiency and consolidation.
			(c)Abolishment of
			 agencies
				(1)In
			 generalEach agency shall—
					(A)be reviewed
			 according to the schedule created pursuant to this section; and
					(B)be abolished not
			 later than one year after the date that the Commission completes its review of
			 the agency pursuant to such schedule, unless the agency is reauthorized by the
			 Congress.
					(2)ExtensionThe
			 deadline for abolishing an agency may be extended for an additional two years
			 after the date described in paragraph (1)(B) if the Congress enacts legislation
			 extending such deadline by a vote of a super majority of the House of
			 Representatives and the Senate.
				3.Establishment of
			 Commission
			(a)EstablishmentThere
			 is established a commission to be known as the Federal Agency Sunset
			 Commission.
			(b)CompositionThe
			 Commission shall be composed of 12 members (in this Act referred to as the
			 members) who shall be appointed as follows:
				(1)Six members shall
			 be appointed by the Speaker of the House of Representatives, one of whom may
			 include the Speaker of the House of Representatives, with minority members
			 appointed with the consent of the minority leader of the House of
			 Representatives.
				(2)Six members shall
			 be appointed by the majority leader of the Senate, one of whom may include the
			 majority leader of the Senate, with minority members appointed with the consent
			 of the minority leader of the Senate.
				(c)Qualifications of
			 members
				(1)In
			 general(A)Of
			 the members appointed under subsection (b)(1), four shall be members of the
			 House of Representatives (not more than two of whom may be of the same
			 political party), and two shall be an individual described in subparagraph
			 (C).
					(B)Of the members appointed under
			 subsection (b)(2), four shall be members of the Senate (not more than two of
			 whom may be of the same political party) and two shall be an individual
			 described in subparagraph (C).
					(C)An individual under this subparagraph
			 is an individual—
						(i)who is not a member of Congress;
			 and
						(ii)with expertise in the operation
			 and administration of Government programs.
						(2)Continuation of
			 membershipIf a member was appointed to the Commission as a
			 Member of Congress and the member ceases to be a Member of Congress, that
			 member shall cease to be a member of the Commission. The validity of any action
			 of the Commission shall not be affected as a result of a member becoming
			 ineligible to serve as a member for the reasons described in this
			 paragraph.
				(d)Initial
			 appointmentsAll initial appointments to the Commission shall be
			 made not later than 90 days after the date of the enactment of this Act.
			(e)Chairman; vice
			 Chairman
				(1)Initial
			 ChairmanAn individual shall be designated by the Speaker of the
			 House of Representatives from among the members initially appointed under
			 subsection (b)(1) to serve as chairman of the Commission for a period of 2
			 years.
				(2)Initial
			 vice-chairmanAn individual shall be designated by the majority
			 leader of the Senate from among the individuals initially appointed under
			 subsection (b)(2) to serve as vice-chairman of the Commission for a period of
			 two years.
				(3)Alternate
			 appointments of chairmen and vice-chairmenFollowing the
			 termination of the two-year period described in paragraphs (1) and (2), the
			 Speaker and the majority leader shall alternate every two years in appointing
			 the chairman and vice-chairman of the Commission.
				(f)Terms of
			 members
				(1)Members of
			 CongressEach member appointed to the Commission who is a member
			 of Congress shall serve for a term of six years, except that, of the members
			 first appointed under paragraphs (1) and (2) of subsection (b), 2 members shall
			 be appointed to serve a term of three years under each such paragraph.
				(2)Other
			 membersEach member of the Commission who is not a member of
			 Congress shall serve for a term of three years.
				(3)Term
			 limit(A)A
			 member of the Commission who is a member of Congress and who serves more than
			 three years of a term may not be appointed to another term as a member.
					(B)A member of the Commission who is not
			 a member of Congress and who serves as a member of the Commission for more than
			 56 months may not be appointed to another term as a member.
					(g)Powers of
			 Commission
				(1)Hearings and
			 sessionsThe Commission may, for the purpose of carrying out this
			 Act, hold such hearings, sit and act at such times and places, take such
			 testimony, and receive such evidence as the Commission considers appropriate.
			 The Commission may administer oaths to witnesses appearing before it.
				(2)Obtaining
			 informationThe Commission may secure directly from any
			 department or agency of the United States information necessary to enable it to
			 carry out its duties under this Act. Upon request of the Chairman, the head of
			 that department or agency shall furnish that information to the Commission in a
			 full and timely manner.
				(3)Subpoena
			 power(A)The
			 Commission may issue a subpoena to require the attendance and testimony of
			 witnesses and the production of evidence relating to any matter under
			 investigation by the Commission.
					(B)If a person refuses to obey an order
			 or subpoena of the Commission that is issued in connection with a Commission
			 proceeding, the Commission may apply to the United States district court in the
			 judicial district in which the proceeding is held for an order requiring the
			 person to comply with the subpoena or order.
					(4)ImmunityThe
			 Commission is an agency of the United States for purposes of part V of title
			 18, United States Code (relating to immunity of witnesses).
				(5)Contract
			 authorityThe Commission may contract with and compensate
			 government and private agencies or persons for services without regard to
			 section 3709 of the Revised Statutes (41 U.S.C. 5).
				(h)Commission
			 procedures
				(1)MeetingsThe
			 Commission shall meet at the call of the Chairman.
				(2)QuorumSeven
			 members of the Commission shall constitute a quorum but a lesser number may
			 hold hearings.
				(i)Personnel
			 matters
				(1)CompensationMembers
			 shall not be paid by reason of their service as members.
				(2)Travel
			 expensesEach member shall receive travel expenses, including per
			 diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title
			 5, United States Code.
				(3)DirectorThe
			 Commission shall have a Director who shall be appointed by the Chairman. The
			 Director shall be paid at a rate not to exceed the maximum rate of basic pay
			 payable for GS–15 of the General Schedule.
				(4)StaffThe
			 Director may appoint and fix the pay of additional personnel as the Director
			 considers appropriate.
				(5)Applicability of
			 certain civil service lawsThe Director and staff of the
			 Commission shall be appointed subject to the provisions of title 5, United
			 States Code, governing appointments in the competitive service, and shall be
			 paid in accordance with the provisions of chapter 51 and subchapter III of
			 chapter 53 of that title relating to classification and General Schedule pay
			 rates.
				(j)Other
			 administrative matters
				(1)Postal and
			 printing servicesThe Commission may use the United States mails
			 and obtain printing and binding services in the same manner and under the same
			 conditions as other departments and agencies of the United States.
				(2)Administrative
			 support servicesUpon the request of the Commission, the
			 Administrator of General Services shall provide to the Commission, on a
			 reimbursable basis, the administrative support services necessary for the
			 Commission to carry out its duties under this Act.
				(3)Experts and
			 consultantsThe Commission may procure temporary and intermittent
			 services under section 3109(b) of title 5, United States Code.
				(k)Sunset of
			 CommissionThe Commission shall terminate on December 31, 2033,
			 unless reauthorized by Congress.
			4.Review of efficiency
			 and need for Federal agencies
			(a)In
			 generalThe Commission shall review the efficiency and public
			 need for each agency in accordance with the criteria described in section
			 5.
			(b)Recommendations;
			 report to CongressThe Commission shall submit to Congress and
			 the President not later than September 1 of each year a report
			 containing—
				(1)an
			 analysis of the efficiency of operation and public need for each agency to be
			 reviewed in the year in which the report is submitted pursuant to the schedule
			 submitted to Congress under section 2;
				(2)recommendations on
			 whether each such agency should be abolished or reorganized;
				(3)recommendations on
			 whether the functions of any other agencies should be consolidated,
			 transferred, or reorganized in an agency to be reviewed in the year in which
			 the report is submitted pursuant to the schedule submitted to Congress under
			 section 2; and
				(4)recommendations
			 for administrative and legislative action with respect to each such agency, but
			 not including recommendations for appropriation levels.
				(c)Draft
			 legislationThe Commission shall submit to Congress and the
			 President not later than September 1 of each year a draft of legislation to
			 carry out the recommendations of the Commission under subsection (b).
			(d)Information
			 gatheringThe Commission shall—
				(1)conduct public
			 hearings on the abolishment of each agency reviewed under subsection
			 (b);
				(2)provide an
			 opportunity for public comment on the abolishment of each such agency;
				(3)require the agency
			 to provide information to the Commission as appropriate; and
				(4)consult with the
			 General Accounting Office, the Office of Management and Budget, the Comptroller
			 General, and the chairman and ranking minority members of the committees of
			 Congress with oversight responsibility for the agency being reviewed regarding
			 the operation of the agency.
				(e)Use of program
			 inventoryThe Commission shall use the program inventory prepared
			 under section 9 in reviewing the efficiency and public need for each agency
			 under subsection (a).
			5.Criteria for
			 reviewThe Commission shall
			 evaluate the efficiency and public need for each agency pursuant to section 4
			 using the following criteria:
			(1)The effectiveness,
			 and the efficiency of the operation of, the programs carried out by each such
			 agency.
			(2)Whether the
			 programs carried out by the agency are cost-effective.
			(3)Whether the agency
			 has acted outside the scope of its original authority, and whether the original
			 objectives of the agency have been achieved.
			(4)Whether less
			 restrictive or alternative methods exist to carry out the functions of the
			 agency.
			(5)The extent to which
			 the jurisdiction of, and the programs administered by, the agency duplicate or
			 conflict with the jurisdiction and programs of other agencies.
			(6)The potential
			 benefits of consolidating programs administered by the agency with similar or
			 duplicative programs of other agencies, and the potential for consolidating
			 such programs.
			(7)The number and
			 types of beneficiaries or persons served by programs carried out by the
			 agency.
			(8)The extent to
			 which any trends, developments, and emerging conditions that are likely to
			 affect the future nature and extent of the problems or needs that the programs
			 carried out by the agency are intended to address.
			(9)The extent to
			 which the agency has complied with the provisions contained in the
			 Government Performance and Results Act of
			 1993 (Public Law 103–62; 107 Stat. 285).
			(10)The promptness
			 and effectiveness with which the agency seeks public input and input from State
			 and local governments on the efficiency and effectiveness of the performance of
			 the functions of the agency.
			(11)Whether the agency
			 has worked to enact changes in the law that are intended to benefit the public
			 as a whole rather than the specific business, institution, or individuals that
			 the agency regulates.
			(12)The extent to
			 which the agency has encouraged participation by the public as a whole in
			 making its rules and decisions rather than encouraging participation solely by
			 those it regulates.
			(13)The extent to
			 which the public participation in rulemaking and decisionmaking of the agency
			 has resulted in rules and decisions compatible with the objectives of the
			 agency.
			(14)The extent to
			 which the agency complies with section 552 of title 5, United States Code
			 (commonly known as the Freedom of Information Act).
			(15)The extent to
			 which the agency complies with equal employment opportunity requirements
			 regarding equal employment opportunity.
			(16)The extent of the
			 regulatory, privacy, and paperwork impacts of the programs carried out by the
			 agency.
			(17)The extent to
			 which the agency has coordinated with State and local governments in performing
			 the functions of the agency.
			(18)The potential
			 effects of abolishing the agency on State and local governments.
			(19)The extent to which
			 changes are necessary in the authorizing statutes of the agency in order that
			 the functions of the agency can be performed in the most efficient and
			 effective manner.
			6.Commission
			 oversight
			(a)Monitoring of
			 implementation of recommendationsThe Commission shall monitor
			 implementation of laws enacting provisions that incorporate recommendations of
			 the Commission with respect to abolishment or reorganization of
			 agencies.
			(b)Monitoring of
			 other relevant legislation
				(1)In
			 generalThe Commission shall review and report to Congress on all
			 legislation introduced in either house of Congress that would establish—
					(A)a new agency;
			 or
					(B)a new program to
			 be carried out by an existing agency.
					(2)Report to
			 CongressThe Commission shall include in each report submitted to
			 Congress under paragraph (1) an analysis of whether—
					(A)the functions of
			 the proposed agency or program could be carried out by one or more existing
			 agencies;
					(B)the functions of
			 the proposed agency or program could be carried out in a less restrictive
			 manner than the manner proposed in the legislation; and
					(C)the legislation
			 provides for public input regarding the performance of functions by the
			 proposed agency or program.
					7.Rulemaking
			 authorityThe Commission may
			 promulgate such rules as necessary to carry out this Act.
		8.Relocation of
			 Federal employeesIf the
			 position of an employee of an agency is eliminated as a result of the
			 abolishment of an agency in accordance with this Act, there shall be a
			 reasonable effort to relocate such employee to a position within another
			 agency.
		9.Program
			 inventory
			(a)PreparationThe
			 Comptroller General and the Director of the Congressional Budget Office, in
			 cooperation with the Director of the Congressional Research Service, shall
			 prepare an inventory of Federal programs (in this Act referred to as the
			 program inventory) within each agency.
			(b)PurposeThe
			 purpose of the program inventory is to advise and assist the Congress and the
			 Commission in carrying out the requirements of this Act. Such inventory shall
			 not in any way bind the committees of the Senate or the House of
			 Representatives with respect to their responsibilities under this Act and shall
			 not infringe on the legislative and oversight responsibilities of such
			 committees. The Comptroller General shall compile and maintain the inventory
			 and the Director of the Congressional Budget Office shall provide budgetary
			 information for inclusion in the inventory.
			(c)Inventory
			 contentThe program inventory shall set forth for each program
			 each of the following matters:
				(1)The specific
			 provision or provisions of law authorizing the program.
				(2)The committees of
			 the Senate and the House of Representatives which have legislative or oversight
			 jurisdiction over the program.
				(3)A
			 brief statement of the purpose or purposes to be achieved by the
			 program.
				(4)The committees
			 which have jurisdiction over legislation providing new budget authority for the
			 program, including the appropriate subcommittees of the Committees on
			 Appropriations of the Senate and the House of Representatives.
				(5)The agency and, if
			 applicable, the subdivision thereof responsible for administering the
			 program.
				(6)The grants-in-aid,
			 if any, provided by such program to State and local governments.
				(7)The next
			 reauthorization date for the program.
				(8)A
			 unique identification number which links the program and functional category
			 structure.
				(9)The year in which
			 the program was originally established and, where applicable, the year in which
			 the program expires.
				(10)Where applicable,
			 the year in which new budget authority for the program was last authorized and
			 the year in which current authorizations of new budget authority expire.
				(d)Budget
			 authorityThe report also shall set forth for each program
			 whether the new budget authority provided for such programs is—
				(1)authorized for a
			 definite period of time;
				(2)authorized in a
			 specific dollar amount but without limit of time;
				(3)authorized without
			 limit of time or dollar amounts;
				(4)not specifically
			 authorized; or
				(5)permanently
			 provided,
				as
			 determined by the Director of the Congressional Budget Office.(e)CBO
			 informationFor each program or group of programs, the program
			 inventory also shall include information prepared by the Director of the
			 Congressional Budget Office indicating each of the following matters:
				(1)The amounts of new
			 budget authority authorized and provided for the program for each of the
			 preceding four fiscal years and, where applicable, the four succeeding fiscal
			 years.
				(2)The functional and
			 subfunctional category in which the program is presently classified and was
			 classified under the fiscal year 2009 budget.
				(3)The identification
			 code and title of the appropriation account in which budget authority is
			 provided for the program.
				(f)Mutual exchange
			 of informationThe General Accounting Office, the Congressional
			 Research Service, and the Congressional Budget Office shall permit the mutual
			 exchange of available information in their possession which would aid in the
			 compilation of the program inventory.
			(g)Assistance by
			 Executive branchThe Office of Management and Budget, and the
			 Executive agencies and the subdivisions thereof shall, to the extent necessary
			 and possible, provide the General Accounting Office with assistance requested
			 by the Comptroller General in the compilation of the program inventory.
			10.Definition of
			 agencyAs used in this Act,
			 the term agency has the meaning given that term by section 105 of
			 title 5, United States Code, except that such term includes an advisory
			 committee as that term is defined in section 102(2) of the
			 Federal Advisory Committee
			 Act.
		11.Offset of amounts
			 appropriatedAmounts
			 appropriated to carry out this Act shall be offset by a reduction in amounts
			 appropriated to carry out programs of other Federal agencies.


109 HRES 573 IH: Congratulating Mohamed ElBaradei and the United Nations International Atomic Energy Agency on winning the Nobel Peace Prize.
U.S. House of Representatives
2005-11-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
109th CONGRESS
1st Session
H. RES. 573
IN THE HOUSE OF REPRESENTATIVES

November 18, 2005
Mr. Allen (for himself, Mr. Snyder, and Mr. Spratt) submitted the following resolution; which was referred to the Committee on International Relations

RESOLUTION
Congratulating Mohamed ElBaradei and the United Nations International Atomic Energy Agency on winning the Nobel Peace Prize.

Whereas on October 7, 2005, the Norwegian Nobel Committee awarded the Nobel Peace Prize to Dr. Mohamed ElBaradei and the United Nations International Atomic Energy Agency (IAEA) for their efforts to prevent nuclear energy from being used for military purposes and to ensure that nuclear energy for peaceful purposes is used in the safest possible way;
Whereas the IAEA was founded in 1957 with the mission of promoting the peaceful uses of nuclear technologies and verifying that such technologies are not used to build nuclear weapons;
Whereas in large part due to the work of the IAEA, the current number of nuclear weapon states is half the number that the United States intelligence community expected could emerge by 1968;
Whereas the IAEA has for almost 50 years served as a watchdog for nuclear proliferation around the world while upholding the belief that nuclear science should be used safely and securely in the service of humankind;
Whereas Dr. Mohamed ElBaradei has worked for the IAEA since 1984 and has served as Director General since 1997;
Whereas the IAEA now consists of more than 2,200 professional and support employees from 90 different countries;
Whereas the IAEA has trained more than 1,500 people to conduct more than 100 nuclear security field missions since September 11, 2001, as the Agency, in working to control nuclear weapons and materials, has faced new challenges brought by technological advances and a more open global economy;
Whereas pursuant to United Nations Security Council Resolution 1441, the IAEA oversaw weapons inspections in Iraq and conducted more than 750 inspections at 550 sites there from November 2002 to March 2003;
Whereas on March 7, 2003, Dr. ElBaradei stated that After three months of intrusive inspections, we have to date found no evidence or plausible indication of the revival of a nuclear weapons program in Iraq;
Whereas the assessments of IAEA inspections in Iraq have been proven accurate by subsequent United States-led investigations that revealed that Iraq did not have an ongoing or recent nuclear weapons program; and
Whereas the Nobel Committee calls Dr. ElBaradei an unafraid advocate of new measures to strengthen the nuclear nonproliferation regime, including efforts to hold nations to their commitments under the Treaty on the Non-Proliferation of Nuclear Weapons, promote multilateral solutions to nuclear proliferation, achieve a treaty preventing the manufacturing of fissile material for weapons purposes, and seek new methods for supplying nuclear material for peaceful uses: Now, therefore, be it

That the House of Representatives—
(1)congratulates Dr. Mohamed ElBaradei and the International Atomic Energy Agency for winning the 2005 Nobel Peace Prize;
(2)commends the International Atomic Energy Agency on its past accomplishments and commitment to its mission; and
(3)recognizes the importance of the International Atomic Energy Agency in promoting multilateral approaches to nuclear nonproliferation.


116 S263 IS: Full Fair and Complete Exchange Act
U.S. Senate
2019-01-29
text/xml
EN
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		II
		116th CONGRESS1st Session
		S. 263
		IN THE SENATE OF THE UNITED STATES

			January 29, 2019
			Mr. Heinrich (for himself, Ms. Harris, Mrs. Feinstein, and Mr. Udall) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

		A BILL
		To ensure the receipt of required compensation before physical possession by the Federal Government
			 of any land subject to the use of eminent domain for the construction of
			 United States border infrastructure and to provide for a consultation
			 process prior to acquiring land for border infrastructure.

 1.Short titleThis Act may be cited as the Full Fair and Complete Exchange Act or the FACE Act. 2.Receipt of compensation required for use of eminent domain for construction of border infrastructureNotwithstanding section 3114 of title 40, United States Code, or section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104–208) the Federal Government shall not take physical possession of any land acquired, or proposed to be acquired, pursuant to those sections for the construction of any infrastructure (including a pedestrian fence, vehicle barrier, levee, gate, wall, fence, road, or port of entry) at the international border between the United States and Mexico until the date on which the applicable court determines that—
 (1)in the case of private land— (A)all persons or entities entitled to compensation for the acquisition have received the entire full fair market value amount of compensation due on the date of acquisition of the private land; and
 (B)all relevant court proceedings described in section 3114(a) of title 40, United States Code, have been—
 (i)completed; and (ii)terminated by the court;
 (2)in the case of State land (including State land in the vicinity of a unit of the National Wildlife Refuge System, a unit of the National Park System, or Tribal land or in the vicinity of a historic district or a State park)—
 (A)the requirements of subparagraphs (A) and (B) of paragraph (1) have been met; and (B)all relevant stakeholders have been consulted on the acquisition, including—
 (i)any State agencies that manage the State land; (ii)any State agencies that administer the use of resources on the State land;
 (iii)any permittees, leaseholders, and other users of the State land; and (iv)any individuals, communities, and Tribes that could be impacted by the construction of the structure on the State land, as determined by the Secretary; and
 (3)in the case of Tribal land— (A)the requirements of subparagraphs (A) and (B) of paragraph (1) have been met; and
 (B)all relevant Tribal stakeholders have been consulted and have approved the acquisition. 3.Consultation required prior to acquisition of land for construction of border infrastructure (a)In generalBefore implementing any plan to acquire private land, State land, or Tribal land on which the Secretary of Homeland Security (referred to in this section as the Secretary) intends to build or construct a temporary or permanent structure related to efforts to secure or protect the border between the United States and Mexico, the Secretary shall conduct meaningful and significant consultation with—
 (1)any owners of the parcels of land proposed to be acquired; (2)any State agencies that manage the applicable land;
 (3)any other State agencies that administer the use of resources on the applicable land; (4)any permittees, leaseholders, and other users of the applicable land; and
 (5)any individuals, communities, or Tribes that could be impacted by the construction of the structure on the applicable land, as determined by the Secretary.
 (b)Public meetingsThe Secretary shall conduct 2 public meetings located within 100 miles of each parcel of private land, State land, or Tribal land subject to potential acquisition under subsection (a), subject to the requirements that—
 (1)the first public meeting shall be conducted at the beginning of the consultation process under subsection (a)—
 (A)to inform any landowner or entity, as described in subsection (a)(1), of the intent of the Secretary to acquire the land from the landowner; and
 (B)to receive comments and input regarding the proposed acquisition; and (2)the second public meeting shall be conducted at the end of the consultation process under subsection (a) to inform any landowner or entity, as described in subsection (a)(1), of—
 (A)the decision of the Secretary relating to the proposed acquisition; and (B)(i)any changes to the acquisition plan to address issues raised during the consultation process; or
 (ii)any reasons for not making changes to the acquisition plan to address issues raised during the consultation process.
 (c)Final plans; transparencyBefore beginning construction of a temporary or permanent structure described in subsection (a), the Secretary shall—
 (1)give significant weight to the opinions and information presented to the Secretary during the consultation process conducted under that subsection; and
 (2)publish in the Federal Register information describing— (A)ways in which the final plan of the Secretary for acquiring the land or constructing the structure was modified as a result of the consultation process conducted under that subsection; and
 (B)ways in which the final plan of the Secretary for acquiring the land or constructing the structure was not modified as a result of valid concerns raised to the proposed modifications during the consultation process conducted under that subsection.


		I
		111th CONGRESS
		1st Session
		H. R. 3836
		IN THE HOUSE OF REPRESENTATIVES

			October 15, 2009
			Mr. Israel introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To authorize the Secretary of Energy to provide credit
		  support to enhance the availability of private financing for clean energy
		  technology deployment.

		1.Indirect support
			(a)In
			 generalFor the purpose of enhancing the availability of private
			 financing for clean energy technology deployment, the Secretary of Energy
			 may—
				(1)provide credit
			 support to portfolios of taxable debt obligations originated by State, local,
			 and private sector entities that enable owners and users of buildings and
			 industrial facilities to—
					(A)significantly
			 increase the energy efficiency of such buildings or facilities; or
					(B)install systems
			 that individually generate electricity from renewable energy resources and have
			 a capacity of no more than 2 megawatts;
					(2)facilitate
			 financing transactions in tax equity markets and long-term purchasing of clean
			 energy by State, local, and nongovernmental not-for-profit entities, to the
			 degree and extent that the Secretary of Energy determines such financing
			 activity is appropriate and consistent with carrying out the purpose described
			 in subsection (b); and
				(3)provide credit
			 support to portfolios of taxable debt obligations originated by State, local,
			 and private sector entities that enable the deployment of energy storage
			 applications for electric drive vehicles, stationary applications, and
			 electricity transmission and distribution.
				(b)PurposeThe purpose of this program is to promote
			 access to affordable financing for accelerated and widespread deployment
			 of—
				(1)clean energy
			 technologies;
				(2)advanced or
			 enabling energy infrastructure technologies; and
				(3)energy efficiency
			 technologies in residential, commercial, and industrial applications, including
			 end-use efficiency in buildings.
				(c)DefinitionsFor
			 purposes of the section:
				(1)Clean energy
			 technologyThe term clean energy technology means a
			 technology related to the production, use, transmission, storage, control, or
			 conservation of energy—
					(A)that will
			 contribute to a stabilization of atmospheric greenhouse gas concentrations
			 thorough reduction, avoidance, or sequestration of energy-related emissions
			 and—
						(i)reduce the need
			 for additional energy supplies by using existing energy supplies with greater
			 efficiency or by transmitting, distributing, or transporting energy with
			 greater effectiveness through the infrastructure of the United States;
			 or
						(ii)diversify the
			 sources of energy supply of the United States to strengthen energy security and
			 to increase supplies with a favorable balance of environmental effects if the
			 entire technology system is considered; and
						(B)for which, as
			 determined by the Administrator, insufficient commercial lending is available
			 at affordable rates to allow for widespread deployment.
					(2)Credit
			 supportThe term credit support means—
					(A)direct loans,
			 letters of credit, loan guarantees, and insurance products; and
					(B)the purchase or
			 commitment to purchase, or the sale or commitment to sell, debt instruments
			 (including subordinated securities).
					(3)Direct
			 loanThe term direct loan has the meaning given the
			 term in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C.
			 661a).
				(4)Loan
			 guaranteeThe term loan guarantee has the meaning
			 given the term in section 502 of the Federal Credit Reform Act of 1990 (2
			 U.S.C. 661a).
				(5)Renewable energy
			 resourceThe term renewable energy resource means
			 each of the following:
					(A)Wind
			 energy.
					(B)Solar
			 energy.
					(C)Geothermal
			 energy.
					(D)Renewable
			 biomass.
					(E)Biogas derived
			 exclusively from renewable biomass.
					(F)Biofuels derived
			 exclusively from renewable biomass.
					(G)Hydropower.
					(H)Marine and
			 hydrokinetic renewable energy, as that term is defined in section 632 of the
			 Energy Independence and Security Act of 2007 (42 U.S.C. 17211).
					(d)TransparencyThe
			 Secretary of Energy shall seek to foster through its credit support
			 activities—
				(1)the development
			 and consistent application of standard contractual terms, transparent
			 underwriting standards and consistent measurement and verification protocols,
			 as applicable; and
				(2)the creation of
			 performance data that promotes effective underwriting and risk management to
			 support lending markets and stimulate the development of private investment
			 markets.
				(e)Exempt
			 securitiesAll securities insured or guaranteed by the Secretary
			 of Energy shall, to the same extent as securities that are direct obligations
			 of or obligations guaranteed as to the principal or interest by the United
			 States, be considered to be exempt securities within the meaning of the laws
			 administered by the Securities and Exchange Commission.


116 S4878 IS: Stopping Improper Payments to Foreigners Act
U.S. Senate
2020-10-26
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.

II116th CONGRESS2d SessionS. 4878IN THE SENATE OF THE UNITED STATESOctober 26 (legislative day, October 19), 2020Mr. Paul introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo recover economic impact payments made to holders of nonimmigrant visas, and for other purposes.1.Short titleThis Act may be cited as the Stopping Improper Payments to Foreigners Act.2.Modification of eligibility rules for economic impact payments(a)Prohibition on eligibility for certain holders of nonimmigrant visas(1)Modification(A)In generalSection 6428(d) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and, and by adding at the end the following new paragraph:(4)any resident alien individual holding a nonimmigrant visa during the taxable year (other than such an individual who was subsequently granted an immigrant visa before the last day of such taxable year)..(B)Special rule for advanced refundsSection 6428(f)(2) is amended by inserting (determined by substituting the date of the enactment of this section for the last day of such taxable year in subsection (d)(4)) after taxable year.(C)Conforming amendment related to members of the Armed ForcesSection 6428(g)(3) is amended by inserting and subsection (d)(4) after Paragraph (1)(B).(2)Enforcement(A)Information provided by Department of Homeland SecurityUpon the request of the Secretary, the Secretary of Homeland Security shall identify for the Secretary—(i)whether an individual was granted a nonimmigrant visa for any period identified in such request, and(ii)whether any individual described in clause (i) was subsequently granted an immigrant visa, and the date any such visa was granted.(B)Limitation on use of informationAny information provided to the Secretary under subparagraph (A) shall only be used by the Secretary to determine eligibility for the credit allowed under section 6428 of the Internal Revenue Code of 1986. (C)SecretaryFor purposes of this paragraph, the term Secretary means the Secretary of the Treasury (or the Secretary's delegate).(b)Recovery of economic impact payments(1)Review of previously paid advanced refund amountsThe Secretary of the Treasury (or the Secretary's delegate) shall—(A)review payments of advanced refund amounts allowed under section 6428(f) of the Internal Revenue Code of 1986, and(B)identify individuals described in section 6428(d)(4) to whom such payments were made.(2)Denial of issuance of visa(A)In generalSubchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:7346.Prohibition of visa issuance in case of failure to repay ineligible recovery rebate refunds(a)In generalIf the Secretary receives certification by the Commissioner of Internal Revenue that an individual has an unpaid ineligible recovery rebate refund, the Secretary shall transmit such certification to the Secretary of Homeland Security for action with respect to denial of a visa pursuant to section 210(a)(12)(F) of the Immigration and Nationality Act.(b)Unpaid ineligible recovery rebate refundFor purposes of this section, the term unpaid ineligible recovery rebate refund means any amount treated as payment by an individual against the tax imposed by chapter 1 by reason of section 6428(f) if—(1)such individual was a resident alien individual holding a nonimmigrant visa during the taxable year for which payment is treated as having been made (other than an individual subsequently granted an immigrant visa before the date of the enactment of such section or an individual described in section 6824(g)(3)), and(2)such individual has not repaid the amount of any credit or refund as a result of such treatment.(c)Reversal of certification(1)In generalIn the case of an individual with respect to whom the Commissioner makes a certification under subsection (a), the Commissioner shall notify the Secretary (and the Secretary shall subsequently notify the Secretary of Homeland Security) if such certification is found to be erroneous or if the unpaid ineligible recovery rebate with respect to such certification has been repaid.(2)Timing of noticeThe notification under paragraph (1) shall be made as soon as practicable.(d)Contemporaneous notice to individualThe Commissioner shall contemporaneously notify an individual of any certification under subsection (a), or any reversal of certification under subsection (c), with respect to such individual. Such notice shall include a description in simple and nontechnical terms of the right to bring a civil action under subsection (e). (e)Judicial Review of Certification(1)In generalAfter the Commissioner notifies an individual under subsection (d), the taxpayer may bring a civil action against the United States in a district court of the United States, or against the Commissioner in the Tax Court, to determine whether the certification was erroneous or whether the Commissioner has failed to reverse the certification. For purposes of the preceding sentence, the court first acquiring jurisdiction over such an action shall have sole jurisdiction.(2)DeterminationIf the court determines that such certification was erroneous, then the court may order the Secretary to notify the Secretary of Homeland Security that such certification was erroneous. (f)Delegation of CertificationA certification under subsection (a) or reversal of certification under subsection (c) may only be delegated by the Commissioner of Internal Revenue to the Deputy Commissioner for Services and Enforcement, or the Commissioner of an operating division, of the Internal Revenue Service..(B)Authority for information sharing(i)In generalSection 6103(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (15)Disclosure of return information to Department of Homeland Security for purposes of visa issuance prohibition under section 7346(A)In generalThe Secretary shall, upon receiving a certification described in section 7346, disclose to the Secretary of Homeland Security return information with respect to a taxpayer who has an unpaid ineligible recovery rebate refund described in such section. Such return information shall be limited to— (i)the taxpayer identity information with respect to such taxpayer, and (ii)the amount of such unpaid ineligible recovery rebate refund.(B)Restriction on disclosureReturn information disclosed under subparagraph (A) may be used by officers and employees of the Department of Homeland Security for the purposes of, and to the extent necessary in, carrying out the requirements of section 210(a)(12)(F) of the Immigration and Nationality Act. .(ii)Conforming amendmentParagraph (4) of section 6103(p) of such Code is amended by striking or (11) each place it appears in subparagraph (F)(ii) and in the matter preceding subparagraph (A) and inserting (11), or (15).(C)Grounds for ineligibilitySection 212(a)(10) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)) is amended by adding at the end the following:(F)Unpaid ineligible recovery rebate refundAny alien who has been certified by the Commissioner of Internal Revenue (or designee) as having an unpaid ineligible recovery rebate refund (as defined in section 7346 of the Internal Revenue Code of 1986) and has failed to reimburse the United States Treasury for such debt is inadmissible..(D)Clerical amendmentThe table of sections for subchapter D of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:Sec. 7346. Prohibition of visa issuance in case of failure to repay ineligible recovery rebate refunds..(c)Effective dates(1)In generalExcept as provided in paragraph (2), the provisions of, and amendments made by, this section shall take effect on the date of the enactment of this Act. (2)EligibilityThe amendments made by subsection (a)(1) shall take effect as if included in section 2201 of division B of the CARES Act.


113 HR 3850 IH: Older Americans Act Reauthorization of 2014
U.S. House of Representatives
2014-01-10
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.

I113th CONGRESS2d SessionH. R. 3850IN THE HOUSE OF REPRESENTATIVESJanuary 10, 2014Mr. Gibson (for himself, Mr. Reed, and Ms. McCollum) introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend the Older Americans Act of 1965 to authorize appropriations for fiscal years 2014 through 2018.1.Short titleThis Act may be cited as the Older Americans Act Reauthorization of 2014.2.Amendments(a)Authorization of appropriationsSection 216 of the Older Americans Act of 1965 (42 U.S.C. 3020f) is amended by striking 2007, 2008, 2009, 2010, and 2011 each place it appears and inserting 2014, 2015, 2016, 2017, and 2018.(b)Authorization of appropriations for Grants for state and community programs on agingThe Older Americans Act of 1965 (42 U.S.C. 3023)—(1)in section 303—(A)in subsections (a), (b), and (d) by striking 2007, 2008, 2009, 2010, and 2011 each place it appears and inserting 2014, 2015, 2016, 2017, and 2018, and(B)in subsection (e)—(i)by striking paragraph (1),(ii)in paragraph (2) by striking $166,500,000 and all that follows through 2011, and inserting $187,000,000 for each of the fiscal years 2014, 2015, 2016, 2017, and 2018, and(iii)by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively, and(2)in section 373(f)(1)(A) is amended by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018.(c)Authorization of appropriations for educational activitiesSection 411(b) of the Older Americans Act of 1965 (42 U.S.C. 3032(b)) is amended by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018.(d)Authorization of appropriations for community service employmentSection 517(a) of the Older Americans Act of 1965 (42 U.S.C. 3056o) is amended by striking 2007, 2008, 2009, 2010, and 2011 and inserting 2014, 2015, 2016, 2017, and 2018.(e)Authorization of appropriations for grants for Native AmericansSection 643 of the Older Americans Act of 1965 (42 U.S.C. 3057n) is amended—(1)in paragraph (1) by striking 2007 and inserting 2014, and(2)by amending paragraph (2) to read as follows:(2)for part C, $7,900,000 for each of the fiscal years 2015, 2016, 2017, and 2018..


114 S3204 IS: King Cove Road Land Exchange Act
U.S. Senate
2016-07-13
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.

		II
		114th CONGRESS2d Session
		S. 3204
		IN THE SENATE OF THE UNITED STATES

			July 13, 2016
			Ms. Murkowski (for herself and Mr. Sullivan) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

		A BILL
		 To provide for the exchange of Federal land and non-Federal land in the State of Alaska for the
			 construction of a road between King Cove and Cold Bay.

		1.Short title
 This Act may be cited as the King Cove Road Land Exchange Act.
 2.FindingCongress finds that the land exchange required under this Act (including the designation of the road corridor and the construction of the road along the road corridor) is in the public interest.
 3.DefinitionsIn this Act: (1)Federal land (A)In generalThe term Federal land means the approximately 206 acres of Federal land located within the Refuge as depicted on the map entitled Project Area Map and dated September 2012.
 (B)InclusionThe term Federal land includes the 131 acres of Federal land in the Wilderness, which shall be used for the road corridor along which the road is to be constructed in accordance with section 4(b)(2).
 (2)Non-federal landThe term non-Federal land means the approximately 43,093 acres of land owned by the State as depicted on the map entitled Project Area Map and dated September 2012. (3)RefugeThe term Refuge means the Izembek National Wildlife Refuge in the State.
 (4)Road corridorThe term road corridor means the road corridor designated under section 4(b)(1). (5)SecretaryThe term Secretary means the Secretary of the Interior.
 (6)StateThe term State means the State of Alaska. (7)WildernessThe term Wilderness means the Izembek Wilderness designated by section 702(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note; Public Law 96–487).
			4.Land exchange required
 (a)In generalIf the State offers to convey to the Secretary all right, title, and interest of the State in and to the non-Federal land, the Secretary shall convey to the State all right, title, and interest of the United States in and to the Federal land.
 (b)Use of federal landThe Federal land shall be conveyed to the State for the purposes of— (1)designating a road corridor through the Refuge; and
 (2)constructing a single-lane gravel road along the road corridor subject to the requirements in section 6.
				(c)Valuation, appraisals, and equalization
 (1)In generalThe value of the Federal land and the non-Federal land to be exchanged under this section— (A)shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or
 (B)if not equal, shall be equalized in accordance with paragraph (3). (2)Appraisals (A)In generalAs soon as practicable after the date of enactment of this Act, the Secretary and State shall select an appraiser to conduct appraisals of the Federal land and non-Federal land.
 (B)RequirementsThe appraisals required under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including—
 (i)the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii)the Uniform Standards of Professional Appraisal Practice.
						(3)Equalization
 (A)Surplus of federal landIf the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized—
 (i)by conveying additional non-Federal land in the State to the Secretary, subject to the approval of the Secretary;
 (ii)by the State making a cash payment to the United States; or (iii)by using a combination of the methods described in clauses (i) and (ii).
 (B)Surplus of non-federal landIf the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land to be conveyed under the land exchange under this section, the value of the Federal land and non-Federal land shall be equalized by the State adjusting the acreage of the non-Federal land to be conveyed.
 (C)Amount of paymentNotwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the Secretary may accept a payment under subparagraph (A)(ii) in excess of 25 percent of the value of the Federal land conveyed.
 (d)AdministrationOn completion of the exchange of Federal land and non-Federal land under this section— (1)the boundary of the Wilderness shall be modified to exclude the Federal land; and
 (2)the non-Federal land shall be— (A)added to the Wilderness; and
 (B)administered in accordance with— (i)the Wilderness Act (16 U.S.C. 1131 et seq.); and
 (ii)other applicable laws. (e)DeadlineThe land exchange under this section shall be completed not later than 180 days after the date of enactment of this Act.
 5.Route of road corridorThe route of the road corridor shall follow the southern road alignment as described in the alternative entitled Alternative 2-Land Exchange and Southern Road Alignment in the final environmental impact statement entitled Izembek National Wildlife Refuge Land Exchange/Road Corridor Final Environmental Impact Statement and dated February 5, 2013.
 6.Requirements relating to roadThe requirements relating to usage, barrier cables, and dimensions and the limitation on support facilities under subsections (a) and (b) of section 6403 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1180) shall apply to the road constructed in the road corridor.
 7.EffectThe exchange of Federal land and non-Federal land and the road to be constructed under this Act shall not constitute a major Federal action for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).


		One Hundred Twelfth Congress of the United States of
		  America
		2d SessionBegun and held at the City of Washington on Tuesday, the third
		day of January, two thousand and twelve
		S. 3564
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To extend the Public Interest
		  Declassification Act of 2000 until 2014 and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Public Interest Declassification Board
			 Reauthorization Act of 2012.
		2.Public Interest Declassification
			 Board
			(a)Subsequent appointmentSection 703(c)(2)(D) of the Public Interest
			 Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 435 note) is
			 amended by striking the period at the end and inserting from the date of
			 the appointment..
			(b)VacancySection 703(c)(3) of the Public Interest
			 Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 435 note) is
			 amended by striking A member of the Board appointed to fill a vacancy
			 before the expiration of a term shall serve for the remainder of the
			 term..
			(c)Extension of sunsetSection 710(b) of the Public Interest
			 Declassification Act of 2000 (Public Law 106–567; 50 U.S.C. 435 note) is
			 amended by striking 2012. inserting 2014..

			Speaker of the House of Representatives

			Vice President of the United States and President of the
			 Senate


115 HR 2862 IH: Wildfire Disaster Funding Act
U.S. House of Representatives
2017-06-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2862IN THE HOUSE OF REPRESENTATIVESJune 8, 2017Mr. Simpson (for himself, Mr. Schrader, Mrs. McMorris Rodgers, Mr. DeFazio, Mr. Calvert, Ms. McCollum, Mr. Walden, Ms. Bonamici, Mr. Amodei, Mr. Costa, Mr. Labrador, Ms. Kaptur, Mr. Newhouse, Mr. Kilmer, Mr. Tipton, Mr. Polis, Ms. Sinema, and Mr. Stivers) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committees on Agriculture, and Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo provide for wildfire suppression operations, and for other purposes.

 1.Short titleThis Act may be cited as the Wildfire Disaster Funding Act . 2.Wildfire disaster funding authority (a)Disaster fundingSection 251(b)(2)(D) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(D)) is amended—
 (1)in clause (i)— (A)in the matter preceding subclause (I), by striking the total of— and inserting an amount equal to the difference between—;
 (B)by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively, and indenting the items appropriately;
 (C)by inserting before item (aa) (as so redesignated) the following:  (I)the sum obtained by adding—;
 (D)in item (bb) of subclause (I) (as so redesignated)— (i)by striking subclause (I) and inserting item (aa); and
 (ii)by striking the period at the end and inserting ; and; and (E)by adding at the end the following:

 (II)the additional new budget authority provided in an appropriations Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year.; and
 (2)by adding at the end the following:  (v)Beginning in fiscal year 2018 and for each fiscal year thereafter, the calculation of the average funding provided for disaster relief over the previous 10 years shall include, for each fiscal year during that period, the additional new budget authority provided in an appropriations Act for wildfire suppression operations pursuant to subparagraph (E) for the preceding fiscal year..
 (b)Wildfire suppressionSection 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended by adding at the end the following:

					(E)Wildfire suppression
 (i)DefinitionsIn this subparagraph: (I)Additional new budget authorityThe term additional new budget authority means the amount provided for a fiscal year in an appropriations Act that is—
 (aa)in excess of the 10-year average of the costs for wildfire suppression operations, as calculated for fiscal year 2015; and
 (bb)specified to pay for the costs of wildfire suppression operations. (II)Wildfire suppression operationsThe term wildfire suppression operations means the emergency and unpredictable aspects of wildland firefighting including—
 (aa)support, response, and emergency stabilization activities; (bb)other emergency management activities; and
 (cc)the funds necessary to repay any transfers needed for the costs of wildfire suppression operations. (ii)Additional new budget authorityIf a bill or joint resolution making appropriations for a fiscal year is enacted that specifies an amount for wildfire suppression operations in the Wildland Fire Management accounts at the Department of Agriculture or the Department of the Interior, the adjustments for that fiscal year shall be the amount of additional new budget authority provided in that Act for wildfire suppression operations for that fiscal year, but shall not exceed—
 (I)for fiscal year 2017, $1,410,000,000 in additional new budget authority; (II)for fiscal year 2018, $1,460,000,000 in additional new budget authority;
 (III)for fiscal year 2019, $1,560,000,000 in additional new budget authority; (IV)for fiscal year 2020, $1,780,000,000 in additional new budget authority;
 (V)for fiscal year 2021, $2,030,000,000 in additional new budget authority; (VI)for fiscal year 2022, $2,320,000,000 in additional new budget authority;
 (VII)for fiscal year 2023, $2,650,000,000 in additional new budget authority; (VIII)for fiscal year 2024, $2,690,000,000 in additional new budget authority;
 (IX)for fiscal year 2025, $2,690,000,000 in additional new budget authority; and (X)for fiscal year 2026, $2,690,000,000 in additional new budget authority.
 (iii)Average cost and outyear calculationsThe 10-year average of the costs for wildfire suppression operations and the outyear forecasts of the costs for wildfire suppression operations shall be—
 (I)calculated annually; and (II)reported in the budget of the President submitted under section 1105(a) of title 31, United States Code, for each fiscal year..
 (c)Reporting requirementsIf the Secretary of the Interior or the Secretary of Agriculture determines that supplemental appropriations are necessary for a fiscal year for wildfire suppression operations (as defined in subparagraph (E)(i) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2))), the Secretary of the Interior or the Secretary of Agriculture, as applicable, shall—
 (1)promptly submit to Congress a request for the supplemental appropriations; and (2)not later than 30 days after the date on which the supplemental appropriations are made available, submit to Congress a plan describing the manner in which the Secretary of the Interior or the Secretary of Agriculture, as applicable, intends to obligate the supplemental appropriations.


		II
		111th CONGRESS
		2d Session
		S. 3483
		IN THE SENATE OF THE UNITED STATES

			June 14, 2010
			Ms. Snowe (for herself
			 and Ms. Klobuchar) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To amend section 139 of title 49, United States Code, to
		  increase the effectiveness of Federal oversight of motor carriers, and for
		  other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Motor Carrier Protection Act of
			 2010.
		2.Registration
			 requirements
			(a)In
			 general
				(1)Annual
			 registration feeEach freight forwarder or freight broker that
			 registers under chapter 139 of title 49, United States Code, shall—
					(A)pay an annual
			 registration renewal fee in an amount to be determined by the Secretary;
					(B)provide updated
			 information for each registration; and
					(C)submit proof that
			 the registrant is in compliance with the applicable surety and insurance
			 requirements under such chapter 139.
					(2)Use of
			 feesAll new fees collected by the Secretary as a result of the
			 new licensing requirements under this Act and the amendments made by this Act
			 shall be used to administer and enforce the registration and related
			 requirements under chapter 139 of title 49, United States Code.
				(3)Consequence of
			 noncomplianceNot later than 30 days after the date on which a
			 broker, freight forwarder, or motor carrier fails to comply with this
			 subsection, such entity shall be listed as inactive on all relevant Department
			 of Transportation Internet websites.
				(b)AmendmentsSection 13901 of title 49, United States
			 Code, is amended—
				(1)by striking A person and
			 inserting the following:

						(a)In
				generalA person
						;
				and
				(2)by adding at the
			 end the following:

						(b)Registration
				numbers
							(1)In
				generalIf the Administrator of the Federal Motor Carrier
				Administration registers a person under this chapter for 1 or more activities
				or services, including motor carrier, freight forwarder, or broker activities
				or services, the Administrator shall issue a distinctive registration number to
				the person for each such activity or service for which the person is
				registered.
							(2)Activity or
				service type indicatorEach number issued under paragraph (1)
				shall include an indicator of the type of activity or service for which the
				registration number is issued, including whether the registration number is
				issued for registration of a motor carrier, freight forwarder, or broker
				activity or service.
							(c)AuthorityFor
				each shipment for which a registered person seeks compensation, the registered
				person shall specify, in writing, the operating authority under which it is
				providing the services
				required.
						.
				3.Registration of
			 motor carriersSection 13902
			 of title 49, United States Code, is amended—
			(1)in subsection (a)—
				(A)in paragraph (1), by inserting using
			 vehicles the motor carrier owns or leases after motor
			 carrier; and
				(B)by adding at the
			 end the following:

						(6)Separate
				registration requiredA motor carrier may not broker
				transportation services unless the motor carrier has registered as a broker
				under this chapter.
						;
				and
				(2)in subsection
			 (f), by adding at the end the following:

					(4)Insurance
				requirementsA motor carrier registered under this section shall
				maintain insurance for property damage required under section 13906(a)(4) for
				all shipments transported under its operating
				authority.
					.
			4.Registration and
			 security of freight forwarders and brokers
			(a)In
			 general
				(1)AmendmentChapter 139 of title 49, United States
			 Code, is amended by striking sections 13903 and 13904 and inserting the
			 following:

						13903.Registration
				of freight forwarders and brokers
							(a)In
				generalA person may not act as a freight forwarder by providing
				service subject to the jurisdiction under subchapter III of chapter 135 or as a
				broker unless the person holds a freight forwarder’s permit or a broker’s
				license, as the case may be, issued by the Federal Motor Carrier Safety
				Administration.
							(b)Issuance of
				permit or license
								(1)Eligibility
				requirementsThe Administrator of the Federal Motor Carrier
				Safety Administration shall issue a freight forwarder’s permit or broker’s
				license to any person that the Administration determines—
									(A)to be qualified
				by experience and character to act as a freight forwarder or broker,
				respectively; and
									(B)to be fit,
				willing, and able to provide the service and to comply with this part and
				applicable regulations of the Secretary.
									(2)DurationThe
				permit or license issued under paragraph (1) shall remain in effect only as
				long as the freight forwarder or broker is in compliance with section
				13904.
								(c)Registration as
				motor carrier required
								(1)Freight
				forwardersA freight forwarder may not provide transportation as
				a motor carrier unless the freight forwarder—
									(A)has registered
				separately to provide transportation as a motor carrier; and
									(B)has met all the
				requirements under this chapter applicable to motor carriers.
									(2)BrokersA
				broker may not provide transportation as a motor carrier unless the
				broker—
									(A)has registered
				separately to provide transportation as a motor carrier; and
									(B)has met all of
				the requirements under this chapter applicable to motor carriers.
									(d)Registration as
				freight forwarder or broker requiredA motor carrier registered
				under this chapter—
								(1)may only provide
				transportation of property with motor vehicles owned or leased by the motor
				carrier; and
								(2)may not arrange
				such transportation unless the motor carrier has obtained a separate freight
				forwarder’s permit or broker’s license under this section.
								13904.Security of
				freight forwarders and brokers
							(a)Requirements
								(1)In
				generalA person may not act as a freight forwarder or broker
				unless the person furnishes a bond, proof of trust fund, or other surety, or
				combination of such sureties, in a form and amount, and from a provider,
				determined by the Administrator of the Federal Motor Carrier Safety
				Administration to be adequate to insure financial responsibility.
								(2)StandardsThe
				Administrator may authorize the use of a group bond, trust fund, or other
				surety, or combination of such securities that meet the cash and legal
				requirements under section 13904(d). The Administrator may not accept proof of
				security from any person whose surety or surety provider does not meet the
				standards established by the Administrator, by regulation. Bonds issued under
				this section may only be offered by a bonding company that has been approved by
				the Secretary of the Treasury.
								(b)Scope of
				financial responsibilityA bond, trust fund, or other surety
				obtained under this section shall be available to pay any claim against a
				freight forwarder or broker arising from its failure to pay freight charges in
				its contracts, agreements, or arrangements for transportation subject to
				regulation under this chapter—
								(1)with the consent
				of the insured freight forwarder or broker, subject to review by the surety
				company;
								(2)if the claim is
				deemed valid by the surety company after the freight forwarder or broker has
				failed to respond to adequate notice to address the validity of the claim;
				or
								(3)if the claimant
				made a reasonable attempt to resolve the claim under paragraphs (1) and (2),
				but the claim was not resolved within a reasonable period of time.
								(c)Freight
				forwarder insurance
								(1)In
				generalThe Administrator of the Federal Motor Carrier Safety
				Administration may not register a person as a freight forwarder under section
				13903 unless the person files with the Administrator a bond, insurance policy,
				or other type of security, in accordance with the standards established by the
				Administrator under this section.
								(2)Liability
				insuranceA security filed under paragraph (1) shall be
				sufficient to pay an amount, not to exceed the amount of the security, for each
				final judgment against the freight forwarder for bodily injury to, or death of,
				an individual, or loss of, or damage to, property (other than property referred
				to in paragraph (3)), resulting from the negligent operation, maintenance, or
				use of motor vehicles by, or under the direction and control of, the freight
				forwarder when providing transfer, collection, or delivery service under this
				part.
								(3)Cargo
				insuranceThe Administrator may require a registered freight
				forwarder to file with the Administrator a bond, insurance policy, or other
				type of security approved by the Secretary, that will pay an amount, not to
				exceed the amount of the security, for loss of, or damage to, property for
				which the freight forwarder provides service.
								(d)Additional
				requirements
								(1)Reissuance of
				licenses and permitsNot later than 4 years after the date of the
				enactment of the Motor Carrier Protection Act
				of 2010, freight forwarders and brokers shall acquire new
				licenses and permits from the Federal Motor Carrier Safety Administration that
				are subject to the terms and conditions under this subsection. Such licenses
				and permits shall expire 5 years after the date of issuance and may be renewed
				as provided under this chapter.
								(2)Experience or
				training requirementEach freight forwarder and broker shall
				employ, as an officer, an individual who—
									(A)has at least 3
				years of relevant experience; or
									(B)provides the
				Administrator with satisfactory evidence of certified training.
									(3)OnlineThe
				Administrator shall make information on permits, licenses, and financial
				security publicly available online, including—
									(A)the names and
				addresses of the principals of each entity holding a permit or license;
				and
									(B)the electronic
				address of its surety for the submission of claims.
									(4)Minimum
				financial securityEach freight forwarder and broker shall
				provide financial security of at least $100,000, regardless of the number of
				branch offices or sales agents of such entities.
								(5)Specific
				performance standardsThe Administrator shall set specific
				performance standards for bonds or other acceptable surety, including
				requirements that—
									(A)at least $10,000
				be deposited with the surety in cash;
									(B)the balance of
				the surety amount consists of assets readily available to pay valid claims
				without resort to personal guarantees or collection of pledged accounts
				receivable; and
									(C)the surety is
				ultimately financially responsible for any failure to make the required
				payments.
									(6)Notice to
				cancelIf a surety required under this subsection is
				canceled—
									(A)the holder of the
				surety shall provide electronic notification to the Administrator of such
				cancellation not later than 30 days before the effective date of such
				cancellation; and
									(B)the Administrator
				shall immediately post such notification on its public website.
									(7)SuspensionThe
				Administrator shall immediately suspend the registration of a freight forwarder
				or broker if its available security falls below the amount required under this
				subsection.
								(8)Payment of
				claimsIf a registered freight forwarder or broker experiences
				financial failure or insolvency, the freight forwarder’s or broker’s surety
				shall—
									(A)submit a notice
				to cancel the surety to the Administrator in accordance with paragraph
				(6);
									(B)publicly
				advertise for claims for 60 days beginning on the date of publication by the
				Administrator of the notice to cancel the surety; and
									(C)pay, not later
				than 30 days after the expiration of the 60-day period for submission of
				claims—
										(i)all uncontested
				claims received during such period; or
										(ii)a pro rata share
				of such claims if the total amount of such claims exceeds the financial
				security available.
										(9)List of claims
				paidEach surety under this subsection shall—
									(A)publish, on the
				surety’s website, a list of the claims paid by the surety immediately upon
				payment; and
									(B)immediately
				submit a copy of such list to the Administrator.
									(10)Penalties
									(A)In
				generalAny surety that fails to comply with the requirements
				under this subsection—
										(i)shall be liable
				to the United States Government for a civil penalty in an amount not to exceed
				$10,000; and
										(ii)shall be
				ineligible to offer broker and forwarder security under this chapter.
										(B)Wilful
				violationsAny surety that knowingly and willfully violates the
				posting and notification requirements under this subsection shall be held
				financially liable for all valid claims submitted against the broker or
				forwarder involved, regardless of the amount of the security.
									(11)Deduction of
				costs prohibitedThe amount of the financial security required
				under this subsection may not be reduced by deducting attorney’s fees or
				administrative costs.
								(12)AuditClaim
				payments by sureties shall be annually audited by a public accounting firm. The
				results of such audits shall be made publicly available on the surety’s
				website.
								.
				(2)RulemakingNot later than 270 days after the date of
			 the enactment of this Act, the Administrator of the Federal Motor Carrier
			 Safety Administration shall issue regulations to enforce the requirements under
			 section 13904(d) of title 49, United States Code, as added by paragraph
			 (1).
				(3)Effective
			 dateSection 13904(d) of
			 title 49, United States Code, as added by paragraph (1), shall take effect on
			 the date that is 270 days after the date of the enactment of this Act.
				(b)Clerical
			 amendmentsThe table of sections for chapter 139 of title 49,
			 United States Code, is amended—
				(1)by striking the
			 item relating to section 13903 and inserting the following:

							Sec. 13903. Registration of freight forwarders and
				brokers.

						;

					and(2)by striking the
			 item relating to section 13904 and inserting the following:

							Sec. 13904. Security of freight forwarders and
				brokers.

						.
				5.Review
			(a)Review by
			 Inspector GeneralNot later than 15 months after the date of the
			 enactment of this subsection, the Inspector General of the Department of
			 Transportation shall—
				(1)review the
			 regulations and enforcement practices of the Federal Motor Carrier Safety
			 Administration under section 13904(d) of title 49, United States Code, as added
			 by section 4(a); and
				(2)make any
			 recommendations to the Secretary of Transportation that may be necessary to
			 improve the enforcement of such regulations.
				(b)Security and
			 insurance amount assessmentEvery 5 years, the Administrator of
			 the Federal Motor Carrier Safety Administration shall review, with public
			 notice and comment, the amount of the security and insurance required under
			 section 13904 of title 49, United States Code, to determine whether such
			 amounts are sufficient to provide adequate financial security.
			6.Unlawful
			 brokerage activities
			(a)In
			 generalChapter 149 of title 49, United States Code, is amended
			 by adding at the end the following:

					14916.Unlawful
				brokerage activities
						(a)Prohibited
				activitiesAny person that acts as a broker, other than a
				non-vessel-operating common carrier (as defined in section 40102(16) of title
				46), or an ocean freight forwarder providing brokerage as part of an
				international through movement involving ocean transportation between the
				United States and a foreign port, is prohibited from providing interstate
				brokerage services as a broker unless that person—
							(1)is registered
				under, and in compliance with, section 13903; and
							(2)has satisfied the
				financial security requirements under section 13904.
							(b)Civil penalties
				and private cause of actionAny person who knowingly authorizes,
				consents to, or permits, directly or indirectly, either alone or in conjunction
				with any other person, a violation of subsection (a) is liable—
							(1)to the United
				States Government for a civil penalty in an amount not to exceed $10,000 for
				each violation; and
							(2)to the injured
				party for all valid claims incurred without regard to amount.
							(c)Liable
				partiesThe liability for civil penalties and for claims under
				this section for unauthorized brokering shall apply, jointly and
				severally—
							(1)to any corporate
				entity or partnership involved; and
							(2)to the individual
				officers, directors, and principals of such
				entities.
							.
			(b)Clerical
			 amendmentThe table of sections for chapter 149 of title 49,
			 United States Code, is amended by adding at the end the following:

						Sec. 14916. Unlawful brokerage
				activities.

					.


109 HR 1573 IH: To amend title 38, United States Code, to provide that the increase of $250 per month in the rate of monthly dependency and indemnity compensation (DIC) payable to a surviving spouse of a member of the Armed Forces who dies on active duty or as a result of a service-connected disability shall be paid for so long as there are minor children, rather than only for two years.
U.S. House of Representatives
2005-04-12
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
109th CONGRESS
1st Session
H. R. 1573
IN THE HOUSE OF REPRESENTATIVES

April 12, 2005
Mr. Michaud (for himself, Mr. Evans, Ms. Berkley, Mr. Ryan of Ohio, Mr. Strickland, and Mr. Udall of New Mexico) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL
To amend title 38, United States Code, to provide that the increase of $250 per month in the rate of monthly dependency and indemnity compensation (DIC) payable to a surviving spouse of a member of the Armed Forces who dies on active duty or as a result of a service-connected disability shall be paid for so long as there are minor children, rather than only for two years.

1.Increase in monthly dependency and indemnity compensation payable to a surviving spouse for so long as there are minor children
(a)Increase in DICSubsection (b) of section 1311 of title 38, United States Code, is amended by inserting $250, plus after shall be increased by.
(b)Conforming repeal of two-year limitationSubsection (e) of such section is repealed.
(c)Effective dateThe amendment made by subsection (a) shall take effect with respect to payments of dependency and indemnity compensation under section 1311 of title 38, United States Code, for the first month beginning on or after the date of the enactment of this Act.
2.Cost-of-living adjustment for rate of increased amount of dependency and indemnity compensation for minor children
(a)Rate adjustmentThe Secretary of Veterans Affairs shall, effective on December 1, 2005, increase the dollar amount for the payment of additional dependency and indemnity compensation for surviving spouses with minor children that is added by the amendment made by section 1(a).
(b)Determination of increase
(1)Percentage of increaseExcept as provided in paragraph (2), the amount specified in subsection (a) shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2005, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)).
(2)RoundingEach dollar amount increased pursuant to paragraph (1) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount.


116 HR 7760 IH: To make a supplemental appropriation for the COVID–19 Telehealth Program of the Federal Communications Commission for the fiscal year ending September 30, 2020.
U.S. House of Representatives
2020-07-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 7760IN THE HOUSE OF REPRESENTATIVESJuly 23, 2020Ms. Spanberger (for herself, Mr. Johnson of South Dakota, Mrs. Napolitano, Mr. Fitzpatrick, Mr. Raskin, Mr. Welch, and Mr. Cox of California) introduced the following bill; which was referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo make a supplemental appropriation for the COVID–19 Telehealth Program of the Federal Communications Commission for the fiscal year ending September 30, 2020.1.Supplemental appropriation for COVID–19 Telehealth Program(a)AppropriationThere is appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, for an additional amount for Federal Communications Commission—Salaries and Expenses, $200,000,000, to remain available until expended, to carry out the COVID–19 Telehealth Program established in the Report and Order in the matter of COVID–19 Telehealth Program that was adopted by the Federal Communications Commission on March 31, 2020 (FCC 20–44).(b)Emergency designationThe amount appropriated by subsection (a) is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress.


		II
		112th CONGRESS
		2d Session
		S. 2796
		IN THE SENATE OF THE UNITED STATES

			May 7, 2012
			Mr. Blumenthal
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on hydrazine hydrate,
		  aqueous solution.

		1.Hydrazine hydrate, aqueous
			 solution
			(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:

								9902.01.00Hydrazine hydrate, aqueous solution (all grades) (CAS No.
						7803–57–8) (provided for in subheading 2825.10.00) 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.