113 S22 IS: Gun Show Background Check Act of 2013
U.S. Senate
2013-01-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 22
		IN THE SENATE OF THE UNITED STATES

			January 22
			 (legislative day, January 3), 2013
			Mr. Lautenberg (for
			 himself, Mr. Reed,
			 Mr. Schumer, Mr. Carper, Mrs.
			 Feinstein, Mrs. Boxer,
			 Mr. Menendez, Mr. Coons, Mr.
			 Whitehouse, Mr. Levin,
			 Mr. Cardin, Mr.
			 Blumenthal, Mrs. Gillibrand,
			 and Mr. Wyden) introduced the following
			 bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To establish background check procedures for gun
		  shows.

		1.Short
			 titleThis Act may be cited as
			 the Gun Show Background Check Act of
			 2013.
		2.Gun show
			 background check
			(a)FindingsCongress finds that—
				(1)approximately
			 5,200 traditional gun shows are held annually across the United States,
			 attracting thousands of attendees per show and hundreds of Federal firearms
			 licensees and nonlicensed firearms sellers;
				(2)traditional gun
			 shows, as well as flea markets and other organized events, at which a large
			 number of firearms are offered for sale by Federal firearms licensees and
			 nonlicensed firearms sellers, form a significant part of the national firearms
			 market;
				(3)firearms and
			 ammunition that are exhibited or offered for sale or exchange at gun shows,
			 flea markets, and other organized events move easily in and substantially
			 affect interstate commerce;
				(4)in fact, even
			 before a firearm is exhibited or offered for sale or exchange at a gun show,
			 flea market, or other organized event, the gun, its component parts,
			 ammunition, and the raw materials from which it is manufactured have moved in
			 interstate commerce;
				(5)gun shows, flea
			 markets, and other organized events at which firearms are exhibited or offered
			 for sale or exchange provide a convenient and centralized commercial location
			 at which firearms may be bought and sold anonymously, often without background
			 checks and without records that enable gun tracing;
				(6)at gun shows,
			 flea markets, and other organized events at which guns are exhibited or offered
			 for sale or exchange, criminals and other prohibited persons obtain guns
			 without background checks and frequently use guns that cannot be traced to
			 later commit crimes;
				(7)since the
			 enactment of the Brady Handgun Violence Prevention Act (Public Law 103–159; 107
			 Stat. 1536) in 1993, over 100,000,000 background checks have been performed by
			 Federal firearms licensees, denying guns to more than 1,600,000 illegal
			 buyers;
				(8)many persons who
			 buy and sell firearms at gun shows, flea markets, and other organized events
			 cross State lines to attend these events and engage in the interstate
			 transportation of firearms obtained at these events;
				(9)gun violence is a
			 pervasive, national problem that is exacerbated by the availability of guns at
			 gun shows, flea markets, and other organized events;
				(10)firearms
			 associated with gun shows have been transferred illegally to residents of
			 another State by Federal firearms licensees and nonlicensed firearms sellers,
			 and have been involved in subsequent crimes including drug offenses, crimes of
			 violence, property crimes, and illegal possession of firearms by felons and
			 other prohibited persons; and
				(11)Congress has the
			 power, under the interstate commerce clause and other provisions of the
			 Constitution of the United States, to ensure, by enactment of this Act, that
			 criminals and other prohibited persons do not obtain firearms at gun shows,
			 flea markets, and other organized events.
				(b)DefinitionsSection
			 921(a) of title 18, United States Code, is amended by adding at the end the
			 following:

					(36)Gun
				showThe term gun show means any event—
						(A)at which 50 or
				more firearms are offered or exhibited for sale, transfer, or exchange, if 1 or
				more of the firearms has been shipped or transported in, or otherwise affects,
				interstate or foreign commerce; and
						(B)at which—
							(i)not fewer than 20
				percent of the exhibitors are firearm exhibitors;
							(ii)there are not
				fewer than 10 firearm exhibitors; or
							(iii)50 or more
				firearms are offered for sale, transfer, or exchange.
							(37)Gun show
				promoterThe term gun show promoter means any person
				who organizes, plans, promotes, or operates a gun show.
					(38)Gun show
				vendorThe term gun show vendor means any person who
				exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at
				a gun show, regardless of whether or not the person arranges with the gun show
				promoter for a fixed location from which to exhibit, sell, offer for sale,
				transfer, or exchange 1 or more
				firearms.
					.
			(c)Regulation of
			 firearms transfers at gun shows
				(1)In
			 generalChapter 44 of title 18, United States Code, is amended by
			 adding at the end the following:

						932.Regulation of
				firearms transfers at gun shows.
							(a)Registration of
				gun show promotersIt shall be unlawful for any person to
				organize, plan, promote, or operate a gun show unless that person—
								(1)registers with
				the Attorney General in accordance with regulations promulgated by the Attorney
				General; and
								(2)pays a
				registration fee, in an amount determined by the Attorney General.
								(b)Responsibilities
				of gun show promotersIt shall be unlawful for any person to
				organize, plan, promote, or operate a gun show unless that person—
								(1)before
				commencement of the gun show, verifies the identity of each gun show vendor
				participating in the gun show by examining a valid identification document (as
				defined in section 1028(d)(3) of this title) of the vendor containing a
				photograph of the vendor;
								(2)before
				commencement of the gun show, requires each gun show vendor to sign—
									(A)a ledger with
				identifying information concerning the vendor; and
									(B)a notice advising
				the vendor of the obligations of the vendor under this chapter;
									(3)notifies each
				person who attends the gun show of the requirements of this chapter, in
				accordance with the regulations as the Attorney General shall prescribe;
				and
								(4)maintains a copy
				of the records described in paragraphs (1) and (2) at the permanent place of
				business of the gun show promoter for the period of time and in the form as the
				Attorney General shall require by regulation.
								(c)Responsibilities
				of transferors other than licensees
								(1)In
				generalIf any part of a firearm transaction takes place at a gun
				show, it shall be unlawful for any person who is not licensed under this
				chapter to transfer a firearm to another person who is not licensed under this
				chapter, unless the firearm is transferred through a licensed importer,
				licensed manufacturer, or licensed dealer in accordance with subsection
				(e).
								(2)Criminal
				background checksA person who is subject to the requirement of
				paragraph (1)—
									(A)shall not
				transfer the firearm to the transferee until the licensed importer, licensed
				manufacturer, or licensed dealer through which the transfer is made under
				subsection (e) makes the notification described in subsection (e)(3)(A);
				and
									(B)notwithstanding
				subparagraph (A), shall not transfer the firearm to the transferee if the
				licensed importer, licensed manufacturer, or licensed dealer through which the
				transfer is made under subsection (e) makes the notification described in
				subsection (e)(3)(B).
									(3)Absence of
				recordkeeping requirementsNothing in this section shall permit
				or authorize the Attorney General to impose recordkeeping requirements on any
				nonlicensed vendor.
								(d)Responsibilities
				of transferees other than licensees
								(1)In
				generalIf any part of a firearm transaction takes place at a gun
				show, it shall be unlawful for any person who is not licensed under this
				chapter to receive a firearm from another person who is not licensed under this
				chapter, unless the firearm is transferred through a licensed importer,
				licensed manufacturer, or licensed dealer in accordance with subsection
				(e).
								(2)Criminal
				background checksA person who is subject to the requirement of
				paragraph (1)—
									(A)shall not receive
				the firearm from the transferor until the licensed importer, licensed
				manufacturer, or licensed dealer through which the transfer is made under
				subsection (e) makes the notification described in subsection (e)(3)(A);
				and
									(B)notwithstanding
				subparagraph (A), shall not receive the firearm from the transferor if the
				licensed importer, licensed manufacturer, or licensed dealer through which the
				transfer is made under subsection (e) makes the notification described in
				subsection (e)(3)(B).
									(e)Responsibilities
				of licenseesA licensed importer, licensed manufacturer, or
				licensed dealer who agrees to assist a person who is not licensed under this
				chapter in carrying out the responsibilities of that person under subsection
				(c) or (d) with respect to the transfer of a firearm shall—
								(1)enter such
				information about the firearm as the Attorney General may require by regulation
				into a separate bound record;
								(2)record the
				transfer on a form specified by the Attorney General;
								(3)comply with
				section 922(t) as if transferring the firearm from the inventory of the
				licensed importer, licensed manufacturer, or licensed dealer to the designated
				transferee (although a licensed importer, licensed manufacturer, or licensed
				dealer complying with this subsection shall not be required to comply again
				with the requirements of section 922(t) in delivering the firearm to the
				nonlicensed transferor), and notify the nonlicensed transferor and the
				nonlicensed transferee—
									(A)of such
				compliance; and
									(B)if the transfer
				is subject to the requirements of section 922(t)(1), of any receipt by the
				licensed importer, licensed manufacturer, or licensed dealer of a notification
				from the national instant criminal background check system that the transfer
				would violate section 922 or would violate State law;
									(4)not later than 10
				days after the date on which the transfer occurs, submit to the Attorney
				General a report of the transfer, which report—
									(A)shall be on a
				form specified by the Attorney General; and
									(B)shall not include
				the name of or other identifying information relating to any person involved in
				the transfer who is not licensed under this chapter;
									(5)if the licensed
				importer, licensed manufacturer, or licensed dealer assists a person other than
				a licensee in transferring, at 1 time or during any 5 consecutive business
				days, 2 or more pistols or revolvers, or any combination of pistols and
				revolvers totaling 2 or more, to the same nonlicensed person, in addition to
				the reports required under paragraph (4), prepare a report of the multiple
				transfers, which report shall be—
									(A)prepared on a
				form specified by the Attorney General; and
									(B)not later than
				the close of business on the date on which the transfer occurs, forwarded
				to—
										(i)the office
				specified on the form described in subparagraph (A); and
										(ii)the appropriate
				State law enforcement agency of the jurisdiction in which the transfer occurs;
				and
										(6)retain a record
				of the transfer as part of the permanent business records of the licensed
				importer, licensed manufacturer, or licensed dealer.
								(f)Records of
				licensee transfersIf any part of a firearm transaction takes
				place at a gun show, each licensed importer, licensed manufacturer, and
				licensed dealer who transfers 1 or more firearms to a person who is not
				licensed under this chapter shall, not later than 10 days after the date on
				which the transfer occurs, submit to the Attorney General a report of the
				transfer, which report—
								(1)shall be in a
				form specified by the Attorney General by regulation;
								(2)shall not include
				the name of or other identifying information relating to the transferee;
				and
								(3)shall not
				duplicate information provided in any report required under subsection
				(e)(4).
								(g)Firearm
				transaction definedIn this section, the term firearm
				transaction—
								(1)includes the
				offer for sale, sale, transfer, or exchange of a firearm; and
								(2)does not include
				the mere exhibition of a
				firearm.
								.
				(2)PenaltiesSection
			 924(a) of title 18, United States Code, is amended by adding at the end the
			 following:

						(8)(A)Whoever knowingly
				violates section 932(a) shall be fined under this title, imprisoned not more
				than 5 years, or both.
							(B)Whoever knowingly violates subsection
				(b) or (c) of section 932 shall be—
								(i)fined under this title, imprisoned
				not more than 2 years, or both; and
								(ii)in the case of a second or
				subsequent conviction, fined under this title, imprisoned not more than 5
				years, or both.
								(C)Whoever willfully violates section
				932(d) shall be—
								(i)fined under this title, imprisoned
				not more than 2 years, or both; and
								(ii)in the case of a second or
				subsequent conviction, fined under this title, imprisoned not more than 5
				years, or both.
								(D)Whoever knowingly violates subsection
				(e) or (f) of section 932 shall be fined under this title, imprisoned not more
				than 5 years, or both.
							(E)In addition to any other penalties
				imposed under this paragraph, the Attorney General may, with respect to any
				person who knowingly violates any provision of section 932—
								(i)if the person is registered
				pursuant to section 932(a), after notice and opportunity for a hearing, suspend
				for not more than 6 months or revoke the registration of that person under
				section 932(a); and
								(ii)impose a civil fine in an amount
				equal to not more than
				$10,000.
								.
				(3)Technical and
			 conforming amendmentsChapter 44 of title 18, United States Code,
			 is amended—
					(A)in the table of
			 sections, by adding at the end the following:

								932. Regulation of firearms transfers at gun
				shows.

							;
						and(B)in the first
			 sentence of section 923(j), by striking a gun show or event and
			 inserting an event.
					(d)Inspection
			 authoritySection 923(g)(1) is amended by adding at the end the
			 following:

					(E)Notwithstanding
				subparagraph (B), the Attorney General may enter during business hours the
				place of business of any gun show promoter and any place where a gun show is
				held for the purposes of examining the records required by sections 923 and 932
				and the inventory of licensees conducting business at the gun show. Such entry
				and examination shall be conducted for the purpose of determining compliance
				with this chapter by gun show promoters and licensees conducting business at
				the gun show and shall not require a showing of reasonable cause or a
				warrant.
					.
			(e)Increased
			 penalties for serious recordkeeping violations by
			 licenseesSection 924(a)(3) of title 18, United States Code, is
			 amended to read as follows:

					(3)(A)Except as provided in
				subparagraph (B), any licensed dealer, licensed importer, licensed
				manufacturer, or licensed collector who knowingly makes any false statement or
				representation with respect to the information required by this chapter to be
				kept in the records of a person licensed under this chapter, or violates
				section 922(m) shall be fined under this title, imprisoned not more than 1
				year, or both.
						(B)If the violation described in
				subparagraph (A) is in relation to an offense—
							(i)under paragraph (1) or (3) of
				section 922(b), such person shall be fined under this title, imprisoned not
				more than 5 years, or both; or
							(ii)under subsection (a)(6) or (d) of
				section 922, such person shall be fined under this title, imprisoned not more
				than 10 years, or
				both.
							.
			(f)Increased
			 penalties for violations of criminal background check requirements
				(1)PenaltiesSection
			 924(a) of title 18, United States Code, is amended—
					(A)in paragraph (5),
			 by striking subsection (s) or (t) of section 922 and inserting
			 section 922(s); and
					(B)by adding at the
			 end the following:

							(9)Whoever knowingly
				violates section 922(t) shall be fined under this title, imprisoned not more
				than 5 years, or
				both.
							.
					(2)Elimination of
			 certain elements of offenseSection 922(t)(5) of title 18, United
			 States Code, is amended by striking and, at the time and all
			 that follows through State law.
				(g)Effective
			 dateThis Act and the amendments made by this section shall take
			 effect 180 days after the date of enactment of this Act.


		II
		Calendar No. 640
		110th CONGRESS
		2d Session
		S. 1143
		[Report No. 110–288]
		IN THE SENATE OF THE UNITED
		  STATES

			April 18, 2007
			Mr. Nelson of Florida
			 (for himself and Mr. Martinez) introduced
			 the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			April 10, 2008
			Reported by Mr.
			 Bingaman, with an amendment and an amendment to the
			 title
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To designate the Jupiter Inlet Lighthouse
		  and the surrounding Federal land in the State of Florida as an Outstanding
		  Natural Area and as a unit of the National Landscape System, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Jupiter Inlet Lighthouse Outstanding
			 Natural Area Act of 2007.
		2.FindingsCongress finds that—
			(1)the area surrounding the Jupiter Inlet
			 Lighthouse in the State of Florida—
				(A)is at the confluence of the Loxahatchee
			 River and the Indian River Lagoon; and
				(B)supports significant ecological values,
			 including—
					(i)endangered species of flora and fauna;
			 and
					(ii)imperiled natural communities rapidly
			 vanishing in south Florida;
					(2)the area surrounding the Lighthouse was
			 first used by Native Americans over 4,000 years ago;
			(3)Europeans made contact with the area
			 surrounding the Lighthouse in the 17th century;
			(4)the Lighthouse and the associated Oil
			 House, which was constructed in 1860, are nationally recognized historical
			 structures that should be preserved for present and future generations of
			 people in the United States;
			(5)the Lighthouse tells an important story
			 about—
				(A)the maritime history of southeast
			 Florida;
				(B)the prehistory and history of southeast
			 Florida; and
				(C)the role of southeast Florida in the Civil
			 War, World War II, and the creation of the National Weather Service;
				(6)the Lighthouse is listed on the National
			 Register of Historic Places;
			(7)the Lighthouse has been, and continues to
			 be, a physical manifestation of the commitment of the Federal Government to
			 maritime safety and security;
			(8)the current operations and activities of
			 the Coast Guard at Jupiter Inlet perpetuate the commitment described in
			 paragraph (7);
			(9)the Jupiter Inlet Lighthouse Outstanding
			 Natural Area—
				(A)would make a significant addition to the
			 National Landscape Conservation System administered by the Bureau of Land
			 Management; and
				(B)would be the only unit of the National
			 Landscape Conservation System located east of the Mississippi River;
				(10)statutory protection is needed for the
			 Lighthouse and the Federal land surrounding the Lighthouse to ensure that the
			 natural and cultural resources continue to be—
				(A)a part of the historic, cultural, and
			 natural heritage of the United States; and
				(B)a source of inspiration for the people of
			 the United States;
				(11)the actions of the Federal Government to
			 protect and conserve the land and historic structures associated with the
			 Outstanding Natural Area should not be construed, interpreted, or allowed to
			 diminish or control ongoing or future Coast Guard operations or activities;
			 and
			(12)the Lighthouse and the Federal land
			 surrounding the Lighthouse represent a true partnership of the highest order in
			 which collaboration is, and would continue to be, an everyday reality leading
			 to successful management and land stewardship by the Bureau of Land Management,
			 Palm Beach County, Florida, the Town of Jupiter, Florida, the Village of
			 Tequesta, Florida, the Loxahatchee River Historical Society, and the Coast
			 Guard (collectively known as the Jupiter Working Group) and
			 other partners.
			3.DefinitionsIn this Act:
			(1)CommandantThe term Commandant means the
			 Commandant of the Coast Guard.
			(2)LighthouseThe term Lighthouse means the
			 Jupiter Inlet Lighthouse located in Palm Beach County, Florida.
			(3)Local
			 partnersThe term Local
			 Partners includes—
				(A)Palm Beach County, Florida;
				(B)the Town of Jupiter, Florida;
				(C)the Village of Tequesta, Florida;
			 and
				(D)the Loxahatchee River Historical
			 Society.
				(4)Management planThe term management plan means
			 the management plan developed under section 5(a).
			(5)MapThe term map means the map
			 entitled Jupiter Inlet Lighthouse: Outstanding Natural Area and
			 dated February 2007.
			(6)Outstanding natural areaThe term Outstanding Natural
			 Area means the Jupiter Inlet Lighthouse Outstanding Natural Area
			 established by section 4(a).
			(7)Public landThe term public land has the
			 meaning given the term public lands in section 103(e) of the
			 Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
			(8)SecretaryThe term Secretary means the
			 Secretary of the Interior.
			(9)StateThe term State means the State
			 of Florida.
			4.Establishment of the jupiter inlet light
			 house outstanding natural area
			(a)EstablishmentSubject to valid existing rights, there is
			 established for the purposes described in subsection (b) the Jupiter Inlet
			 Lighthouse Outstanding Natural Area, the boundaries of which are depicted on
			 the map.
			(b)PurposesThe purposes of the Outstanding Natural
			 Area are to protect, conserve, and enhance the unique and nationally important
			 historic, natural, cultural, scientific, educational, scenic, and recreational
			 values of the Federal land surrounding the Lighthouse for the benefit of
			 present generations and future generations of people in the United States,
			 while—
				(1)allowing certain recreational and research
			 activities to continue in the Outstanding Natural Area; and
				(2)ensuring that Coast Guard operations and
			 activities are unimpeded within the boundaries of the Outstanding Natural
			 Area.
				(c)Availability of mapThe map shall be on file and available for
			 public inspection in—
				(1)the Office of the Director of the Bureau of
			 Land Management; and
				(2)the Eastern States Office of the Bureau of
			 Land Management in the State of Virginia.
				(d)Withdrawal
				(1)In generalSubject to valid existing rights, section
			 7, and any existing withdrawals under the Executive orders and public land
			 order described in paragraph (2), the Federal land and any interests in the
			 Federal land included in the Outstanding Natural Area are withdrawn
			 from—
					(A)all forms of entry, appropriation, or
			 disposal under the public land laws;
					(B)location, entry, and patent under the
			 public land mining laws; and
					(C)operation of the mineral leasing and
			 geothermal leasing laws and the mineral materials laws.
					(2)Description of executive
			 ordersThe Executive orders
			 and public land order described in paragraph (1) are—
					(A)the Executive Order dated October 22,
			 1854;
					(B)Executive Order No. 4254 (June 12, 1925);
			 and
					(C)Public Land Order No. 7202 (61 Fed. Reg.
			 29758).
					5.Management plan
			(a)In generalNot later than 3 years after the date of
			 enactment of this Act, the Secretary, in consultation with the Commandant,
			 shall develop a comprehensive management plan in accordance with section 202 of
			 the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to—
				(1)provide long-term management guidance for
			 the public land in the Outstanding Natural Area; and
				(2)ensure that the Outstanding Natural Area
			 fulfills the purposes for which the Outstanding Natural Area is
			 established.
				(b)Consultation; public
			 participationThe management
			 plan shall be developed—
				(1)in consultation with appropriate Federal,
			 State, county, and local government agencies, the Commandant, the Local
			 Partners, the Loxahatchee River Historical Society, and other partners;
			 and
				(2)in a manner that ensures full public
			 participation.
				(c)Existing
			 plansThe management plan
			 shall, to the maximum extent practicable, be consistent with existing resource
			 plans, policies, and programs.
			(d)InclusionsThe management plan shall include—
				(1)objectives and provisions to ensure—
					(A)the protection and conservation of the
			 resource values of the Outstanding Natural Area; and
					(B)the restoration of native plant communities
			 and estuaries in the Outstanding Natural Area, with an emphasis on the
			 conservation and enhancement of healthy, functioning ecological systems in
			 perpetuity;
					(2)objectives and provisions to maintain or
			 recreate historic structures;
				(3)an implementation plan for a program of
			 interpretation and public education about the natural and cultural resources of
			 the Lighthouse, the public land surrounding the Lighthouse, and associated
			 structures;
				(4)a proposal for administrative and public
			 facilities to be developed or improved that—
					(A)are compatible with achieving the resource
			 objectives for the Outstanding Natural Area described in section 6(a)(1)(B);
			 and
					(B)would accommodate visitors to the
			 Outstanding Natural Area;
					(5)natural and cultural resource management
			 strategies for the Outstanding Natural Area, to be developed in consultation
			 with appropriate departments of the State, the Local Partners, and the
			 Commandant, with an emphasis on resource conservation in the Outstanding
			 Natural Area and the interpretive, educational, and long-term scientific uses
			 of the resources; and
				(6)recreational use strategies for the
			 Outstanding Natural Area, to be prepared in consultation with the Local
			 Partners, appropriate departments of the State, and the Coast Guard, with an
			 emphasis on passive recreation.
				(e)Interim planUntil a management plan is adopted for the
			 Outstanding Natural Area, the Jupiter Inlet Coordinated Resource Management
			 Plan (including any updates or amendments to the Jupiter Inlet Coordinated
			 Resource Management Plan) shall be in effect.
			6.Management of the jupiter inlet lighthouse
			 outstanding natural area
			(a)Management
				(1)In generalThe Secretary, in consultation with the
			 Local Partners and the Commandant, shall manage the Outstanding Natural
			 Area—
					(A)as part of the National Landscape
			 Conservation System; and
					(B)in a manner that conserves, protects, and
			 enhances the unique and nationally important historical, natural, cultural,
			 scientific, educational, scenic, and recreational values of the Outstanding
			 Natural Area, including an emphasis on the restoration of native ecological
			 systems.
					(2)LimitationIn managing the Outstanding Natural Area,
			 the Secretary shall not take any action that precludes, prohibits, or otherwise
			 affects the conduct of ongoing or future Coast Guard operations or activities
			 on lots 16 and 18, as depicted on the map.
				(b)UsesSubject to valid existing rights and
			 section 7, the Secretary shall only allow uses of the Outstanding Natural Area
			 that the Secretary, in consultation with the Commandant and Local Partners,
			 determines would likely further—
				(1)the purposes for which the Outstanding
			 Natural Area is established;
				(2)the Federal Land Policy and Management Act
			 of 1976 (43 U.S.C. 1701 et seq.); and
				(3)other applicable laws.
				(c)Cooperative agreementsTo facilitate implementation of the
			 management plan and to continue the successful partnerships with local
			 communities and other partners, the Secretary shall, in accordance with section
			 307(b) of the Federal Land Management Policy and Management Act of 1976 (43
			 U.S.C. 1737(b)), enter into cooperative agreements with the appropriate
			 Federal, State, county, other local government agencies, and other partners
			 (including the Loxahatchee River Historical Society) for the long-term
			 management of the Outstanding Natural Area
			(d)Research activitiesTo continue successful research
			 partnerships, pursue future research partnerships, and assist in the
			 development and implementation of the management plan, the Secretary may, in
			 accordance with section 307(a) of the Federal Land Policy and Management Act of
			 1976 (43 U.S.C. 1737(a)), authorize the conduct of appropriate research
			 activities in the Outstanding Natural Area for the purposes described in
			 section 4(b).
			(e)Acquisition of land
				(1)In generalSubject to paragraph (2), the Secretary may
			 acquire for inclusion in the Outstanding Natural Area any State or private land
			 or any interest in State or private land that is—
					(A)adjacent to the Outstanding Natural Area;
			 and
					(B)identified in the management plan as
			 appropriate for acquisition.
					(2)Means of acquisitionLand or an interest in land may be acquired
			 under paragraph (1) only by—
					(A)donation;
					(B)exchange with a willing party; or
					(C)purchase from a willing seller.
					(3)Additions to the Outstanding Natural
			 AreaAny land or interest in
			 land adjacent to the Outstanding Natural Area acquired by the United States
			 after the date of enactment of this Act under paragraph (1) shall be added to,
			 and administered as part of, the Outstanding Natural Area.
				(f)Law enforcement activitiesNothing in this Act, the management plan,
			 or the Jupiter Inlet Coordinated Resource Management Plan (including any
			 updates or amendments to the Jupiter Inlet Coordinated Resource Management
			 Plan) precludes, prohibits, or otherwise affects—
				(1)any maritime security, maritime safety, or
			 environmental protection mission or activity of the Coast Guard;
				(2)any border security operation or law
			 enforcement activity by the Department of Homeland Security or the Department
			 of Justice; or
				(3)any law enforcement activity of any
			 Federal, State, or local law enforcement agency in the Outstanding Natural
			 Area.
				(g)Future disposition of coast guard
			 facilitiesIf the Commandant
			 determines, after the date of enactment of this Act, that Coast Guard
			 facilities within the Outstanding Natural Area exceed the needs of the Coast
			 Guard, the Commandant may relinquish the facilities to the Secretary without
			 removal, subject only to any environmental remediation that may be required by
			 law.
			7.Effect on ongoing and future coast guard
			 operationsNothing in this
			 Act, the management plan, or the Jupiter Inlet Coordinated Resource Management
			 Plan (including updates or amendments to the Jupiter Inlet Coordinated Resource
			 Management Plan) precludes, prohibits, or otherwise affects ongoing or future
			 Coast Guard operations or activities in the Outstanding Natural Area,
			 including—
			(1)the continued and future operation of,
			 access to, maintenance of, and, as may be necessitated for Coast Guard
			 missions, the expansion, enhancement, or replacement of, the Coast Guard High
			 Frequency antenna site on lot 16;
			(2)the continued and future operation of,
			 access to, maintenance of, and, as may be necessitated for Coast Guard
			 missions, the expansion, enhancement, or replacement of, the military family
			 housing area on lot 18;
			(3)the continued and future use of, access to,
			 maintenance of, and, as may be necessitated for Coast Guard missions, the
			 expansion, enhancement, or replacement of, the pier on lot 18;
			(4)the existing lease of the Jupiter Inlet
			 Lighthouse on lot 18 from the Coast Guard to the Loxahatchee River Historical
			 Society; or
			(5)any easements or other less-than-fee
			 interests in property appurtenant to existing Coast Guard facilities on lots 16
			 and 18.
			8.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as are necessary to carry out this
			 Act.

		1.Short titleThis Act may be cited as the
			 Jupiter Inlet Lighthouse Outstanding
			 Natural Area Act of 2008.
		2.DefinitionsIn this Act:
			(1)CommandantThe term Commandant means the
			 Commandant of the Coast Guard.
			(2)LighthouseThe term Lighthouse means the
			 Jupiter Inlet Lighthouse located in Palm Beach County, Florida.
			(3)Local
			 partnersThe term Local
			 Partners includes—
				(A)Palm Beach County, Florida;
				(B)the Town of Jupiter, Florida;
				(C)the Village of Tequesta, Florida;
			 and
				(D)the Loxahatchee River Historical
			 Society.
				(4)Management planThe term management plan means
			 the management plan developed under section 4(a).
			(5)MapThe term map means the map
			 entitled Jupiter Inlet Lighthouse Outstanding Natural Area and
			 dated October 29, 2007.
			(6)Outstanding natural areaThe term Outstanding Natural
			 Area means the Jupiter Inlet Lighthouse Outstanding Natural Area
			 established by section 3(a).
			(7)Public landThe term public land has the
			 meaning given the term public lands in section 103(e) of the
			 Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).
			(8)SecretaryThe term Secretary means the
			 Secretary of the Interior.
			(9)StateThe term State means the State
			 of Florida.
			3.Establishment of the jupiter inlet
			 lighthouse outstanding natural area
			(a)EstablishmentSubject to valid existing rights, there is
			 established for the purposes described in subsection (b) the Jupiter Inlet
			 Lighthouse Outstanding Natural Area, the boundaries of which are depicted on
			 the map.
			(b)PurposesThe purposes of the Outstanding Natural
			 Area are to protect, conserve, and enhance the unique and nationally important
			 historic, natural, cultural, scientific, educational, scenic, and recreational
			 values of the Federal land surrounding the Lighthouse for the benefit of
			 present generations and future generations of people in the United States,
			 while—
				(1)allowing certain recreational and research
			 activities to continue in the Outstanding Natural Area; and
				(2)ensuring that Coast Guard operations and
			 activities are unimpeded within the boundaries of the Outstanding Natural
			 Area.
				(c)Availability of mapThe map shall be on file and available for
			 public inspection in appropriate offices of the Bureau of Land
			 Management.
			(d)Withdrawal
				(1)In generalSubject to valid existing rights, section
			 6, and any existing withdrawals under the Executive orders and public land
			 order described in paragraph (2), the Federal land and any interests in the
			 Federal land included in the Outstanding Natural Area are withdrawn
			 from—
					(A)all forms of entry, appropriation, or
			 disposal under the public land laws;
					(B)location, entry, and patent under the
			 mining laws; and
					(C)operation of the mineral leasing and
			 geothermal leasing laws and the mineral materials laws.
					(2)Description of executive
			 ordersThe Executive orders
			 and public land order described in paragraph (1) are—
					(A)the Executive Order dated October 22,
			 1854;
					(B)Executive Order No. 4254 (June 12, 1925);
			 and
					(C)Public Land Order No. 7202 (61 Fed. Reg.
			 29758).
					4.Management plan
			(a)In generalNot later than 3 years after the date of
			 enactment of this Act, the Secretary, in consultation with the Commandant,
			 shall develop a comprehensive management plan in accordance with section 202 of
			 the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) to—
				(1)provide long-term management guidance for
			 the public land in the Outstanding Natural Area; and
				(2)ensure that the Outstanding Natural Area
			 fulfills the purposes for which the Outstanding Natural Area is
			 established.
				(b)Consultation; public
			 participationThe management
			 plan shall be developed—
				(1)in consultation with appropriate Federal,
			 State, county, and local government agencies, the Commandant, the Local
			 Partners, and other partners; and
				(2)in a manner that ensures full public
			 participation.
				(c)Existing
			 plansThe management plan
			 shall, to the maximum extent practicable, be consistent with existing resource
			 plans, policies, and programs.
			(d)InclusionsThe management plan shall include—
				(1)objectives and provisions to ensure—
					(A)the protection and conservation of the
			 resource values of the Outstanding Natural Area; and
					(B)the restoration of native plant communities
			 and estuaries in the Outstanding Natural Area, with an emphasis on the
			 conservation and enhancement of healthy, functioning ecological systems in
			 perpetuity;
					(2)objectives and provisions to maintain or
			 recreate historic structures;
				(3)an implementation plan for a program of
			 interpretation and public education about the natural and cultural resources of
			 the Lighthouse, the public land surrounding the Lighthouse, and associated
			 structures;
				(4)a proposal for administrative and public
			 facilities to be developed or improved that—
					(A)are compatible with achieving the resource
			 objectives for the Outstanding Natural Area described in section 5(a)(1)(B);
			 and
					(B)would accommodate visitors to the
			 Outstanding Natural Area;
					(5)natural and cultural resource management
			 strategies for the Outstanding Natural Area, to be developed in consultation
			 with appropriate departments of the State, the Local Partners, and the
			 Commandant, with an emphasis on resource conservation in the Outstanding
			 Natural Area and the interpretive, educational, and long-term scientific uses
			 of the resources; and
				(6)recreational use strategies for the
			 Outstanding Natural Area, to be prepared in consultation with the Local
			 Partners, appropriate departments of the State, and the Coast Guard, with an
			 emphasis on passive recreation.
				(e)Interim planUntil a management plan is adopted for the
			 Outstanding Natural Area, the Jupiter Inlet Coordinated Resource Management
			 Plan (including any updates or amendments to the Jupiter Inlet Coordinated
			 Resource Management Plan) shall be in effect.
			5.Management of the jupiter inlet lighthouse
			 outstanding natural area
			(a)Management
				(1)In generalThe Secretary, in consultation with the
			 Local Partners and the Commandant, shall manage the Outstanding Natural
			 Area—
					(A)as part of the National Landscape
			 Conservation System; and
					(B)in a manner that conserves, protects, and
			 enhances the unique and nationally important historical, natural, cultural,
			 scientific, educational, scenic, and recreational values of the Outstanding
			 Natural Area, including an emphasis on the restoration of native ecological
			 systems.
					(2)LimitationIn managing the Outstanding Natural Area,
			 the Secretary shall not take any action that precludes, prohibits, or otherwise
			 affects the conduct of ongoing or future Coast Guard operations or activities
			 on lots 16 and 18, as depicted on the map.
				(b)UsesSubject to valid existing rights and
			 section 6, the Secretary shall only allow uses of the Outstanding Natural Area
			 that the Secretary, in consultation with the Commandant and Local Partners,
			 determines would likely further—
				(1)the purposes for which the Outstanding
			 Natural Area is established;
				(2)the Federal Land Policy and Management Act
			 of 1976 (43 U.S.C. 1701 et seq.); and
				(3)other applicable laws.
				(c)Cooperative agreementsTo facilitate implementation of the
			 management plan and to continue the successful partnerships with local
			 communities and other partners, the Secretary may, in accordance with section
			 307(b) of the Federal Land Management Policy and Management Act of 1976 (43
			 U.S.C. 1737(b)), enter into cooperative agreements with the appropriate
			 Federal, State, county, other local government agencies, and other partners
			 (including the Loxahatchee River Historical Society) for the long-term
			 management of the Outstanding Natural Area
			(d)Research activitiesTo continue successful research
			 partnerships, pursue future research partnerships, and assist in the
			 development and implementation of the management plan, the Secretary may, in
			 accordance with section 307(a) of the Federal Land Policy and Management Act of
			 1976 (43 U.S.C. 1737(a)), authorize the conduct of appropriate research
			 activities in the Outstanding Natural Area for the purposes described in
			 section 3(b).
			(e)Acquisition of land
				(1)In generalSubject to paragraph (2), the Secretary may
			 acquire for inclusion in the Outstanding Natural Area any State or private land
			 or any interest in State or private land that is—
					(A)adjacent to the Outstanding Natural Area;
			 and
					(B)identified in the management plan as
			 appropriate for acquisition.
					(2)Means of acquisitionLand or an interest in land may be acquired
			 under paragraph (1) only by donation, exchange, or purchase from a willing
			 seller with donated or appropriated funds.
				(3)Additions to the Outstanding Natural
			 AreaAny land or interest in
			 land adjacent to the Outstanding Natural Area acquired by the United States
			 after the date of enactment of this Act under paragraph (1) shall be added to,
			 and administered as part of, the Outstanding Natural Area.
				(f)Law enforcement activitiesNothing in this Act, the management plan,
			 or the Jupiter Inlet Coordinated Resource Management Plan (including any
			 updates or amendments to the Jupiter Inlet Coordinated Resource Management
			 Plan) precludes, prohibits, or otherwise affects—
				(1)any maritime security, maritime safety, or
			 environmental protection mission or activity of the Coast Guard;
				(2)any border security operation or law
			 enforcement activity by the Department of Homeland Security or the Department
			 of Justice; or
				(3)any law enforcement activity of any
			 Federal, State, or local law enforcement agency in the Outstanding Natural
			 Area.
				(g)Future disposition of coast guard
			 facilitiesIf the Commandant
			 determines, after the date of enactment of this Act, that Coast Guard
			 facilities within the Outstanding Natural Area exceed the needs of the Coast
			 Guard, the Commandant may relinquish the facilities to the Secretary without
			 removal, subject only to any environmental remediation that may be required by
			 law.
			6.Effect on ongoing and future coast guard
			 operationsNothing in this
			 Act, the management plan, or the Jupiter Inlet Coordinated Resource Management
			 Plan (including updates or amendments to the Jupiter Inlet Coordinated Resource
			 Management Plan) precludes, prohibits, or otherwise affects ongoing or future
			 Coast Guard operations or activities in the Outstanding Natural Area,
			 including—
			(1)the continued and future operation of,
			 access to, maintenance of, and, as may be necessitated for Coast Guard
			 missions, the expansion, enhancement, or replacement of, the Coast Guard High
			 Frequency antenna site on lot 16;
			(2)the continued and future operation of,
			 access to, maintenance of, and, as may be necessitated for Coast Guard
			 missions, the expansion, enhancement, or replacement of, the military family
			 housing area on lot 18;
			(3)the continued and future use of, access to,
			 maintenance of, and, as may be necessitated for Coast Guard missions, the
			 expansion, enhancement, or replacement of, the pier on lot 18;
			(4)the existing lease of the Jupiter Inlet
			 Lighthouse on lot 18 from the Coast Guard to the Loxahatchee River Historical
			 Society; or
			(5)any easements or other less-than-fee
			 interests in property appurtenant to existing Coast Guard facilities on lots 16
			 and 18.
			7.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as are necessary to carry out this
			 Act.
		Amend the title so as to read:
	 A bill to designate the Jupiter Inlet Lighthouse and the surrounding
	 Federal land in the State of Florida as an Outstanding Natural Area and as a
	 unit of the National Landscape Conservation System, and for other
	 purposes..

		April 10, 2008
		Reported with an amendment and an amendment to the
		  title


116 HR 182 : To extend the authorization for the Cape Cod National Seashore Advisory Commission.
U.S. House of Representatives
2019-11-21
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.

		IIB
		116th CONGRESS1st Session
		H. R. 182
		IN THE SENATE OF THE UNITED STATES
		November 21, 2019 Received; read twice and referred to the Committee on Energy and Natural ResourcesAN ACT
		To extend the authorization for the Cape Cod National Seashore Advisory Commission.

  1.Cape Cod National Seashore Advisory CommissionEffective September 26, 2018, section 8(a) of Public Law 87–126 (16 U.S.C. 459b–7(a)) is amended in the second sentence by striking 2018 and inserting 2028.

	Passed the House of Representatives November 20, 2019.Cheryl L. Johnson,Clerk.


		II
		111th CONGRESS
		2d Session
		S. 3801
		IN THE SENATE OF THE UNITED STATES

			September 16, 2010
			Mr. Akaka introduced the
			 following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To amend title 38, United States Code, to increase the
		  maximum age for children eligible for medical care under the CHAMPVA program,
		  and for other purposes.

		1.Increase of maximum age for
			 children eligible for medical care under CHAMPVA program
			(a)IncreaseSubsection
			 (c) of section 1781 of title 38, United States Code, is amended to read as
			 follows:

					(c)(1)Notwithstanding clauses
				(i) and (iii) of section 101(4)(A) of this title and except as provided in
				paragraph (2), for purposes of this section, a child who is eligible for
				benefits under subsection (a) shall remain eligible for benefits under this
				section until the child's 26th birthday, regardless of the child's marital
				status.
						(2)Before January 1, 2014, paragraph (1)
				shall not apply to a child who is eligible to enroll in an eligible
				employer-sponsored plan (as defined in section 5000A(f)(2) of the Internal
				Revenue Code of 1986).
						(3)This subsection shall not be
				construed to limit eligibility for coverage of a child described in section
				101(4)(A)(ii) of this
				title.
						.
			(b)Effective
			 dateSuch subsection, as so amended, shall apply with respect to
			 medical care provided on or after the date of the enactment of this Act.


115 SRES 159 ATS: Recognizing and supporting the goals and ideals of National Sexual Assault Awareness Month.
U.S. Senate
2017-05-08
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.

		III
		115th CONGRESS
		1st Session
		S. RES. 159
		IN THE SENATE OF THE UNITED STATES

			May 8, 2017
			Mr. Grassley (for himself, Mrs. Feinstein, and Mrs. Ernst) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		Recognizing and supporting the goals and ideals of National Sexual Assault Awareness Month.

 Whereas, according to the Department of Justice, there were an estimated 90,185 rapes reported to law enforcement in 2015, which is a 6.3-percent increase as compared to 2014;
 Whereas, according to the National Sexual Violence Resource Center, 1 in 5 women and 1 in 71 men will experience an attempted or completed rape at some point in their lives;
 Whereas, according to the Rape, Abuse & Incest National Network, an individual is sexually assaulted every 98 seconds in the United States, but for every 1000 rapes committed, on average only—
 (1)310 rapes are reported to law enforcement; (2)57 reported rape cases lead to an arrest;
 (3)11 rape cases are referred for prosecution; (4)7 rape cases lead to a felony conviction; and
 (5)6 convicted rapists are sentenced to some form of incarceration; Whereas, according to the Centers for Disease Control and Prevention, more than 1/2 of all female rape victims reported being raped by an intimate partner;
 Whereas sexual violence is a burden for many individuals who serve in the United States Armed Forces, and the Department of Defense estimates that in 2015, over 16,000 service members intervened in situations they believed to be at risk for sexual assault;
 Whereas sexual assault does not discriminate on any basis and can affect any individual in the United States;
 Whereas sexual violence may take many forms, including acquaintance, stranger, spousal, and gang rape, incest, child sexual abuse, commercial sex trafficking, sexual harassment, and stalking;
 Whereas, according to the National Alliance to End Sexual Violence, in addition to the immediate physical and emotional costs, sexual assault can have numerous adverse consequences for the victim, which may include post-traumatic stress disorder, substance abuse, major depression, homelessness, eating disorders, and suicide;
 Whereas many sexual assaults are not reported to law enforcement agencies, which enables many perpetrators to evade punishment for their crimes;
 Whereas sexual assault survivors suffer emotional complications long after their physical scars have healed;
 Whereas advances in deoxyribonucleaic acid (DNA) technology have enabled law enforcement agencies to identify and prosecute the perpetrators in tens of thousands of unsolved sexual assault cases;
 Whereas incarceration of sexual assault perpetrators can prevent perpetrators from committing additional crimes;
 Whereas national, State, territorial, and tribal coalitions, community-based rape crisis centers, and other organizations across the United States are committed to—
 (1)increasing public awareness of sexual violence and the prevalence of sexual violence; and (2)eliminating sexual violence through prevention and education;
 Whereas important partnerships have been formed among criminal and juvenile justice agencies, health professionals, public health workers, educators, first responders, and victim service providers;
 Whereas thousands of volunteers and staff at rape crisis centers, State coalitions against sexual assault, and nonprofit organizations across the United States play an important role in making crisis hotlines and other services available to survivors of sexual assault;
 Whereas free, confidential help is available to all victims and survivors of sexual assault through—
 (1)the National Sexual Assault Hotline (800-656-HOPE and online.rainn.org); and (2)more than 1,000 sexual assault service providers across the United States;
 Whereas the DoD Safe Helpline, Safe HelpRoom, and Safe Helpline mobile app each provide support and help to members of the Department of Defense community—
 (1)by telephone at 877-995-5247; and (2)online at SafeHelpline.org;
 Whereas individual and collective efforts reflect the dream of the people of the United States— (1)for individuals and organizations to actively work to prevent all forms of sexual violence; and
 (2)for no sexual assault victim to be unserved or feel that there is no path to justice; and Whereas April 2017 is recognized as National Sexual Assault Awareness Month: Now, therefore, be it

 That— (1)it is the sense of the Senate that—
 (A)National Sexual Assault Awareness Month provides a special opportunity to educate the people of the United States about sexual violence and to encourage the prevention of sexual assault, improvement in the treatment of survivors of sexual assault, and the prosecution of perpetrators of sexual assault;
 (B)it is appropriate to properly acknowledge survivors of sexual assault and to commend the volunteers and professionals who assist those survivors in their efforts to heal;
 (C)national and community organizations and private sector supporters should be recognized and applauded for their work in promoting awareness about sexual assault, providing information and treatment to survivors of sexual assault, and increasing the number of successful prosecutions of perpetrators of sexual assault; and
 (D)public safety, law enforcement, and health professionals should be recognized and applauded for their hard work and innovative strategies to ensure perpetrators of sexual assault are held accountable; and
 (2)the Senate supports the goals and ideals of National Sexual Assault Awareness Month.


		I
		112th CONGRESS
		1st Session
		H. R. 2866
		IN THE HOUSE OF REPRESENTATIVES

			September 8, 2011
			Mr. Manzullo (for
			 himself, Mr. Ryan of Ohio,
			 Mr. Bishop of New York,
			 Mr. Critz,
			 Mr. Crowley,
			 Mr. Holt, Mr. Jackson of Illinois,
			 Mr. King of New York,
			 Mr. Lipinski,
			 Mrs. Maloney,
			 Mr. Michaud, and
			 Mr. Israel) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide a
		  tax incentive for the installation and maintenance of mechanical insulation
		  property.

		1.Short titleThis Act may be cited as the
			 Mechanical Insulation Installation
			 Incentive Act of 2011.
		2.Expensing of
			 mechanical insulation property
			(a)In
			 generalPart VI of subchapter B of chapter 1 of subtitle A of the
			 Internal Revenue Code of 1986 (relating to itemized deductions for individuals
			 and corporations) is amended by inserting after section 179E the following new
			 section:

					179F.Mechanical
				insulation property
						(a)Treatment as
				expensesIn addition to any
				other deduction in this subtitle, there shall be allowed as a deduction an
				amount equal to the applicable percentage of the cost of mechanical insulation
				property placed in service during the taxable year.
						(b)Applicable
				percentageFor purposes of subsection (a)—
							(1)In
				generalThe term applicable percentage means the
				lesser of—
								(A)30 percent,
				and
								(B)the reduction in energy loss (expressed as
				a percentage) from the installed mechanical insulation property compared to
				reference mechanical insulation property which meets the minimum requirements
				of ASHRAE standard 90.1–2007.
								(2)Special rule
				relating to maintenanceIn the case of mechanical insulation
				property placed in service as a replacement for insulation property—
								(A)paragraph (1)(B) shall not apply,
				and
								(B)the cost of such
				property shall be treated as an expense for which a deduction is allowed under
				section 162 instead of being treated as depreciable for purposes of the
				deduction provided by section 167.
								(c)DefinitionsFor
				purposes of this section—
							(1)Mechanical
				insulation propertyThe term
				mechanical insulation property means insulation materials,
				facings, and accessory products—
								(A)placed in service
				in connection with a mechanical system which—
									(i)is
				located in the United States, and
									(ii)is of a character subject to an allowance
				for depreciation, and
									(B)utilized for thermal requirements for
				mechanical piping and equipment, hot and cold applications, and heating,
				venting and air conditioning applications which can be used in a variety of
				facilities.
								(2)CostThe
				cost of mechanical insulation property includes—
								(A)the amounts paid or incurred for the
				installation of such property for that incremental portion above the minimums
				in ASHRAE standard 90.1–2007 and the total insulation cost for maintenance
				applications,
								(B)in the case of
				removal and disposal of the old mechanical insulation property, 10 percent of
				the cost of the new mechanical insulation property (determined without regard
				to this subparagraph), and
								(C)expenditures for labor costs properly
				allocable to the preparation, assembly, and installation of mechanical
				insulation property.
								(d)CoordinationSubsection
				(a) shall not apply to the cost of mechanical insulation property which is
				taken into account under section 179D or which, but for subsection (b) of
				section 179D, would be taken into account under such section.
						(e)Allocation of
				deduction for tax-Exempt propertyIn the case of mechanical insulation
				property installed on or in property owned by an entity described in paragraph
				(3) or (4) of section 50(b), the person who is the primary contractor for the
				installation of such property shall be treated as the taxpayer that placed such
				property in service.
						(f)CertificationFor
				purposes of this section, energy savings shall be certified under regulations
				or other guidance provided by the Secretary, in consultation with the Secretary
				of Energy.
						(g)TerminationThis section shall not apply to any
				property placed in service after the end of the 5-year period beginning on the
				date of the enactment of this
				section.
						.
			(b)Deduction for
			 capital expendituresSection 263(a)(1) of such Code (relating to
			 capital expenditures) is amended by striking or at the end of
			 subparagraph (K), by striking the period at the end of paragraph (L) and
			 inserting , or, and by adding at the end the following new
			 subparagraph:

					(M)expenditures for
				which a deduction is allowed under section
				179F.
					.
			(c)Technical and
			 clerical amendments
				(1)Section
			 312(k)(3)(B) of such Code is amended by striking or 179E each
			 place it appears in the text or heading thereof and inserting 179E, or
			 179F.
				(2)Paragraphs (2)(C)
			 and (3)(C) of section 1245(a) of such Code are each amended by inserting
			 179F, after 179E,.
				(3)The table of
			 sections for part VI of subchapter B of chapter 1 of subtitle A of such Code is
			 amended by inserting after the item relating to section 179E the following new
			 item:

							Sec. 179F. Mechanical insulation
				property.

						.
				(d)Effective
			 dateThe amendments made by this section shall apply to property
			 placed in service after the date of enactment of this Act.


113 HRES 636 EH: Providing for consideration of the bill (H.R. 6) to provide for expedited approval of exportation of natural gas to World Trade Organization countries, and for other purposes; and providing for consideration of the bill (H.R. 3301) to require approval for the construction, connection, operation, or maintenance of oil or natural gas pipelines or electric transmission facilities at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico, and for other purposes.
U.S. House of Representatives
2014-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
113th CONGRESS
2d Session
H. RES. 636
In the House of Representatives, U. S.,

June 24, 2014

RESOLUTION
Providing for consideration of the bill (H.R. 6) to provide for expedited approval of exportation of natural gas to World Trade Organization countries, and for other purposes; and providing for consideration of the bill (H.R. 3301) to require approval for the construction, connection, operation, or maintenance of oil or natural gas pipelines or electric transmission facilities at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico, and for other purposes.

That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 6) to provide for expedited approval of exportation of natural gas to World Trade Organization countries, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and amendments specified in this section and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113–48. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part A of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
2.At any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3301) to require approval for the construction, connection, operation, or maintenance of oil or natural gas pipelines or electric transmission facilities at the national boundary of the United States for the import or export of oil, natural gas, or electricity to or from Canada or Mexico, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Energy and Commerce. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill, it shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule an amendment in the nature of a substitute consisting of the text of Rules Committee Print 113–49. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part B of the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Karen L. Haas,Clerk.


113 HR 2476 IH: Supporting Emergency Responders Volunteer Efforts Act of 2013
U.S. House of Representatives
2013-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2476
		IN THE HOUSE OF REPRESENTATIVES

			June 24, 2013
			Mr. Hanna introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow a
		  $1,000 refundable credit for individuals who are bona fide volunteer members of
		  volunteer firefighting and emergency medical service
		  organizations.

		1.Short titleThis Act may be cited as the
			 Supporting Emergency Responders
			 Volunteer Efforts Act of 2013 or the SERVE Act of 2013.
		2.Refundable credit
			 for bona fide volunteer members of volunteer emergency response
			 organizations
			(a)In
			 generalSubpart C of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to refundable credits) is amended by
			 inserting after section 36C the following new section:

					36D.Bona fide
				volunteer members of volunteer emergency response organizations
						(a)In
				generalIn the case of any
				individual who—
							(1)is a bona fide
				volunteer of a qualified volunteer emergency response organization, and
							(2)meets the
				requirements of subsection (b) for the taxable year,
							there
				shall be allowed as a credit against the tax imposed by this subtitle an amount
				equal to $1,000.(b)Service
				requirements
							(1)In
				generalAn individual meets the requirements of this subsection
				for any taxable year if such individual—
								(A)has served as a
				bona fide volunteer performing qualified services for the qualified volunteer
				emergency response organization for more than 6 months in such taxable year,
				and
								(B)has provided more
				than 40 hours of such services—
									(i)actively engaged in the prevention,
				control, or extinguishment of fires or response to emergency situations where
				life, property, or the environment is at risk, or
									(ii)stationed at the
				premises of the qualified volunteer emergency response organization in
				anticipation of being so actively engaged.
									(2)Qualified
				servicesFor purposes of this
				subsection—
								(A)In
				generalThe term qualified services means fire
				fighting and prevention services, emergency medical services, and ambulance
				services.
								(B)Training and
				certification requirementsAn individual shall not be treated as
				performing qualified services unless such individual meets all applicable
				training and certification requirements of the qualified volunteer emergency
				response organization for which such services are performed.
								(c)DefinitionsFor
				purposes of this section—
							(1)Bona fide
				volunteerThe term bona fide volunteer has the
				meaning given such term by section 457(e)(11)(B)(i).
							(2)Qualified
				volunteer emergency response organizationThe term
				qualified volunteer emergency response organization has the
				meaning given such term by section
				139B(c)(3).
							.
			(b)Conforming
			 amendments
				(1)Paragraph (2) of
			 section 1324(b) of title 31, United States Code, is amended by inserting
			 36D, after 36B,.
				(2)The table of
			 sections for subpart C of part IV of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by inserting after the item relating to section
			 36C the following new item:

							Sec. 36D. Bona fide volunteer members of volunteer emergency
				response
				organizations.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after the date of the enactment of this Act.


117 HR 5329 IH: Small Passenger Vessel Liability Fairness Act of 2021
U.S. House of Representatives
2021-09-22
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.

I117th CONGRESS1st SessionH. R. 5329IN THE HOUSE OF REPRESENTATIVESSeptember 22, 2021Mr. Carbajal (for himself and Ms. Brownley) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on the Judiciary, 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 revise laws regarding liability in certain civil actions, and for other purposes.1.Short titleThis Act may be cited as the Small Passenger Vessel Liability Fairness Act of 2021.2.Exoneration and limitation of liability for small passengers vessels(a)RestructuringChapter 305 of title 46, United States Code, is amended—(1)by inserting the following before section 30501:IGeneral provisions;(2)by inserting the following before section 30503:IIExoneration and limitation of liability generally; and (3)by redesignating sections 30503 through 30512 as sections 30521 through 30530, respectively.(b)DefinitionsSection 30501 of title 46, United States Code, is amended to read as follows:30501.DefinitionsIn this chapter—(1)the term owner includes a charterer that mans, supplies, and navigates a vessel at the charterer's own expense or by the charterer's own procurement; and(2) the term covered small passenger vessel—(A)means a small passenger vessel, as defined in section 2101 of this title, that—(i)is less than 100 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title; and(ii)is carrying—(I)for overnight domestic voyages, not more 49 passengers; and(II)for all other voyages, not more than 150 passengers; and(B)includes any wooden vessel constructed prior to March 11, 1996, that carries passengers on overnight domestic voyages..(c)Applicability(1)In generalSection 30502 of title 46, United States Code, is amended to read as follows:30502.Application(a)In generalExcept as otherwise provided and subject to subsection (b)—(1)subchapter II (except section 30521) of this title shall apply to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters that are not covered small passenger vessels; and(2)subchapter III of this title shall apply to seagoing vessels, and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters, that are covered small passenger vessels. (b)Declaration of nature and value of goodsSection 30521 of this title shall not apply to vessels described in subsection (a) of this section..(d)Rules for small passenger vesselsChapter 305 of title 46, United States Code, is amended by adding at the end the following:IIIExoneration and limitation of liability for covered small passenger vessels30541.Exoneration and limitation of liability provisions(a)In generalBy not later than 180 days after the date of enactment of the Small Passenger Vessel Liability Fairness Act of 2021, the Commandant shall promulgate rules relating to exoneration and limitation of liability for all covered small passenger vessels that—(1)provide just compensation in any claim for which the owner or operator of a covered small passenger vessel is found liable; and(2)comply with the requirements of subsection (b) of this section.(b)Requirements(1)Privity or knowledgeIn a claim for personal injury or death to which this subchapter applies, the privity or knowledge of the master or the owner's superintendent or managing agent, at or before the beginning of each voyage, is imputed to the owner.(2)Apportionment of lossesThe requirements of section 30525 of this title shall apply to a covered small passenger vessel in the same manner as such section applies to a vessel described in section 30502(a)(1).(3)Timing considerationsThe requirements of subsections (b) through (d) of section 30526 of this title shall apply to a covered small passenger vessel in the same manner as the requirements apply to a vessel subject to such section.(c)ApplicabilityThe rules promulgated under subsection (a) shall take effect as if promulgated on the effective date of the Small Passenger Vessel Liability Fairness Act of 2021..(e)Tables of subchapters and tables of sectionsThe table of sections for chapter 305 of title 46, United States Code, is amended—(1)by inserting before section 30501 the following: SUBCHAPTER I—General provisions;(2)by inserting after section 30502 the following:SUBCHAPTER II—Exoneration and limitation of liability;(3)by redesignating the items relating to sections 30503 through 30512 as items relating to sections 30521 through 30530, respectively; and(4)by adding at the end the following: SUBCHAPTER III—Exoneration and limitation of liability for covered small passenger vessels Sec. 30541. Exoneration and limitation of liability provisions..(f)Conforming amendmentsTitle 46, United States Code, is further amended—(1)in section 14305(a)(5), by striking section 30506 and inserting section 30524;(2)in section 30523(a), as redesignated by subsection (a) of this section, by striking section 30506 and inserting section 30524; (3)in section 30524(b), as redesignated by subsection (a) of this section, by striking section 30505 and inserting section 30523; and(4)in section 30525—(A)by striking section 30505 and section 30523; (B)by striking section 30506 and inserting section 30524; and(C)by striking section 30506(b) and inserting section 30524(b).3.Effective date; severability(a)Effective dateThis Act, and the amendments made by this Act, shall take effect as if enacted into law on September 2, 2019.(b)SeverabilityIf any provision of this Act or an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of this Act and the amendments made by this Act to any other person or circumstance shall not be affected.


115 S1303 IS: Every Child Deserves a Family Act
U.S. Senate
2017-06-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 1303IN THE SENATE OF THE UNITED STATESJune 7, 2017Mrs. Gillibrand (for herself, Mr. Franken, Mr. Brown, Mr. Sanders, Mr. Wyden, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo prohibit discrimination in adoption or foster care placements based on the sexual orientation,
			 gender identity, or marital status of any prospective adoptive or foster
			 parent, or the sexual orientation or gender identity of the child
			 involved.

 1.Short titleThis Act may be cited as the Every Child Deserves a Family Act. 2.Congressional findings and purposes (a)FindingsCongress finds the following:
 (1)There is a shortage of qualified individuals willing to adopt or foster a child in the child welfare system. As a result, thousands of foster children lack a permanent and safe home.
 (2)In order to open more homes to foster children, child welfare agencies should work to eliminate sexual orientation, gender identity, and marital status discrimination and bias in adoption and foster care recruitment, selection, and placement procedures.
 (3)Of the estimated 427,910 children in the United States foster care system, more than 111,820 cannot return to their original families and are legally free for adoption.
 (A)53,549 children were adopted in 2015, while 20,789 youth aged out of the foster care system. (B)Research shows that youth who age out of the foster care system are at a high risk for poverty, homelessness, incarceration, and early parenthood.
 (C)Increasing adoption rates, in addition to establishing permanency and decreasing risk factors for foster youth, can yield annual national cost savings between $3,300,000,000 and $6,300,000,000.
 (4)Experts agree that in many States, lesbian, gay, bisexual, and transgender youth experience discrimination, harassment, and violence in the foster care system because of their sexual orientation or gender identity.
 (5)Approximately 60 percent of homeless lesbian, gay, bisexual, and transgender youth were previously in foster care. According to the Urban Justice Center, many of these young people reported that living on the streets felt safer than living in their group or foster home.
 (6)According to the Williams Institute, an estimated 19 percent of same-sex couple households include children under 18 years of age.
 (7)The Williams Institute estimates that 3,000,000 lesbian, gay, bisexual, and transgender people have had a child and as many as 6,000,000 American adults and children have a lesbian, gay, bisexual, or transgender parent. Among adults under 50 years of age living alone or with a spouse or partner, 48 percent of lesbian, bisexual, or transgender women are raising a child under 18 years of age, and 20 percent of gay, bisexual, or transgender men are doing so.
 (8)As of 2013, same-sex couples are raising 1.4 percent of adopted children with 2 parents and are fostering 1.7 percent of foster children living with 2 parents. A 2007 report from the Williams Institute found that an additional 2,000,000 gay, lesbian, and bisexual individuals are interested in adoption.
 (9)According to the Williams Institute/Urban Institute, same-sex couples raising adopted children tend to be older than, just as educated as, and have access to the same economic resources as other adoptive parents. Studies confirm that children with same-sex parents have the same advantages and same expectations for health, social, and psychological adjustment, and development as children whose parents are heterosexual.
 (A)The practice of prohibiting applicants from becoming foster parents or adopting children solely on the basis of sexual orientation, gender identity, or marital status has resulted in reducing the number of qualified adoptive and foster parents overall and denying gay, lesbian, bisexual, and unmarried relatives the opportunity to become foster parents for their own kin, including grandchildren, or to adopt their own kin, including grandchildren, from foster care.
 (B)According to the Williams Institute, as of 2013, more than 3,400 children are currently in foster placements with same-sex couples. Another 22,000 children are being raised by same-sex adoptive couples. If other States followed the minority of States and discriminated against qualified individuals because of their sexual orientation, gender identity, or marital status, foster care expenditures would increase between $87,000,000 and $130,000,000 per year in order to pay for additional institutional and group care, as well as to recruit and train new foster and adoptive parents.
 (10)Some States allow 1 member of an unmarried couple to adopt, but do not recognize both members of the unmarried couple as the child’s legal parents. Recognition of joint adoption by unmarried couples provides children with the same rights and security that children of married parents enjoy. These protections include access to both parents’ health benefits, survivor’s, Social Security, and child support entitlements, legal grounds for either parent to provide consent for medical care, education, and other important decisions, as well as the establishment of permanency for parents and child.
 (11)Professional organizations in the fields of medicine, psychology, law, and child welfare have taken official positions in support of the ability of qualified gay, lesbian, bisexual, and unmarried couples to foster and adopt a child, as supported by scientific research showing sexual orientation as a nondeterminative factor in parental success.
 (12)Several States have passed, and a number of additional States have proposed, “conscience clause” laws that permit agencies and case workers to delay or deny placements to anyone with whom they have a religious or moral objection.
 (13)Discrimination against potential foster or adoptive parents based on sexual orientation, gender identity, or marital status is not in the best interests of children in the foster care system.
 (b)PurposesThe purposes of this Act are to decrease the length of time that children wait for permanency with a loving family and to promote the best interests of children in the child welfare system by preventing discrimination in adoption and foster care placements based on sexual orientation, gender identity, or marital status.
			3.Every child deserves a family
			(a)Activities
 (1)ProhibitionAn entity that receives Federal assistance or contracts with an entity that receives Federal assistance, and is involved in adoption or foster care placements may not—
 (A)deny to any person the opportunity to become an adoptive or a foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved;
 (B)delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; or
 (C)require different or additional screenings, processes, or procedures for adoptive or foster placement decisions on the basis of the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved.
 (2)Definition of placement decisionIn this section, the term placement decision means the decision to place, or to delay or deny the placement of, a child in a foster care or an adoptive home, and includes the decision of the agency or entity involved to seek the termination of birth parent rights or otherwise make a child legally available for adoptive placement.
 (b)Equitable reliefAny individual who is aggrieved by an action in violation of subsection (a) may bring an action seeking relief in a United States district court of appropriate jurisdiction.
 (c)Federal guidanceNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall publish guidance to concerned entities with respect to compliance with this section.
 (d)Technical assistanceIn order to ensure compliance with, and ensure understanding of the legal, practice, and culture changes required by, this Act in making foster care and adoption placement decisions, the Secretary shall provide technical assistance to all entities covered by this Act, including—
 (1)identifying laws and regulations inconsistent with this Act and providing guidance and training to ensure the laws and regulations are brought into compliance within the prescribed period of time;
 (2)identifying casework practices and procedures inconsistent with this Act and providing guidance and training to ensure the practices and procedures are brought into compliance within the prescribed period of time;
 (3)providing guidance in expansion of recruitment efforts to ensure consideration of all interested and qualified prospective adoptive and foster parents regardless of the sexual orientation, gender identity, or marital status of the prospective parent;
 (4)comprehensive cultural competency training for covered entities and prospective adoptive and foster parents; and
 (5)training judges and attorneys involved in foster care and adoption cases on the findings and purposes of this Act.
				(e)Deadline for compliance
 (1)In generalExcept as provided in paragraph (2), an entity that receives Federal assistance and is involved with adoption or foster care placements shall comply with this section not later than 6 months after publication of the guidance referred to in subsection (c), or 1 year after the date of enactment of this Act, whichever occurs first.
 (2)Authority to extend deadlineIf a State demonstrates to the satisfaction of the Secretary of Health and Human Services that it is necessary to amend State statutory law in order to change a particular practice that is inconsistent with this section, the Secretary may extend the compliance date for the State and any entities in the State that are involved with adoption or foster care placements a reasonable number of days after the close of the 1st State legislative session beginning after the date the guidance referred to in subsection (c) is published.
 (3)Authority to withhold fundsIf a State fails to comply with this section, the Secretary may withhold payment to the State of amounts otherwise payable to the State under part B or E of title IV of the Social Security Act (42 U.S.C. 621 et seq., 670 et seq.), to the extent the Secretary deems the withholding necessary to induce the State into compliance with this section.
				(f)GAO study
 (1)In generalNot later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study to determine whether the States have substantially complied with this Act, including specifically whether the States have—
 (A)eliminated policies, practices, or statutes that deny to any otherwise qualified person the opportunity to become an adoptive or foster parent on the basis of the sexual orientation, gender identity, or marital status of the person, or the sexual orientation or gender identity of the child involved;
 (B)removed all program, policy, or statutory barriers that delay or deny the placement of a child for adoption or into foster care on the basis of the sexual orientation, gender identity, or marital status of any qualified, prospective adoptive or foster parent, or the sexual orientation or gender identity of the child; and
 (C)eliminated all different or additional screenings, processes, or procedures for adoptive or foster placement decisions based on the sexual orientation, gender identity, or marital status of the prospective adoptive or foster parent, or the sexual orientation or gender identity of the child involved.
 (2)Report to CongressNot later than 1 year after completing the study required by paragraph (1), the Comptroller General shall submit to Congress a written report that contains the results of the study.


115 S3693 IS: To amend title XVIII of the Social Security Act to provide for the treatment of certain cancer hospitals.
U.S. Senate
2018-11-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 3693
		IN THE SENATE OF THE UNITED STATES

			November 29, 2018
			Mr. Hatch introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend title XVIII of the Social Security Act to provide for the treatment of certain cancer
			 hospitals.

		1.Treatment of certain cancer hospitals
 (a)In generalSection 1886(d)(1)(B)(v) of the Social Security Act (42 U.S.C. 1395ww(d)(1)(B)(v)) is amended— (1)in subclause (II), by striking or at the end; and
 (2)by adding at the end the following new subclause:  (IV)a hospital that was designated as a comprehensive cancer center by the National Cancer Institute of the National Institutes of Health before the date of the enactment of this subclause, and that is located in a State with less than 35 people per square mile based on 2010 data published by the Bureau of the Census, or.
 (b)Special Rule for Eligible HospitalsIn the case of a hospital described in section 1886(d)(1)(B)(v)(IV) of the Social Security Act, as added by subsection (a), that elects not to be treated as a subsection (d) hospital pursuant to such section (in this section referred to as an eligible hospital), for purposes of the provisions of section 412.22(e) of title 42, Code of Federal Regulations (or any successor regulations), the eligible hospital shall not be denied an exemption from the prospective payment system under section 1886(d) of the Social Security Act (42 U.S.C. 1395ww) solely because the eligible hospital and another hospital are both under the control of any third entity (including with respect to the governing body, the chief medical officer, or the chief executive officer of the eligible hospital).
 (c)Effective dateThe amendments made by subsection (a) shall apply to eligible hospitals in cost reporting periods beginning on or after the date of the enactment of this Act.
 (d)Budget neutralityThe Secretary shall make a proportional adjustment in the standardized amounts otherwise determined under subsection (d)(3) of section 1886 of the Social Security Act (42 U.S.C. 1395ww), for cost reporting periods beginning on or after the date of enactment of this Act, to assure that the provisions of subclause (IV) of subsection (d)(1)(B)(v) of such section, as added by subsection (a), do not result in aggregate payments under such section that are greater or less than those that would otherwise be made if such subclause had not been enacted.