117 S1653 IS: Simplified, Manageable, And Responsible Tax Act
U.S. Senate
2021-05-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
117th CONGRESS1st Session
S. 1653
IN THE SENATE OF THE UNITED STATES

May 17, 2021
Mr. Shelby introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL
To repeal the current Internal Revenue Code and replace it with a flat tax, thereby guaranteeing economic growth and fairness for all Americans.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Simplified, Manageable, And Responsible Tax Act or the SMART Act. (b)Table of contents  Sec. 1. Short title; table of contents. Title I—Tax reduction and simplification Sec. 101. Individual income tax. Sec. 102. Tax on business activities. Sec. 103. Simplification of rules relating to qualified retirement plans. Sec. 104. Repeal of alternative minimum tax. Sec. 105. Repeal of credits. Sec. 106. Repeal of estate and gift taxes and obsolete income tax provisions. Sec. 107. Effective date. Title II—Supermajority required for tax changes Sec. 201. Supermajority required. ITax reduction and simplification 101.Individual income tax (a)In generalSection 1 of the Internal Revenue Code of 1986 is amended to read as follows:

1.Tax imposedThere is hereby imposed on the taxable income of every individual a tax equal to 17 percent of the taxable income of such individual for such taxable year.. (b)Taxable incomeSection 63 of the Internal Revenue Code of 1986 is amended to read as follows:

63.Taxable income
(a)In generalFor purposes of this subtitle, the term taxable income means the excess of— (1)the sum of—
(A)wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash and which are received during the taxable year for services performed in the United States, (B)retirement distributions which are includible in gross income for such taxable year, plus
(C)amounts received under any law of the United States or of any State which is in the nature of unemployment compensation, over (2)the standard deduction.
(b)Standard deduction
(1)In generalFor purposes of this subtitle, the term standard deduction means the sum of— (A)the basic standard deduction, plus
(B)the additional standard deduction. (2)Basic standard deductionFor purposes of paragraph (1), the basic standard deduction is—
(A)$29,190 in the case of— (i)a joint return, or
(ii)a surviving spouse (as defined in section 2(a)), (B)$18,630 in the case of a head of household (as defined in section 2(b)), and
(C)$14,590 in the case of an individual— (i)who is not married and who is not a surviving spouse or head of household, or
(ii)who is a married individual filing a separate return. (3)Additional standard deductionFor purposes of paragraph (1), the additional standard deduction is $6,290 for each dependent (as defined in section 152) who is described in section 151(c) for the taxable year and who is not required to file a return for such taxable year.
(c)Retirement distributionsFor purposes of subsection (a), the term retirement distribution means any distribution from— (1)a plan described in section 401(a) which includes a trust exempt from tax under section 501(a),
(2)an annuity plan described in section 403(a), (3)an annuity contract described in section 403(b),
(4)an individual retirement account described in section 408(a), (5)an individual retirement annuity described in section 408(b),
(6)an eligible deferred compensation plan (as defined in section 457), (7)a governmental plan (as defined in section 414(d)), or
(8)a trust described in section 501(c)(18).Such term includes any plan, contract, account, annuity, or trust which, at any time, has been determined by the Secretary to be such a plan, contract, account, annuity, or trust. (d)Income of certain childrenFor purposes of this subtitle—
(1)an individual’s taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and (2)such dependent child shall have no liability for tax imposed by section 1 with respect to such income and shall not be required to file a return for such taxable year.
(e)Inflation adjustment
(1)In generalIn the case of any taxable year beginning in a calendar year after 2022, each dollar amount contained in subsection (b) shall be increased by an amount determined by the Secretary to be equal to— (A)such dollar amount, multiplied by
(B)the cost-of-living adjustment for such calendar year. (2)Cost-of-living adjustmentFor purposes of paragraph (1), the cost-of-living adjustment for any calendar year is the percentage (if any) by which—
(A)the CPI for the preceding calendar year, exceeds (B)the CPI for the calendar year 2021.
(3)CPI for any calendar yearFor purposes of paragraph (2), the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. (4)Consumer Price IndexFor purposes of paragraph (3), the term Consumer Price Index means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used.
(5)RoundingIf any increase determined under paragraph (1) is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. (f)Marital statusFor purposes of this section, marital status shall be determined under section 7703..
102.Tax on business activities
(a)In generalSection 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows:  11.Tax imposed on business activities (a)Tax imposedThere is hereby imposed on every person engaged in a business activity a tax equal to 17 percent of the business taxable income of such person.
(b)Liability for taxThe tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. (c)Business taxable incomeFor purposes of this section—
(1)In generalThe term business taxable income means gross active income reduced by the deductions specified in subsection (d). (2)Gross active income (A)In generalFor purposes of paragraph (1), the term gross active income means gross receipts from—
(i)the sale or exchange of property or services in the United States by any person in connection with a business activity, and (ii)the export of property or services from the United States in connection with a business activity.
(B)ExchangesFor purposes of this section, the amount treated as gross receipts from the exchange of property or services is the fair market value of the property or services received, plus any money received. (C)Coordination with special rules for financial services, etcExcept as provided in subsection (e)—
(i)the term property does not include money or any financial instrument, and (ii)the term services does not include financial services.
(3)Exemption from tax for activities of governmental entities and tax-exempt organizationsFor purposes of this section, the term business activity does not include any activity of a governmental entity or of any other organization which is exempt from tax under this chapter. (d)Deductions (1)In generalThe deductions specified in this subsection are—
(A)the cost of business inputs for the business activity, (B)wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash for services performed in the United States as an employee, and
(C)retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)) for the benefit of such employees to the extent such contributions are allowed as a deduction under section 404. (2)Business inputs (A)In generalFor purposes of paragraph (1), the term cost of business inputs means—
(i)the amount paid for property sold or used in connection with a business activity, (ii)the amount paid for services (other than for the services of employees, including fringe benefits paid by reason of such services) in connection with a business activity, and
(iii)any excise tax, sales tax, customs duty, or other separately stated levy imposed by a Federal, State, or local government on the purchase of property or services which are for use in connection with a business activity.Such term shall not include any tax imposed by chapter 2 or 21. (B)ExceptionsSuch term shall not include—
(i)items described in subparagraphs (B) and (C) of paragraph (1), and (ii)items for personal use not in connection with any business activity.
(C)ExchangesFor purposes of this section, the amount treated as paid in connection with the exchange of property or services is the fair market value of the property or services exchanged, plus any money paid. (e)Special rules for financial intermediation service activitiesIn the case of the business activity of providing financial intermediation services, the taxable income from such activity shall be equal to the value of the intermediation services provided in such activity.
(f)Exception for services performed as employeeFor purposes of this section, the term business activity does not include the performance of services by an employee for the employee’s employer. (g)Carryover of credit-Equivalent of excess deductions (1)In generalIf the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the credit-equivalent of such excess shall be allowed as a credit against the tax imposed by this section for the following taxable year.
(2)Credit-equivalent of excess deductionsFor purposes of paragraph (1), the credit-equivalent of the excess described in paragraph (1) for any taxable year is an amount equal to— (A)the sum of—
(i)such excess, plus (ii)the product of such excess and the 3-month Treasury rate for the last month of such taxable year, multiplied by
(B)the rate of the tax imposed by subsection (a) for such taxable year. (3)Carryover of unused creditIf the credit allowable for any taxable year by reason of this subsection exceeds the tax imposed by this section for such year, then (in lieu of treating such excess as an overpayment) the sum of—
(A)such excess, plus (B)the product of such excess and the 3-month Treasury rate for the last month of such taxable year, shall be allowed as a credit against the tax imposed by this section for the following taxable year.
(4)3-month Treasury rateFor purposes of this subsection, the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield (during any 1-month period selected by the Secretary and ending in the calendar month in which the determination is made) on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less.. (b)Tax on noncash compensation provided to employees not engaged in business activitySection 4977 of the Internal Revenue Code of 1986 is amended to read as follows:

4977.Tax on noncash compensation provided to employees not engaged in business activity
(a)Imposition of taxThere is hereby imposed a tax equal to 17 percent of the value of excludable compensation provided during the calendar year by an employer for the benefit of employees to whom this section applies. (b)Liability for taxThe tax imposed by this section shall be paid by the employer.
(c)Excludable compensationFor purposes of subsection (a), the term excludable compensation means any remuneration for services performed as an employee other than— (1)wages (as defined in section 3121(a) without regard to paragraph (1) thereof) which are paid in cash,
(2)remuneration for services performed outside the United States, and (3)retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)).
(d)Employees to whom section appliesThis section shall apply to an employee who is employed in any activity by— (1)any organization which is exempt from taxation under this chapter, or
(2)any agency or instrumentality of the United States, any State or political subdivision of a State, or the District of Columbia.. 103.Simplification of rules relating to qualified retirement plans (a)In generalThe following provisions of the Internal Revenue Code of 1986 are hereby repealed:
(1)Nondiscrimination rules
(A)Paragraphs (4) and (5) of section 401(a) (relating to nondiscrimination requirements). (B)Sections 401(a)(10)(B) and 416 (relating to top heavy plans).
(C)Section 401(a)(17) (relating to compensation limit). (D)Paragraphs (3), (6), and (26) of section 401(a), and section 410(b) (relating to minimum participation and coverage requirements).
(E)Paragraphs (3), (8), (11), (12), and (13) of section 401(k), and section 4979 (relating to actual deferral percentage). (F)Section 401(l) (relating to permitted disparity in plan contributions or benefits).
(G)Section 401(m) (relating to nondiscrimination test for matching contributions and employee contributions). (H)Paragraphs (1)(D) and (12) of section 403(b) (relating to nondiscrimination requirements).
(I)Paragraphs (3) and (6) (other than subparagraph (A)(i) thereof) of section 408(k) (relating to simplified employee pensions). (2)Contribution limits (A)Sections 401(a)(16), 402(h)(2), 403(b) (3) and (4), and 415 (relating to limitations on benefits and contributions under qualified plans).
(B)Sections 401(a)(30), 402(g), and 403(b)(1)(E) (relating to limitation on exclusion for elective deferrals). (C)Paragraphs (3) and (7) of section 404(a) (relating to percentage of compensation limits).
(D)Section 404(l) (relating to limit on includible compensation). (3)Restrictions on distributions (A)Section 72(t) (relating to 10 percent additional tax on early distributions from qualified retirement plans).
(B)Sections 401(a)(9), 403(b)(10), and 4974 (relating to minimum distribution rules). (C)Section 402(e)(4) (relating to net unrealized appreciation).
(4)Special requirements for plan benefitting self-employed individualsSubsections (a)(10)(A) and (d) of section 401. (5)Prohibition of tax-exempt organizations and governments from having qualified cash or deferred arrangementsSection 401(k)(4)(B).
(b)Employer reversions of excess pension assets permitted subject only to income inclusion
(1)Repeal of tax on employer reversionsSection 4980 of the Internal Revenue Code of 1986 is hereby repealed. (2)Employer reversions permitted without plan terminationSection 420 of such Code is amended to read as follows:

420.Transfers of excess pension assets
(a)In generalIf there is a qualified transfer of any excess pension assets of a defined benefit plan (other than a multiemployer plan) to an employer— (1)a trust which is part of such plan shall not be treated as failing to meet the requirements of section 401(a) or any other provision of law solely by reason of such transfer (or any other action authorized under this section), and
(2)such transfer shall not be treated as a prohibited transaction for purposes of section 4975.The gross income of the employer shall include the amount of any qualified transfer made during the taxable year. (b)Qualified transferFor purposes of this section—
(1)In generalThe term qualified transfer means a transfer— (A)of excess pension assets of a defined benefit plan to the employer, and
(B)with respect to which the vesting requirements of subsection (c) are met in connection with the plan. (2)Only 1 transfer per yearNo more than 1 transfer with respect to any plan during a taxable year may be treated as a qualified transfer for purposes of this section.
(c)Vesting requirements of plans transferring assetsThe vesting requirements of this subsection are met if the plan provides that the accrued pension benefits of any participant or beneficiary under the plan become nonforfeitable in the same manner which would be required if the plan had terminated immediately before the qualified transfer (or in the case of a participant who separated during the 1-year period ending on the date of the transfer, immediately before such separation). (d)Definition and special ruleFor purposes of this section—
(1)Excess pension assetsThe term excess pension assets means the excess (if any) of— (A)the lesser of—
(i)the fair market value of the plan's assets (reduced by the prefunding balance and funding standard carryover balance determined under section 430(f)), or (ii)the value of plan assets as determined under section 430(g)(3) after reduction under section 430(f), over
(B)125 percent of the sum of the funding target and the target normal cost determined under section 430 for such plan year. (2)Coordination with sections 430 and 433In the case of a qualified transfer—
(A)any assets so transferred shall not, for purposes of this section and sections 430 and 433, be treated as assets in the plan, and (B)in the case of a CSEC plan, the plan shall be treated as having a net experience loss under section 433(b)(2)(B)(iv) in an amount equal to the amount of such transfer and for which amortization charges begin for the first plan year after the plan year in which such transfer occurs, except that such section shall be applied to such amount by substituting 10 plan years for 5 plan years..
104.Repeal of alternative minimum taxPart VI of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. 105.Repeal of creditsPart IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed.
106.Repeal of estate and gift taxes and obsolete income tax provisions
(a)Repeal of estate and gift taxes
(1)In generalSubtitle B of the Internal Revenue Code of 1986 is hereby repealed. (2)Effective dateThe repeal made by paragraph (1) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 2021.
(b)Repeal of obsolete income tax provisions
(1)In generalExcept as provided in paragraph (2), chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. (2)ExceptionsParagraph (1) shall not apply to—
(A)sections 1, 11, and 63 of such Code, as amended by this Act, (B)those provisions of chapter 1 of such Code which are necessary for determining whether or not—
(i)retirement distributions are includible in the gross income of employees, or (ii)an organization is exempt from tax under such chapter, and
(C)subchapter D of such chapter 1 (relating to deferred compensation). 107.Effective dateExcept as otherwise provided in this title, the amendments made by this title shall apply to taxable years beginning after December 31, 2021.
IISupermajority required for tax changes
201.Supermajority required
(a)In generalIt shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that— (1)increases any Federal income tax rate,
(2)creates any additional Federal income tax rate, (3)reduces the standard deduction, or
(4)provides any exclusion, deduction, credit, or other benefit which results in a reduction in Federal revenues. (b)Waiver or suspensionThis section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn.


		II
		111th CONGRESS
		1st Session
		S. 2196
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mr. Specter (for himself
			 and Mr. Casey) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on powdered ion exchange
		  resin comprising a copolymer of styrene crosslinked with divinylbenzene,
		  sulphonic acid, sodium form.

		1.Powdered ion exchange resin
			 comprising a copolymer of styrene crosslinked with divinylbenzene, sulphonic
			 acid, sodium form
			(a)In
			 generalHeading 9902.02.34 of the Harmonized Tariff Schedule of
			 the United States (relating to powdered ion exchange resin comprising a
			 copolymer of styrene crosslinked with divinylbenzene, sulphonic acid, sodium
			 form) is amended to read as follows:

								9902.02.34Powdered ion exchange resin comprised of a copolymer of
						styrene, cross linked with divinyl-benzene, further reacted to provide sulfonic
						acid functionality (sodium form), having a nominal particle size of 0.075 mm to
						0.150 mm, dried to a moisture content of not more than 10% (CAS No. 63182–08–1)
						(provided for in subheading 3914.00.60)FreeNo
						changeNo changeOn or before 12/31/2011

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


116 S3157 IS: Superfund Polluter Pays Restoration Act of 2020
U.S. Senate
2020-01-08
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.

II116th CONGRESS2d SessionS. 3157IN THE SENATE OF THE UNITED STATESJanuary 8, 2020Mr. Booker introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to reinstate the financing for the Hazardous Substance
			 Superfund, and for other purposes.

 1.Short titleThis Act may be cited as the Superfund Polluter Pays Restoration Act of 2020.
		2.Extension and modification of Superfund excise taxes
 (a)ExtensionSubsection (e) of section 4611 of the Internal Revenue Code of 1986 is amended to read as follows:  (e)Application of hazardous substance superfund financing rateThe Hazardous Substance Superfund financing rate under this section shall apply after December 31, 1986, and before January 1, 1996, and after the date that is 60 days after the date of the enactment of the Superfund Polluter Pays Restoration Act of 2020..
			(b)Modification of Hazardous Substance
			 Superfund financing rate
 (1)In generalSection 4611(c)(2)(A) of such Code is amended by striking 9.7 cents and inserting 15.8 cents.
 (2)Inflation adjustmentSection 4611(c) of such Code is amended by adding at the end the following new paragraph:

						(3)Adjustment for inflation
 (A)In generalIn the case of any taxable year beginning after December 31, 2019, the amount under paragraph (2)(A) shall be increased by an amount equal to—
 (i)such amount, multiplied by (ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2018 for calendar year 1992 in subparagraph (A)(ii) thereof.
 (B)RoundingIf any increase determined under this paragraph is not a multiple of 0.1 cents, such increase shall be rounded to the next lowest multiple of 0.1 cents..
				(c)Modification of rate of tax on certain
 chemicalsSection 4661(b) of the Internal Revenue Code of 1986 is amended to read as follows:

					(b)Amount of tax
 (1)In generalThe amount of tax imposed by subsection (a) shall be determined in accordance with the following table:In the case of:The tax is the following amount per ton:Acetylene$11.78Benzene11.78Butane11.78Butylene11.78Butadiene11.78Ethylene11.78Methane8.32Napthalene11.78Propylene11.78Toluene11.78Xylene11.78Ammonia6.39Antimony10.77Antimony trioxide9.07Arsenic10.77Arsenic trioxide8.25Barium sulfide5.56Bromine10.77Cadmium10.77Chlorine6.53Chromium10.77Chromite3.68Potassium dichromate4.09Sodium dichromate4.52Cobalt10.77Cupric sulfate4.52Cupric oxide8.69Cuprous oxide9.60Hydrochloric acid0.70Hydrogen fluoride10.23Lead oxide10.02Mercury10.77Nickel10.77Phosphorus10.77Stannous chloride6.90Stannic chloride5.13Zinc chloride5.37Zinc sulfate4.60Potassium hydroxide0.53Sodium hydroxide0.68Sulfuric acid0.63Nitric acid0.58.
						(2)Adjustment for inflation
 (A)In generalIn the case of any taxable year beginning after December 31, 2019, each of the dollar amounts in the table in paragraph (1) shall be increased by an amount equal to—
 (i)such amount, multiplied by (ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which such taxable year begins by substituting calendar year 2018 for calendar year 1992 in subparagraph (A)(ii) thereof.
 (B)RoundingIf any increase determined under this paragraph is not a multiple of $0.01, such increase shall be rounded to the next lowest multiple of $0.01..
 (d)Effective dateThe amendments made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act.
			3.Clarification of definition of crude oil for excise tax purposes
			(a)Definition of
 crude oilParagraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows:

 (1)Crude oilThe term crude oil includes crude oil condensates, natural gasoline, any bitumen or bituminous mixture, any oil derived from a bitumen or bituminous mixture (including oil derived from tar sands), and any oil derived from kerogen-bearing sources (including oil derived from oil shale)..
			(b)Effective
 dateThe amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act.
			4.Use of Hazardous Substance Superfund for cleanup
 (a)Availability of amountsSection 111 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9611) is amended—
 (1)in subsection (a) by striking For the purposes specified and all that follows through for the following purposes: and inserting the following: The amount in the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986 shall be available, without further appropriation, to be used for the purposes specified in this section. The President shall use such amount for the following purposes:; and
 (2)in subsection (c)— (A)by striking Subject to such amounts as are provided in appropriations Acts, the each place it appears and inserting The; and
 (B)in paragraph (12) by striking to the extent that such costs and all that follows through and 1994. (b)Amendment to the Internal Revenue CodeSection 9507 of the Internal Revenue Code of 1986 is amended—
 (1)in subsection (c)(1)— (A)by striking , as provided in appropriations Acts,; and
 (B)by striking the Superfund Amendments and Reauthorization Act of 1986 in subparagraph (A)(i) thereof and inserting the Superfund Polluter Pays Restoration Act of 2020; and (2)in subsection (d)(3), by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B).


		II
		112th CONGRESS
		2d Session
		S. 3426
		IN THE SENATE OF THE UNITED STATES

			July 24, 2012
			Mr. Merkley (for
			 himself, Mr. Udall of New Mexico, and
			 Mr. Durbin) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Banking, Housing, and Urban
			 Affairs

		A BILL
		To amend the Truth in Lending Act to address certain
		  issues related to the extension of consumer credit, and for other
		  purposes.

		1.Short
			 titleThis Act may be cited as
			 the Stopping Abuse and Fraud in
			 Electronic Lending Act of 2012 or the SAFE Lending Act of 2012.
		2.Consumer control
			 over bank accounts
			(a)Prohibiting
			 unauthorized remotely created checksSection 905 of the
			 Electronic Fund Transfer Act (15 U.S.C. 1693c) is amended by adding at the end
			 the following:

					(d)Limitations on
				remotely created checks
						(1)In
				generalSubject to the limitations set forth under paragraph (2)
				and any additional limitations that the Bureau may establish, by rule, a
				remotely created check may only be issued by a person designated in writing by
				the consumer, such designation specifically provided in writing by the consumer
				to the insured depository institution at which the consumer maintains the
				account from which the check is to be drawn.
						(2)Additional
				limitations
							(A)In
				generalAn authorization provided under paragraph (1) may be
				revoked at any time by the consumer.
							(B)Consumer
				financial protection lawsNo payment order, including a remotely
				created check, may be issued by any person in response to the exercise of, or
				attempt to exercise, any rights by a consumer under any Federal consumer
				financial law (as defined in section 1002(14) of the Consumer Financial
				Protection Act of 2010 (12 U.S.C. 5481(14))) or any other provision of any law
				or regulation within the jurisdiction of the Bureau.
							(3)Remotely
				created check definedFor purposes of this subsection, the term
				remotely created check means a check (including paper and
				electronic checks and any other payment order that the Bureau, by rule,
				determines is appropriately covered by this subsection) that—
							(A)is not created by
				the financial institution that holds the customer account from which the check
				is to be paid; and
							(B)does not bear a
				signature applied, or purported to be applied, by the person from whose account
				the check is to be
				paid.
							.
			(b)Consumer
			 Protections for Certain One-Time Electronic Fund
			 TransfersSection 913 of the Electronic Fund Transfer Act (15
			 U.S.C. 1693k) is amended—
				(1)by inserting
			 (a)
			 In general.— before No person;
				(2)striking
			 preauthorized electronic fund transfers and inserting an
			 electronic fund transfer; and
				(3)by adding at the
			 end the following:

						(b)Treatment for
				electronic fund transfers in credit extensionsIf a consumer
				voluntarily agrees to repay an extension of small-dollar consumer credit
				transaction (as defined in section 140B(b) of the Truth in Lending Act) by
				means of an electronic fund transfer, such electronic fund transfer shall be
				treated as a preauthorized electronic fund transfer subject to the protections
				of this
				title.
						.
				3.Consistent
			 application of law for small-dollar lendingChapter 2 of the Truth in Lending Act (15
			 U.S.C. 1601 et seq.) is amended by adding at the end the following:

				140B.Consistent
				application of law for small-dollar lending
					(a)In
				generalNotwithstanding any other provision of law or any
				agreement between the parties to a transaction, and except to the extent that
				Federal or tribal law affords greater protection to the consumer, any
				small-dollar consumer credit transaction made over the Internet, telephone,
				facsimile, mail, electronic mail, or other electronic communication and any
				small-dollar consumer credit transaction conducted by an insured depository
				institution (as defined in section 3 of the Federal Deposit Insurance Act)
				shall comply with the laws of the State in which the consumer resides with
				respect to annual percentage rates, interest, fees, charges, and such other
				similar or related matters as the Bureau may, by rule, determine.
					(b)DefinitionAs
				used in this section, the term small-dollar consumer credit
				transaction means any transaction that extends, facilitates, brokers,
				arranges, or gathers applications for credit that is—
						(1)made to a
				consumer in an amount of not more than $5,000, or such greater amount as the
				Bureau may, by rule, determine, such amount to be adjusted annually to reflect
				changes in the Consumer Price Index for all urban consumers published by the
				Department of Labor; and
						(2)extended pursuant
				to an agreement that is—
							(A)other than an
				open-end credit plan and is payable in one or more installments of less than 12
				months (or such longer period as the Bureau may, by rule, determine);
							(B)an open-end
				credit plan in which each advance is fully repayable within a defined time or
				in connection with a defined event, or both; or
							(C)such other plan
				as the Bureau determines, by
				rule.
							.
		4.Prohibition on
			 lead generation and anonymity in small-dollar consumer credit
			 transactionsChapter 2 of the
			 Truth in Lending Act (15 U.S.C. 1601 et seq.), as amended by this Act, is
			 amended by adding at the end the following:

				140C.Prohibition
				on lead generation and anonymity in small-dollar consumer credit
				transactions
					(a)Identification
				informationAny person engaged in the business of facilitating,
				brokering, arranging, gathering applications for, distributing sensitive
				personal financial information, or extending credit in connection with
				small-dollar consumer credit transactions shall prominently disclose
				information by which they may be contacted or identified, including for service
				of process and for identification of the registrant of any domain name
				registered or used.
					(b)Prohibition on
				lead generation in small-Dollar consumer credit transactionsNo
				person may engage in the business of facilitating, brokering, arranging,
				gathering applications for, or distributing sensitive personal financial
				information in connection with small-dollar consumer credit transactions,
				unless the person is directly extending the small-dollar consumer credit to the
				consumer.
					(c)DefinitionsFor
				purposes of this section—
						(1)the term
				sensitive personal financial information means the consumer's
				Social Security number, financial account number, bank routing number, bank
				account number, or any required security or access code that are immediately
				necessary to permit access to the financial account of an individual;
				and
						(2)the term
				small-dollar consumer credit transaction has the same meaning as
				in section 140B(b).
						(d)Rule of
				construction
						(1)In
				generalNothing in this section may be interpreted to limit the
				authority of the Bureau to further restrict activities covered by this
				section.
						(2)ClarificationIt
				shall not be considered facilitating in connection with
				small-dollar consumer credit transactions to be engaged solely in—
							(A)the provision of
				a telecommunications service, or of an Internet access service or Internet
				information location tool (as those terms are defined in section 231 of the
				Communications Act of 1934 (47 U.S.C. 231)); or
							(B)the transmission,
				storage, retrieval, hosting, formatting, or translation (or any combination
				thereof) of a communication, without selection or alteration of the content of
				the communication, except that deletion of a particular communication or
				material made by another person in a manner consistent with section 230(c) of
				the Communications Act of 1934 (47 U.S.C. 230(c)).
							(e)Civil liabilityViolations of this section shall be subject
				to the civil liability provisions of section 130, and any person who violates
				this section shall be treated as a creditor for purposes of section
				130.
					.
		5.Enhanced
			 enforcement authority against certain Internet lendingThe Truth in Lending Act (15 U.S.C. 1601 et
			 seq.) is amended by inserting after section 108 the following:

				108A.Enhanced
				enforcement authority against certain Internet lending
					(a)DefinitionsIn
				this section, the following definitions shall apply:
						(1)ComplainantThe
				term complainant means a State attorney general or State or tribal
				agency with enforcement authority over prohibited activity who files a
				complaint with the Bureau under subsection (d).
						(2)Covered
				offshore person
							(A)In
				generalThe term covered offshore person means a
				person (and if such person is not known, the Internet site or other electronic
				representation of such person, such as a telephone number, text message
				service, or mobile application) that—
								(i)conducts business
				directed to residents of the United States;
								(ii)does not have a
				domain name that is registered or assigned by a domain name registrar, domain
				name registry, or other domain name registration authority that is located
				within a judicial district of the United States; and
								(iii)is not operated
				by an entity that is located within a judicial district of the United
				States.
								(B)Business
				directed to residents of the United StatesFor purposes of making
				a determination under subparagraph (A)(i), the Bureau may consider, among other
				indicators, whether—
								(i)the person
				extends, facilitates, brokers, arranges, or gathers applications for credit to
				persons located in the United States;
								(ii)the person has
				reasonable measures in place to prevent its services from being accessed from
				or delivered to the United States; and
								(iii)any prices for
				goods and services provided are indicated in the currency of the United
				States.
								(3)Covered onshore
				personThe term covered onshore person means a State
				government or an Indian tribe.
						(4)Covered
				personThe term covered person means a covered
				offshore person and covered onshore person.
						(5)Federal
				consumer financial lawThe term Federal consumer financial
				law has the same meaning as in section 1002 of the Consumer Financial
				Protection Act of 2010 (12 U.S.C. 5481).
						(6)Financial
				transaction provider
							(A)In
				generalExcept as provided in subparagraph (B), the term
				financial transaction provider has the same meaning as in
				section 5362(4) of title 31, United States Code.
							(B)ExceptionThe
				term financial transaction provider does not include an Internet
				service platform or an affiliate of an Internet service platform.
							(7)Indian
				tribeThe term Indian tribe has the same meaning as
				in section 4 of the Indian Self-Determination and Education Assistance Act (25
				U.S.C. 450b).
						(8)Internet
				service platformThe term Internet service platform
				means an interactive digital service the provider of which—
							(A)does not act
				merely as a payment intermediary between a user and a supplier of goods or
				services; and
							(B)provides
				additional services to facilitate interaction between users unrelated to
				purchases from suppliers of goods and services.
							(9)Internet
				siteThe term Internet site means the collection of
				digital assets, including links, indexes, or pointers to digital assets,
				accessible through the Internet that are addressed relative to a common domain
				name.
						(10)OperatorThe
				term operator, when used in connection with an Internet site,
				includes any person with authority to operate the Internet site.
						(11)OwnerThe
				term owner, when used in connection with an Internet site,
				includes any owner of a majority interest in the Internet site.
						(12)State consumer
				financial lawThe term State consumer financial law
				means a provision of State law that either constitutes a State consumer
				financial law as that term is defined in section 5136C of title LXII of
				the Revised Statutes of the United States (12 U.S.C. 21 et seq.), or prohibits
				unfair or deceptive acts or practices.
						(b)Applicability
				of sectionIt shall be a violation of this section for a covered
				person to violate a Federal, State, or tribal consumer financial law.
					(c)Investigation
				of violations by Bureau
						(1)In
				generalThe Bureau—
							(A)may investigate
				any alleged violation of subsection (b) on its own initiative; and
							(B)shall—
								(i)review any
				alleged violation of subsection (b) upon receiving a complaint filed under
				subsection (d); and
								(ii)adjudicate and
				otherwise investigate and respond to such complaint, as appropriate.
								(2)ConsultationsIn
				taking action under paragraph (1), the Bureau shall, as the Bureau determines
				appropriate, consult with and seek advice and information from the Attorney
				General of the United States, the Federal Trade Commission, the International
				Trade Commission (in any case involving a covered offshore person), the Bureau
				of Indian Affairs (in the case of matters involving an Indian tribe), federally
				recognized Indian tribes (in the case of rulemakings involving Indian tribes),
				and such other agencies and officials as the Bureau considers
				appropriate.
						(3)Limitation on
				investigations of domain names; consent to jurisdiction
							(A)In
				generalSubject to subparagraphs (B) and (C) and such limitations
				as the Bureau may, by rule, determine, the Bureau shall terminate, or not
				initiate, an investigation or adjudication under paragraph (1) with respect to
				a covered person—
								(i)if the covered
				person provides to the public and to the Bureau—
									(I)the name of an
				individual authorized to receive process on behalf of the covered
				person;
									(II)an address at
				which process may be served;
									(III)a telephone
				number at which the individual described in clause (i) may be contacted;
				and
									(IV)a statement that
				the covered person consents to the jurisdiction and venue of the United States
				district courts with respect to a violation of the relevant consumer lending
				laws.
									(B)Acceptance of
				jurisdictionIn the event of the filing of any civil action in
				the appropriate United States district court for a violation of State or tribal
				consumer lending laws, the covered person shall accept service and waive, in a
				timely manner, any objections to jurisdiction, as set forth in the statement
				described in subparagraph (A)(iv).
							(C)InvestigationsAny
				limitations on investigations under this paragraph shall not apply if—
								(i)any of the
				information provided by the covered person is inaccurate in any way; or
								(ii)at any point,
				the covered person fails to respond to or abide by any order or request of the
				relevant court.
								(4)Rule of
				constructionIt shall not be considered a violation of this
				section to be engaged solely in—
							(A)the provision of
				a telecommunications service, or of an Internet access service or Internet
				information location tool (as those terms are defined in section 231 of the
				Communications Act of 1934 (47 U.S.C. 231)); or
							(B)the transmission,
				storage, retrieval, hosting, formatting, or translation (or any combination
				thereof) of a communication, without selection or alteration of the content of
				the communication, except that deletion of a particular communication or
				material made by another person in a manner consistent with section 230(c) of
				the Communications Act of 1934 (47 U.S.C. 230(c)).
							(d)Complaints
						(1)In
				generalA complaint alleging, under oath, that a covered person
				is in violation of subsection (b) may be filed with the Bureau.
						(2)Notice with
				respect to offshore persons
							(A)In
				generalUpon filing a complaint under paragraph (1), if the
				identity of the subject covered offshore person is not known, but the Internet
				site or other electronic representation is known, the complainant shall send a
				notice of the violation alleged in the complaint to the registrant of the
				domain name of the Internet site (or relevant operator of the electronic
				representation) alleged to be operated or maintained in violation of subsection
				(b)—
								(i)at the postal and
				e-mail addresses appearing in the applicable publicly accessible database of
				registrations, if any, to the extent such addresses are reasonably
				available;
								(ii)via the postal
				and e-mail addresses of the registrar, registry, or other domain name
				registration authority that registered or assigned the domain name (or relevant
				electronic representation), to the extent such addresses are reasonably
				available; and
								(iii)in any other
				such form as the Bureau finds necessary.
								(B)Rule of
				constructionFor purposes of this subsection, the actions
				described in this subparagraph shall constitute service of process.
							(3)Identification
				of, and notice to, entities that may be required to take action pursuant to
				this section
							(A)IdentificationA
				complaint filed under paragraph (1) shall identify any financial transaction
				provider that may be required to take measures described in subsection (g)(2)
				if the Bureau issues an order under subsection (f) with respect to the
				complaint and the order is served on the provider or service pursuant to
				subsection (g)(1).
							(B)NoticeUpon
				filing a complaint under paragraph (1), the complainant shall provide notice to
				any financial transaction provider identified in the complaint pursuant to
				subparagraph (A) or any amendments to the complaint.
							(C)Intervention
								(i)In
				generalA financial transaction provider or identified in a
				complaint pursuant to subparagraph (A) may intervene upon timely request filed
				with the Bureau in—
									(I)an investigation
				initiated under subsection (c) pursuant to the complaint; or
									(II)pursuant to
				subsection (f)(3), an action to modify, suspend, or vacate an order issued
				pursuant to the complaint.
									(ii)Rule of
				constructionFailure to intervene under clause (i) in an
				investigation under subsection (c) does not preclude a financial transaction
				provider notified of the investigation from subsequently seeking an order to
				modify, suspend, or vacate an order issued by the Bureau under subsection
				(f).
								(e)Determinations
						(1)In
				generalUnless waived in writing by the covered person, the
				Bureau shall determine, with respect to each investigation initiated under
				subsection (c) and not otherwise terminated subject to the provisions of this
				section, whether the covered person under investigation is in violation of
				subsection (b).
						(2)Effective
				dateA determination made under paragraph (1) shall take effect
				on the date on which the Bureau publishes the determination in the Federal
				Register.
						(3)Electronic
				submission of information and proceedingsThe Bureau may, in
				making any determination under this section—
							(A)allow the
				submission of information electronically; and
							(B)hold hearings
				electronically or obtain testimony or other information electronically or by
				such means as the Bureau determines allows participation in proceedings under
				this section at as low a cost as possible to participants in the
				proceedings.
							(f)Cease and
				desist orders
						(1)In
				generalIf the Bureau determines under subsection (e) that a
				covered person is in violation of subsection (b), in addition to any actions
				which the Bureau may otherwise take, the Bureau may—
							(A)issue an order to
				cease and desist from the violation of subsection (b) to the covered person
				(and if the identity of the subject covered offshore person is not known, to
				the relevant Internet site and to the owner and the operator of the Internet
				site or relevant electronic representation); and
							(B)cause the order
				to be served on the covered person.
							(2)Temporary and
				preliminary cease and desist orders
							(A)Petition by
				complainantA complainant may file with the Bureau a petition, in
				accordance with this paragraph, for the issuance of a temporary or preliminary
				order.
							(B)Opportunity to
				be heard
								(i)In
				generalBefore issuing a temporary or preliminary cease and
				desist order under this paragraph, the Bureau shall provide to any person
				(including any applicable Internet site or electronic representation and the
				owner and the operator of such Internet site or electronic representation)
				alleged to be in violation of subsection (b) an opportunity to be heard and to
				submit relevant information to the Bureau.
								(ii)Electronic
				submission of information and proceedingsThe Bureau may provide
				an opportunity to be heard and to submit information under clause (i)
				electronically or in such other manner as the Bureau determines
				appropriate.
								(C)Issuance of
				orderIf, upon receiving a petition under subparagraph (A) and
				after providing an opportunity to be heard under subparagraph (B), the Bureau
				determines that the covered person is in violation of subsection (b), in
				addition to any actions which the Director may otherwise take, the Bureau may
				issue a temporary or preliminary cease and desist order against, and cause the
				order to be served on the relevant person pursuant to paragraph (1).
							(D)Standard for
				reliefIf the Bureau issues a temporary or preliminary cease and
				desist order under this paragraph, the order shall be issued in a manner
				consistent with the provisions of rule 65 of the Federal Rules of Civil
				Procedure, or any successor thereto, relating to preliminary injunctions and
				temporary restraining orders.
							(E)Procedures for
				temporary cease and desist order
								(i)Expedited
				considerationUpon a showing of extraordinary circumstances by
				the complainant filing a petition for a temporary cease and desist order under
				subparagraph (A), the Bureau may make a determination with respect to the
				petition on an expedited basis.
								(ii)Expiration of
				order
									(I)In
				generalExcept as provided in subclause (II), a temporary cease
				and desist order issued under this paragraph shall expire at a time determined
				by the Bureau that is not later than 14 days after the issuance of the
				order.
									(II)Extension of
				orderThe Bureau may extend a temporary cease and desist order
				issued under this paragraph for additional periods of not more than 14 days for
				good cause or with the consent of the entity against which the order is
				issued.
									(F)Procedures for
				preliminary cease and desist order
								(i)In
				generalExcept as provided in clause (ii), the Bureau shall make
				a determination with respect to a petition for a preliminary cease and desist
				order not later than 30 days after the Bureau publishes notice of the
				initiation of an investigation under subsection (c) in the Federal
				Register.
								(ii)Extensions of
				time for determinationThe Bureau may extend the date by which
				the Bureau is required to make a determination under clause (i) with respect to
				a petition for a preliminary cease and desist order for an additional 30 days,
				if the Bureau—
									(I)determines that
				the petition presents a more complicated case; and
									(II)publishes in the
				Federal Register an explanation of why the Bureau determined that the case is
				more complicated under subclause (I).
									(3)Modification or
				revocation of orders
							(A)In
				generalAt any time after the issuance of an order under this
				subsection, a motion to modify, suspend, or vacate the order may be filed
				by—
								(i)any covered
				person, bound by the order;
								(ii)the owner or
				operator of any Internet site or electronic representation subject to the
				order;
								(iii)any domain name
				registrar or registry that has registered or assigned the domain name of the
				Internet site subject to the order; or
								(iv)a financial
				transaction provider on which a copy of an order has been served pursuant to
				paragraph (1) of subsection (g) requiring the provider or service to take
				action described in paragraph (2) of that subsection.
								(B)ReliefThe
				Bureau shall modify, suspend, or vacate an order, as appropriate, if the Bureau
				determines that—
								(i)the subject to
				the order is no longer, or never was in violation of subsection (b); or
								(ii)the interests of
				justice require that the order be modified, suspended, or vacated.
								(C)ConsiderationIn
				making a determination under subparagraph (B), the Bureau may consider whether
				any domain name of an Internet site (or the relevant electronic representation)
				subject to the order has expired or has been re-registered by a different
				entity.
							(4)Amendment of
				ordersA complainant may petition the Bureau to amend an order
				issued under this subsection if any relevant Internet site or electronic
				representation determined under subsection (e) to be in violation of
				subparagraph (B) is accessible or has been reconstituted at a different domain
				name.
						(5)Opportunity to
				be heard for certain entitiesBefore the Bureau issues an order
				under this subsection or modifies, suspends, vacates, or amends such an order
				under paragraph (3) or (4), a financial transaction provider that intervened
				pursuant to subsection (d)(3) in an investigation or action relating to the
				order shall have an opportunity to be heard before the Bureau with respect to
				whether the Bureau should issue the order and the scope of relief available
				under the order or whether the Bureau should modify, suspend, vacate, or amend
				the order, as the case may be.
						(6)Expiration of
				orders with respect to internet siteAn order issued under this
				subsection against an Internet site (or relevant electronic representation)
				shall cease to have any force or effect upon expiration of the registration of
				the domain name of the Internet site (or relevant electronic
				representation).
						(g)Required
				actions based on bureau orders
						(1)In
				generalIf the Bureau reasonably believes that a financial
				transaction provider identified in a complaint pursuant to subsection (d)(3),
				or any amendment to the complaint, supplies services to the covered person that
				is subject to the order issued under subsection (f) with respect to the
				complaint—
							(A)the Bureau may
				give permission to the complainant to serve a copy of the order on the
				financial transaction provider;
							(B)if the Bureau
				gives permission to the complainant under subparagraph (A), the complainant
				shall file proof of service with the Bureau; and
							(C)upon receiving a
				copy of the order pursuant to subparagraph (A), the financial transaction
				provider shall implement the measures described in paragraph (2).
							(2)Measures to be
				implemented by financial transaction providers
							(A)In
				generalSubject to subparagraph (B), a financial transaction
				provider shall, as expeditiously as is reasonable, take reasonable and
				technically feasible measures, as expeditiously as reasonable, designed to
				prevent or prohibit the completion of payment transactions by the provider that
				involve customers located in the United States and the covered person
				(including the relevant Internet site or electronic representation) subject to
				the order issued under subsection (f).
							(B)Limitations on
				measuresA financial transaction provider may not be required
				pursuant to subparagraph (A)—
								(i)to implement
				measures that are not commercially reasonable;
								(ii)to modify
				services or facilities of the provider to comply with the order issued under
				subsection (f); or
								(iii)to prevent or
				prohibit the completion of a payment transaction if the provider could not
				reasonably determine in advance whether the entity was using the Internet site
				subject to the order.
								(3)Communication
				with usersA financial transaction provider required to implement
				measures described in paragraph (2) shall determine how to communicate with the
				users or customers of the provider or service, as the case may be, with respect
				to those measures.
						(4)Rules of
				construction
							(A)Limitation on
				obligationsA financial transaction provider required to
				implement measures described in paragraph (2) shall not be required to take
				measures or actions in addition to the measures described in paragraph (2)
				pursuant to this section or an order issued under this section.
							(B)Manner of
				complianceA financial transaction provider required to implement
				measures described in paragraph (2) shall be in compliance with this subsection
				if the provider implements the measures described in that paragraph with
				respect to accounts of the provider, as of the date on which a copy of an order
				is served under paragraph (1) or, if applicable, the date on which the order is
				modified or amended under paragraph (3) or (4) of subsection (f).
							(5)Actions
				pursuant to bureau order
							(A)Immunity from
				civil actionsNo cause of action shall lie in any court against a
				financial transaction provider on which a copy of an order is served under
				paragraph (1), or against any director, officer, employee, or agent thereof,
				other than in an action pursuant to subsection (h), for—
								(i)any act
				reasonably designed to comply with this subsection or reasonably arising from
				the order; or
								(ii)any act,
				failure, or inability to meet the obligations under this subsection of the
				provider or service if the provider or service, as the case may be, makes a
				good faith effort to comply with such obligations.
								(B)Immunity from
				liabilityA financial transaction provider on which a copy of an
				order is served under paragraph (1), and any director, officer, employee, or
				agent thereof, shall not be liable to any person for any acts reasonably
				designed to comply with this subsection or reasonably arising from the order,
				other than in an action pursuant to subsection (h).
							(C)Immunity from
				actions of third partiesAn action taken by a third party to
				circumvent any measures implemented pursuant to an order served on a financial
				transaction provider under paragraph (1) may not be used by any person in any
				claim or cause of action against the provider or service, as the case may be,
				other than in an action pursuant to subsection (h).
							(h)Enforcement of
				orders
						(1)In
				generalIn order to compel compliance with this section, the
				Bureau and any State Attorney General (or other appropriate State or tribal
				entity) having enforcement authority over prohibited activity may bring an
				action for injunctive relief against any person subject to an order issued
				under subsection (f) or on which such an order is served under subsection (g)
				that fails to comply with the order.
						(2)Rule of
				constructionThe authority granted to the Bureau, State, and
				tribal authorities under paragraph (1) shall be the sole legal remedy for
				enforcing the obligations under subsection (g) of a financial transaction
				provider on which an order is served under paragraph (1) of that
				subsection.
						(3)Affirmative
				defensesA defendant in an action commenced under paragraph (1)
				may establish an affirmative defense by showing that the defendant does not
				have the technical means to comply with this section without incurring an
				unreasonable economic burden or that the order is inconsistent with this
				section. That showing shall serve as a defense only to the extent of the
				inability of the defendant to comply or to the extent of the
				inconsistency.
						(i)Sanctions for
				abuse of process and discoveryThe Bureau may, by rule, prescribe
				sanctions for abuse of process in a manner consistent with the provisions of
				rule 11 and rule 37 of the Federal Rules of Civil Procedure.
					(j)Immunity for
				enforcement of ordersNo cause of action shall lie in any court,
				no person may rely on any claim or cause of action, and no liability for
				damages to any person shall be granted, against a financial transaction
				provider for taking any action pursuant to subsection (g)(2).
					(k)Savings
				clauseNothing in this section, including subsection (c), may be
				construed to limit the authority or jurisdiction of the Bureau, any other
				Federal agency, or any State or tribe to review, regulate, investigate, enforce
				against, or otherwise restrict activities covered by this
				section.
					.
		6.StudiesNot later than 180 days after enactment of
			 this section, the Government Accountability Office (in this section referred to
			 as the GAO) shall conduct a study regarding the availability of
			 capital on reservations of Indian tribes (as such term is defined in section 4
			 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b))
			 and the impact that small-dollar consumer credit extended through Internet and
			 non-Internet means to members of Indian tribes has had on economic opportunity
			 and wealth for members of Indian tribes. In conducting the study, the GAO shall
			 consult, as appropriate, with the Bureau of Consumer Financial Protection, the
			 Board of Governors of the Federal Reserve System, the Bureau of Indian Affairs,
			 federally recognized Indian tribes, and community development financial
			 institutions operating in Indian lands. The report shall be presented to the
			 Committee on Banking, Housing, and Urban Affairs and the Committee on Indian
			 Affairs of the Senate and the Committee on Financial Services and the Committee
			 on Natural Resources of the House of Representatives.
		7.RulemakingNot later than 1 year after the date of
			 enactment of this Act, the Bureau shall adopt any final rules necessary to
			 implement the provisions of this Act and the amendments made by this
			 Act.


116 HR 8436 IH: Equal Health Care for All Act
U.S. House of Representatives
2020-09-29
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I116th CONGRESS2d SessionH. R. 8436IN THE HOUSE OF REPRESENTATIVESSeptember 29, 2020Mr. Schiff (for himself, Ms. Bass, Mr. Grijalva, Mr. Cooper, Mrs. Hayes, Mr. Khanna, Ms. Scanlon, Ms. Norton, and Ms. Lee of California) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, 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 prohibit discrimination in health care and require the provision of equitable health care, and for other purposes.1.Short titleThis Act may be cited as the Equal Health Care for All Act. 2.FindingsCongress finds the following:(1)In 1966, Martin Luther King, Jr., said, Of all the forms of inequality, injustice in health care is the most shocking and inhuman because it often results in physical death..(2)Inequality in health care remains a persistent and devastating reality for many communities, but, in particular, communities of color.(3)Unequal health care has complex causes, many stemming from systemic inequality in access to health care, housing, nutrition, economic opportunity, education, and other factors.(4)Health care outcomes for African-American communities in particular lag far behind those of the population as a whole.(5)Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, said on April 7, 2020, the coronavirus outbreak is shining a bright light on unacceptable health disparities in the African-American community.(6)A contributing factor in health disparities is explicit and implicit bias in the delivery of health care, resulting in inferior care and poorer outcomes for some patients on the basis of race or ethnicity.(7)The Institute of Medicine issued a report in 2002 titled Unequal Treatment, finding that racial and ethnic minorities receive lower-quality health care than Whites do, even when insurance status, income, age, and severity of condition is comparable.(8)Just as Congress has sought to eliminate bias, both explicit and implicit, in employment, housing, and other parts of our society, the elimination of bias and the legacy of structural racism in health care is of paramount importance.3.Data collection and reporting(a)Required reporting(1)In generalThe Secretary of Health and Human Services, in consultation with Director of the National Institutes of Health, the Director of the Centers for Medicare & Medicaid Services, the Director of the Agency for Healthcare Research and Quality, the Deputy Assistant Secretary for Minority Health, and the Director of the National Center for Health Statistics, shall by regulation require all health care providers and facilities that are required under other provisions of law to report data on health outcomes to the Department of Health and Human Services to disaggregate such data by demographic characteristics, including by race, ethnicity, sex, sexual orientation, disability status, gender identity, age, and any other factor that the Secretary determines would be useful for determining a pattern of inequitable health care.(2)Proposed regulationsNot later than 90 days after the date of enactment of this Act, the Secretary of Health and Human Services shall issue proposed regulations to carry out paragraph (1).(b)RepositoryThe Secretary of Health and Human Services shall—(1)not later than 1 year after the date of enactment of this Act, establish a repository of the disaggregated data reported pursuant to subsection (a);(2)subject to paragraph (3), make the data in such repository publicly available; and(3)ensure that such repository does not contain any data that is individually identifiable.4.Requiring equitable health care in the hospital value-based purchasing program(a)Equitable health care as value measurementSection 1886(b)(3)(B)(viii) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)) is amended by adding at the end the following new subclause:(XIII)(aa)Effective for payments beginning with fiscal year 2022, in expanding the number of measures under subclause (III), the Secretary shall adopt measures that relate to equitable health care furnished by hospitals in inpatient settings.(bb)In carrying out this subclause, the Secretary shall solicit input and recommendations from individuals and groups representing communities of color and ensure measures adopted pursuant to this subclause account for social determinants of health care outcomes.(cc)For purposes of this subclause, the term equitable health care refers to the principle that quality of care provided to an individual shall not vary on account of the real or perceived race, ethnicity, sex, sexual orientation, disability status, gender identity, or age of such individual..(b)Inclusion of equitable health care measuresSection 1886(o)(2)(B) of the Social Security Act (42 U.S.C. 1395ww(o)(2)(B)) is amended by adding at the end the following new clause:(iv)Inclusion of equitable health care measuresBeginning in fiscal year 2021, measures selected under subparagraph (A) shall include the equitable health care measures described under subsection (b)(3)(B)(viii)(XIII)..5.Provision of inequitable health care as a basis for permissive exclusion from Medicare and State health care programsSection 1128(b) of the Social Security Act (42 U.S.C. 1320a–7(b)) is amended by adding at the end the following new paragraph:(18)Provision of inequitable health careAny individual or entity that the Secretary determines has engaged in a pattern of providing inequitable health care (as defined in section 7 of the Equality in Health Care for All Act) on the basis of race, ethnicity, sex, sexual orientation, disability status, gender identity, age, or any other protected class. .6.Office of Civil Rights and Health Equity of the Department of Health and Human Services(a)Name of officeThe Office for Civil Rights of the Department of Health and Human Services shall, beginning on the date of enactment of this Act, be known as the Office of Civil Rights and Health Equity. Any reference to the Office for Civil Rights in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Office of Civil Rights and Health Equity.(b)Head of officeThe head of the Office of Civil Rights and Health Equity shall be the Assistant Secretary for Civil Rights and Health Equity, to be appointed by the President with advice and consent of the Senate. Any reference to the head of the Office for Civil Rights of the Department of Health and Human Services in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Assistant Secretary for Civil Rights and Health Equity.7.Prohibiting discrimination in health care(a)In generalNo health care provider or entity providing health care may, on the basis of race, ethnicity, sex, sexual orientation, disability status, gender identity, age, subject another to inequitable health care.(b)DefinitionIn this section, the term inequitable health care means any service provided by a health care provider or entity providing health care that—(1)is discriminatory in intent or effect; and(2)results in a disparate outcome for an individual based at least in part on their membership in a protected class.8.Administrative complaint and conciliation process(a)Complaints and answers(1)In generalAn aggrieved person may, not later than one year after an alleged violation of section 7 has occurred or terminated, file a complaint with the Assistant Secretary alleging discriminatory health care by a health care provider. (2)ComplaintA complaint submitted pursuant to paragraph (1) shall be in writing and shall contain such information and be in such form as the Assistant Secretary requires.(3)ProcedureUpon the filing of such a complaint—(A)the Assistant Secretary shall serve notice upon the aggrieved person acknowledging receipt of such filing and advising the aggrieved person of the time limits and procedures provided under this section and sections 9 and 10;(B)the Assistant Secretary shall, not later than 10 days after receipt of such filing serve on the respondent alleged to have provided discriminatory care a notice of the complaint and advise the provider of the procedural rights and obligations of respondents under this section and sections 9 and 10, together with a copy of the original complaint; (C)a respondent may file, not later than 30 days after receipt of notice from the Assistant Secretary, an answer to such complaint;(D)the Assistant Secretary shall make an investigation of the alleged discriminatory health care practice and complete such investigation within 100 days after the filing of the complaint, unless it is impracticable to do so; and(E)the Assistant Secretary shall notify State licensing authorities with authority over the respondent of the complaint and provide a copy of the complaint and the final disposition of the complaint. (4)InvestigationIf the Assistant Secretary is unable to complete the investigation within 100 days after the filing of the complaint (or, when the Secretary takes further action under subsection (f)(2) with respect to a complaint, within 100 days after the commencement of such further action), the Assistant Secretary shall notify the complainant and respondent in writing of the reasons for not doing so. (5)Oath or affirmationComplaints and answers shall be under oath or affirmation, and may be reasonably and fairly modified at any time.(6)Pattern of careIn the course of investigating a complaint, the Assistant Secretary may seek records of care provided to patients other than the complainant if necessary to demonstrate or disprove an allegation of inequitable health care.(7)Accounting for social determinants of healthIn investigating a complaint and reaching a determination, the Assistant Secretary shall account for social determinants of health and their effect on health care outcomes.(b)Investigative report and conciliation(1)ConciliationDuring the period beginning with the filing of such complaint and ending with the resolution of a complaint or a dismissal by the Assistant Secretary, the Assistant Secretary shall, to the extent feasible, engage in conciliation with respect to such complaint.(2)Conciliation agreementA conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the Assistant Secretary.(3)Rights protectedThe Assistant Secretary shall approve a conciliation agreement only if it protects the rights of the aggrieved person and other persons similarly situated.(4)Publicly available(A)In generalSubject to subparagraph (B), a redacted copy of a conciliation agreement entered into pursuant to this section shall be made available to the public unless the complainant and respondent otherwise agree, and the Secretary determines, that disclosure is not required to further the purposes of this section.(B)LimitationA conciliation agreement that is made available to the public pursuant to subparagraph (A) may not disclose personally identifiable information or individually identifiable health information.(5)Report(A)Final reportAt the end of each investigation under this section, the Assistant Secretary shall prepare a final investigative report.(B)Modification of reportA final report under this paragraph may be modified if additional evidence is later discovered.(c)Failure To comply with conciliation agreementWhenever the Assistant Secretary has reasonable cause to believe that a health care provider has breached a conciliation agreement, the Assistant Secretary shall refer the matter to the Attorney General for consideration of the filing of a civil action for the enforcement of such agreement.(d)Prohibitions and requirements with respect to disclosure of information(1)Written consent for disclosureNothing said or done in the course of conciliation under this section may be made public or used as evidence in a subsequent proceeding under this section or section 9 or 10 without the written consent of the persons concerned.(2)Investigation disclosuresNotwithstanding paragraph (1), the Assistant Secretary shall make available to the aggrieved person and the respondent, at any time, upon request following completion of the Assistant Secretary’s investigation, information derived from an investigation and any final investigative report relating to that investigation.(e)Prompt judicial action(1)In generalIf the Assistant Secretary concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this section or section 9 or 10, the Assistant Secretary may recommend that the Attorney General promptly commence an action. (2)Immediate suitIf the Assistant Secretary determines that the public interest would be served by allowing the complainant to bring a civil action in a State or Federal court immediately, the Assistant Secretary shall certify that the administrative process has concluded and that the complainant may file such a suit immediately. (f)Annual reportNot later than 1 year after the date of the enactment of this Act, and annually thereafter, the Assistant Secretary shall make publicly available a report detailing the activities of the Office under this section, including—(1)the number of complaints filed and the basis on which they were filed;(2)the number of investigations undertaken as a result of such complaints; and(3)the disposition of all investigations.(g)DefinitionsIn this section and sections 9 and 10: (1)Assistant SecretaryThe term Assistant Secretary refers to the Assistant Secretary of Health and Human Services for Civil Rights and Health Equity.(2)Aggrieved personThe term aggrieved person means a person who believes that they were injured by a violation of section 7, or the personal representative or estate of the deceased person. (3)ConciliationThe term conciliation means the attempted resolution of issues raised by a complaint, or by the investigation of such complaint, through informal negotiations involving the aggrieved person, the respondent, and the Secretary.(4)Conciliation agreementThe term conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.(5)Individually identifiable health informationThe term individually identifiable health information means any information, including demographic information collected from an individual, that—(A)is created or received by a health care provider, health plan, employer, or health care clearinghouse; and(B)relates to the past, present, or future physical or mental health or condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual, and—(i)identifies the individual; or (ii)with respect to which there is a reasonable basis to believe that the information can be used to identify the individual.(6)Inequitable health careThe term inequitable health care has the meaning given the term under section 7.(7)Personally identifiable informationThe term personally identifiable information has the meaning given such term under the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996.(8)RespondentThe term respondent means the person or other entity accused in a complaint of a violation of section 7.9.Enforcement by private persons(a)In general(1)Civil action(A)In suitAn aggrieved person may commence a civil action to obtain appropriate relief with respect to an alleged violation of section 7 or an enforcement action for breach of a conciliation agreement in an appropriate United States district court or State court—(i)not later than 2 years after the occurrence or termination of the alleged violation; and(ii)not sooner than the earlier of the conclusion of the administrative process and 180 days after the alleged violation.(B)Statute of limitationsThe computation of such 2-year period shall not include any time during which an administrative proceeding under section 8 was pending with respect to a complaint under such section.(2)Barring suitIf the Assistant Secretary has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged violation of section 7 except for the purpose of enforcing the terms of such an agreement. (b)Relief which may be granted(1)In generalIn a civil action under subsection (a), if the court finds that a violation of section 7 or breach of a conciliation agreement has occurred, the court may award to the plaintiff actual and punitive damages, and may grant as relief, as the court deems appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from engaging in such practice or ordering such affirmative action as may be appropriate).(2)Fees and costsIn a civil action under subsection (a), the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the same extent as a private person.(c)Intervention by Attorney GeneralUpon timely application, the Attorney General may intervene in such civil action, if the Attorney General certifies that the case is of general public importance.10.Enforcement by the Attorney General(a)Pattern or practice casesWhenever the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern or practice that denies the rights specified in section 7 and such denial raises an issue of general public importance, the Attorney General may commence a civil action in any appropriate United States district court.(b)ConsultationThe Assistant Secretary may determine, based on a pattern of complaints, a pattern of violations, a review of data reported by a health care provider, or any others mean, that there is reasonable cause to believe a health care provider is engaged in a pattern or practice that denies the rights specified in section 7. If the Assistant Secretary makes such a determination, they shall refer their findings to the Attorney General.(c)Enforcement of subpoenasThe Attorney General, on behalf of the Assistant Secretary, or other party at whose request a subpoena is issued, under this section, may enforce such subpoena in appropriate proceedings in the United States district court for the district in which the person to whom the subpoena was addressed resides, was served, or transacts business.(d)Relief which may be granted in civil actions under subsections (a) and (b)(1)In generalIn a civil action under subsection (a) or (b), the court—(A)may award such preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation of section 7 as is necessary to assure the full enjoyment of the rights granted by this section and sections 8 and 9;(B)may award such other relief as the court deems appropriate, including monetary damages to persons aggrieved; and(C)may, to vindicate the public interest, assess a civil penalty against the respondent—(i)in an amount not exceeding $500,000, for a first violation; and(ii)in an amount not exceeding $1,000,000, for any subsequent violation.(2)Fees and costsIn a civil action under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee and costs. The United States shall be liable for such fees and costs to the extent provided by section 2412 of title 28, United States Code.(e)Intervention in civil actionsUpon timely application, any person may intervene in a civil action commenced by the Attorney General under subsection (a) or (b) which involves an alleged violation of section 7 with respect to which such person is an aggrieved person or a conciliation agreement to which such person is a party.11.Federal Health Equity Commission(a)Establishment of Commission(1)In generalThere is established the Federal Health Equity Commission (hereinafter in this section referred to as the Commission).(2)MembershipThe Commission shall be composed of 8 members. Not more than 4 of the members shall at any one time be of the same political party. Members shall have recognized expertise in and personal experience with racial and ethnic health disparities, health care needs of vulnerable and marginalized populations, and health equity as a vehicle for improving health status and health outcomes. Members shall be appointed to the commission as follows:(A)Four members of the Commission shall be appointed by the President.(B)Two members of the Commission shall be appointed by the President pro tempore of the Senate, upon the recommendations of the majority leader and the minority leader of the Senate, and of the members appointed pursuant to this subparagraph not more than one shall be appointed from the same political party.(C)Two members of the Commission shall be appointed by the Speaker of the House of Representatives upon the recommendations of the majority leader and the minority leader of the House of Representatives, and of the members appointed pursuant to this subparagraph not more than one shall be appointed from the same political party.(3)TermsThe term of office of each member of the Commission shall be 6 years.(4)Chairperson; Vice Chairperson(A)ChairpersonThe President shall, with the concurrence of a majority of the Commission’s members, designate a Chairperson from among the Commission’s members.(B)Vice Chairperson(i)DesignationThe Speaker of the House of Representatives shall, in consultation with the majority leader and the minority leader of the House of Representatives and with the concurrence of a majority of the Commission’s members, designate a Vice Chairperson from among the Commission’s members. The Vice Chairperson may not be a member of the same political party as the Chairperson.(ii)DutyThe Vice Chairperson shall act in place of the Chairperson in the absence of the Chairperson.(5)Removal of membersThe President may remove a member of the Commission only for neglect of duty or malfeasance in office.(6)QuorumFive members of the Commission constitute a quorum of the Commission.(7)Ex-officio membersIn addition to the members appointed under paragraph (2), the Commission shall have the following nonvoting ex officio members:(A)The Assistant Secretary for Civil Rights and Health Equity of the Department of Health and Human Services.(B)The Deputy Assistant Secretary for Minority Health of the Department of Health and Human Services.(C)The Director of the National Institute for Minority Health and Health Disparities.(D)The Chairperson of the Advisory Committee on Minority Health established under section 1707 of the Public Health Service Act (42 U.S.C. 300u–6).(b)Duties of the Commission(1)In generalThe Commission shall—(A)monitor and report on the implementation of the Equality in Health Care for All Act; and(B)investigate, monitor, and report on progress towards health equity and the elimination of health disparities.(2)Annual reportThe Commission shall—(A)submit to the President and Congress at least one report annually on health equity and health disparities; and(B)include in such report—(i)a description of actions taken by the Department of Health and Human Services and any other Federal agency related to health equity or health disparities; and(ii)recommendations on ensuring equal health care and eliminating health disparities.(3)Hearings and Authorities(A)Power to hold hearingsThe Commission may, for the purpose of carrying out this section, hold such hearings as the Commission deems advisable. Each member of the Commission shall have the power to administer oaths and affirmations in connection with the proceedings of the Commission. The Commission may hold a hearing only if the hearing is approved by a majority of the Commission, or by a majority of the members present at a meeting when a quorum is present.(B)Power to issue subpoenasThe Commission may issue subpoenas for the attendance of witnesses and the production of written or other matter.(C)Witness feesA witness attending any proceeding of the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.(D)Depositions and interrogatoriesThe Commission may use depositions and written interrogatories to obtain information and testimony about matters that are the subject of a Commission hearing or report.(c)Administrative Provisions(1)Staff(A)DirectorThere shall be a full-time staff director for the Commission who shall—(i)serve as the administrative head of the Commission; and(ii)be appointed by the Chairperson with the concurrence of the Vice Chairperson.(B)Other personnelThe Commission may—(i)appoint such other personnel as it deems advisable, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates; and(ii)may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not in excess of the daily equivalent paid for positions at the maximum rate for GS–15 of the General Schedule under section 5332 of title 5, United States Code.(2)Compensation of members(A)In generalEach member of the Commission who is not otherwise in the service of the Government of the United States shall receive a sum equivalent to the compensation paid at level IV of the Executive Schedule under section 5315 of title 5, United States Code, prorated on a daily basis for time spent in the work of the Commission.(B)Persons otherwise in government serviceEach member of the Commission who is otherwise in the service of the Government of the United States shall serve without compensation in addition to that received for such other service, but while engaged in the work of the Commission shall be paid actual travel expenses and per diem in lieu of subsistence expenses when away from such member’s usual place of residence, under subchapter I of chapter 57 of title 5, United States Code.(3)RulesThe Commission may make such rules as are necessary to carry out the purposes of this section.(4)CooperationAll Federal agencies shall cooperate fully with the Commission to the end that it may effectively carry out its functions and duties.(d)Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out the duties of the Commission for each of fiscal years 2021 through 2025.12.Grants for hospitals to promote equitable health care and outcomes(a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary) shall award grants to hospitals to promote equitable health care and reduce disparities in care and outcomes.(b)ConsultationIn establishing the criteria for grants under this section and evaluating applications for such grants, the Secretary shall consult with the Assistant Secretary for Civil Rights and Health Equity of the Department of Health and Human Services.(c)Use of fundsA hospital shall use funds received from a grant under this section to establish or expand programs to provide equal care to all patients and to ensure equitable health care outcomes. Such uses may include—(1)providing explicit and implicit bias training to medical providers and staff;(2)providing translation or interpretation services for patients;(3)recruiting and training a diverse workforce;(4)tracking data related to care and outcomes; and(5)training on cultural sensitivity.(d)PriorityIn awarding grants under this section, the Secretary shall give priority to hospitals that have received disproportionate share hospital payments under section 1886(r) of the Social Security Act (42 U.S.C. 1395ww) or section 1925 of such Act (42 U.S.C. 1396r–6) with respect to fiscal year 2020.(e)Supplement, not supplantGrants awarded under this section shall be used to supplement, not supplant, any other Federal funds provided to a recipient.(f)Equitable health care definedThe term equitable health care has the meaning given the term in section 1886(b)(3)(B)(viii)(XIII)(cc) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)(viii)(XIII)(cc)), as amended by this Act.(g)Authorization of appropriationsTo carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2021 through 2026.


I
111th CONGRESS
1st Session
H. R. 1524
IN THE HOUSE OF REPRESENTATIVES

March 16, 2009
Ms. Matsui introduced the following bill; which was referred to the Committee on Financial Services

A BILL
To allow flood insurance coverage under the national flood insurance program for new structures designed to protect public safety that are located in special flood hazard zones.

1.Short titleThis Act may be cited as the Public Safety Enhancement Act of 2009.
2.Exception to prohibition of insurance for properties in violation of State and local laws regarding development in flood-prone areasSection 1316 of the National Flood Insurance Act of 1968 (42 U.S.C. 4023) is amended by inserting , other than a structure that is used in providing a public safety or first responder service, which shall include police and firefighting services, after for any property.


115 HR 1573 IH: IMF Reform and Integrity Act
U.S. House of Representatives
2017-03-16
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. 1573IN THE HOUSE OF REPRESENTATIVESMarch 16, 2017Mr. Huizenga introduced the following bill; which was referred to the Committee on Financial ServicesA BILLTo oppose International Monetary Fund participation in foreign-led agreements, reduce moral hazard,
			 and for other purposes.

 1.Short titleThis Act may be cited as the IMF Reform and Integrity Act. 2.Opposition of the United States to financial participation by the International Monetary Fund in foreign-led agreementsThe Bretton Woods Agreements Act (22 U.S.C. 286–286xx) is amended by adding at the end the following:

				73.Opposition of the United States to financial participation by the International Monetary Fund in
 foreign-led agreementsThe Secretary of the Treasury shall instruct— (1)the United States Executive Director at the Fund—
 (A)to use the voice and vote of the United States to oppose the provision by the Fund of financing, including the disbursement of financing approved before the enactment of this section, in conjunction with financing to be provided by a multilateral organization of which the United States is not a member if—
 (i)the present value of the financing to be provided by the multilateral organization would exceed the present value of the financing to be provided by the Fund; or
 (ii)the obligation of the debtor with respect to the financing provided by the Fund is not explicitly made senior to the obligation of the debtor with respect to the financing provided by the multilateral organization; and
 (B)not later than 7 days after the approval by the Fund of any financing to which paragraph (1) applies, to transmit a certification to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate that the obligation of the debtor with respect to the financing provided by the Fund has been explicitly made senior to the obligation of the debtor with respect to the financing provided by the multilateral organization; and
 (2)the United States Governor of the Fund to use the voice and vote of the United States to oppose any proposal to make additional resources available to the Fund in the aggregate, or increase the quota of any member of the Fund who is a member of a multilateral organization of which the United States is not a member, if, during the 24 months before consideration of the proposal by the Board of Governors of the Fund—
 (A)the Fund has approved the provision of, or disbursed, financing in conjunction with financing provided or to be provided by the multilateral organization, as described in paragraph (1); or
 (B)an obligation to the Fund resulting from such an approval or disbursement has not been repaid in full..
		3.Repeal of the New Arrangements to Borrow; rescission of funds
			(a)Repeal
 (1)In generalSection 17 of the Bretton Woods Agreements Act (22 U.S.C. 286e–2) is amended— (A)by striking subsections (a), (b), (d), and (f); and
 (B)in subsection (c)— (i)by striking (c); and
 (ii)by striking In addition to the amount authorized in subsection (b), there and inserting There. (2)Conforming repealSection 9001 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (22 U.S.C. 286e–2 note; division K of Public Law 114–113) is amended by striking paragraph (3).
 (b)RescissionThe unobligated balances made available to carry out subsections (a) and (b) of section 17 of the Bretton Woods Agreements Act, as in effect before the enactment of this Act, are rescinded.
			4.Opposition of the United States to International Monetary Fund loan to a country whose public debt
 is not likely to be sustainable in the medium termSection 68(a) of the Bretton Woods Agreements Act (22 U.S.C. 286tt(a)) is amended— (1)in paragraph (2), by inserting after the comma the following: or a staff analytical report of the Fund states that there is not a high probability that the public debt of the country is sustainable in the medium term,; and
 (2)by adding at the end the following:  (3)Presidential waiver authorityThe President of the United States may waive paragraph (2) if the President provides a written certification to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Foreign Relations and Banking, Housing, and Urban Affairs of the Senate that the waiver is important to the national security interest of the United States, and includes with the certification a written statement of the reasons therefor..
 5.Congressional notification with respect to exceptional access lendingThe Bretton Woods Agreements Act (22 U.S.C. 286–286xx), as amended by section 2 of this Act, is amended by adding at the end the following:

 74.Congressional notification with respect to exceptional access lendingThe United States Executive Director at the International Monetary Fund may not support any proposal that would alter the criteria used by the Fund for exceptional access lending if the proposal would permit a country that is ineligible, before the proposed alteration, to receive exceptional access lending, unless, not later than 30 days before consideration of the proposal by the Board of Executive Directors of the Fund, the Secretary of the Treasury has submitted to the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate a report on the justification for the proposal and the effects of the proposed alteration on moral hazard and repayment risk at the Fund..
 6.Monitoring and technical assistanceNothing in this Act shall be interpreted as requiring the opposition of the United States to the provision of monitoring, technical assistance, or advisory services by the International Monetary Fund.