115 HR 5453 IH: Aidan’s Law
U.S. House of Representatives
2018-04-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 5453IN THE HOUSE OF REPRESENTATIVESApril 10, 2018Ms. Clarke of New York (for herself and Mr. Zeldin) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Public Health Service Act, in relation to requiring adrenoleukodystrophy screening of
			 newborns.

 1.Short titleThis Act may be cited as Aidan’s Law. 2.FindingsCongress finds the following:
 (1)Adrenoleukodystrophy is a deadly genetic disease that destroys myelin, the protective sheath that surrounds the brain’s neurons, which are the nerve cells that allow us to think and to control our muscles.
 (2)Adrenoleukodystrophy affects 1 in 17,000 people and most severely affects boys and men. (3)Adrenoleukodystrophy newborn screening tests have been validated with false positive of less than 0.1 percent.
 (4)Early identification of adrenoleukodystrophy allows those who are affected to be treated and have the best chance at a healthy life.
			3.Screening of adrenoleukodystrophy
 (a)In generalPart A of title XI of the Public Health Services Act (42 U.S.C. 300b–1 et seq.) is amended by adding at the end the following:

					1118.Adrenoleukodystrophy
 (a)In generalEach hospital, child care center, clinic, or other similar institution caring for infants who are 28 days or less of age (as designated by the Secretary) may administer, or cause to have administered, to every such infant in its care a test for adrenoleukodystrophy in accordance with this section.
						(b)Process
 (1)In generalIn carrying out this section, the chief executive officer for health in each State may prescribe standards and procedures for the administration of testing under subsection (a), including recording the results of such tests, tracking activities, conducting follow-up reviews, and carrying out educational activities.
 (2)Dissemination of informationIn carrying out this section, the chief executive officer for health in each State may prescribe standards and procedures setting forth the manner in which testing information is disseminated to a parent or guardian of the infant to be tested.
 (3)Failure to prescribeIf a State has not prescribed standards and procedures that are approved as provided for in paragraph (4) by the date that is 2 years after the date of enactment of this section, the Discretionary Advisory Committee on Heritable Disorders in Newborns and Children established under section 1111 (referred to in this section as the Advisory Committee) shall prescribe appropriate standards and procedures which may be implemented by such State.
 (4)Review and approvalThe standards and procedures prescribed under this subsection shall be subject to review and approval by the Advisory Committee. In reviewing or prescribing standards and procedures as required under this subsection, the Advisory Committee shall consider standards and procedures adopted in other States with respect to the screening of adrenoleukodystrophy, the standards and procedures adopted in such State with respect to the screening of infants for other heritable diseases, and any scientific evidence the Advisory Committee considers relevant to provide for the screening of infants for adrenoleukodystrophy..
 (b)Reauthorization of Heritable Disorders ProgramSection 1117 of the Public Health Service Act (42 U.S.C. 300b–16) is amended— (1)in paragraph (1), by striking and at the end;
 (2)by redesignating paragraph (2) as paragraph (3); and (3)by inserting after paragraph (1), the following:

 (2)to carry out the Heritable Disorders Program under section 1109, $15,000,000 for each of fiscal years 2019 through 2022; and.
 4.Advisory committee on heritable disorders in newborns and childrenSection 1111(b) of the Public Health Services Act (42 U.S.C. 300b–10(b)) is amended— (1)in paragraph (7) by striking and after the semicolon;
 (2)by redesignating paragraph (8) as paragraph (9); and (3)by inserting after paragraph (7) the following:

 (8)carry out activities as provided for under section 1118; and.


		I
		111th CONGRESS
		2d Session
		H. R. 6144
		IN THE HOUSE OF REPRESENTATIVES

			September 16, 2010
			Mr. Barton of Texas
			 (for himself, Mr. Burgess, and
			 Mrs. Blackburn) introduced the
			 following bill; which was referred to the Committee on Energy and Commerce, and in
			 addition to the Committee on Transportation and Infrastructure, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To repeal certain amendments to the Energy Policy and
		  Conservation Act with respect to lighting energy efficiency.

		1.Short titleThis Act may be cited as the
			 Better Use of Light Bulbs
			 Act.
		2.Lighting energy
			 efficiency
			(a)In
			 generalSubtitle B of title III of the Energy Independence and
			 Security Act of 2007 (Public Law 110–140) is repealed.
			(b)ApplicationThe Energy Policy and Conservation Act (42
			 U.S.C. 6201 et seq.) shall be applied and administered as if subtitle B of
			 title III of the Energy Independence and Security Act of 2007 (and the
			 amendments made by that subtitle) had not been enacted.


110 HR 396 : Transit Security Grant Program Flexibility Act
U.S. House of Representatives
2021-04-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IIB117th CONGRESS1st SessionH. R. 396IN THE SENATE OF THE UNITED STATESApril 22, 2021Received; read twice and referred to the Committee on Homeland Security and Governmental AffairsAN ACTTo amend the Implementing Recommendations of the 9/11 Commission Act of 2007 to clarify certain allowable uses of funds for public transportation security assistance grants and establish periods of performance for such grants, and for other purposes.1.Short titleThis Act may be cited as the Transit Security Grant Program Flexibility Act.2.Allowable uses of funds for public transportation security assistance grantsSubparagraph (A) of section 1406(b)(2) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135(b)(2); Public Law 110–53) is amended by inserting and associated backfill after security training.3.Periods of performance for public transportation security assistance grantsSection 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53) is amended—(1)by redesignating subsection (m) as subsection (n); and(2)by inserting after subsection (l) the following new subsection:(m)Periods of performance(1)In generalExcept as provided in paragraph (2), funds provided pursuant to a grant awarded under this section for a use specified in subsection (b) shall remain available for use by a grant recipient for a period of not fewer than 36 months.(2)ExceptionFunds provided pursuant to a grant awarded under this section for a use specified in subparagraph (M) or (N) of subsection (b)(1) shall remain available for use by a grant recipient for a period of not fewer than 55 months..4.GAO review(a)In generalThe Comptroller General of the United States shall conduct a review of the public transportation security assistance grant program under section 1406 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (6 U.S.C. 1135; Public Law 110–53).(b)ScopeThe review required under paragraph (1) shall include the following:(1)An assessment of the type of projects funded under the public transportation security grant program referred to in such paragraph.(2)An assessment of the manner in which such projects address threats to public transportation infrastructure.(3)An assessment of the impact, if any, of this Act (including the amendments made by this Act) on types of projects funded under the public transportation security assistance grant program.(4)An assessment of the management and administration of public transportation security assistance grant program funds by grantees.(5)Recommendations to improve the manner in which public transportation security assistance grant program funds address vulnerabilities in public transportation infrastructure.(6)Recommendations to improve the management and administration of the public transportation security assistance grant program.(c)ReportNot later than one year after the date of the enactment of this Act and again not later than five years after such date of enactment, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the review required under this section.5.Determination of Budgetary EffectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the Committee on the Budget of the House of Representatives, provided that such statement has been submitted prior to the vote on passage.Passed the House of Representatives April 20, 2021.Cheryl L. Johnson,Clerk


IB
Union Calendar No. 478
108th CONGRESS 2d Session
H. R. 4634
[Report No. 108–780]
IN THE HOUSE OF REPRESENTATIVES

June 22, 2004
Mr. Sessions (for himself, Mr. Baker, Mrs. Kelly, Mr. Cantor, and Ms. Pryce of Ohio) introduced the following bill; which was referred to the Committee on Financial Services

November 18, 2004
Additional sponsors: Mr. Blunt, Mr. Rogers of Michigan, Mr. Cunningham, Mr. King of New York, Ms. Norton, Mrs. Capito, Mr. Tiberi, Mr. Marshall, Mr. Sandlin, Mr. Ryun of Kansas, Mr. Ferguson, Mr. Wilson of South Carolina, Ms. Ginny Brown-Waite of Florida, Mr. Garrett of New Jersey, Mr. Collins, Mr. Greenwood, Mr. Vitter, Mr. Terry, Mr. Boehner, Mr. Gillmor, Mr. Shays, Mr. Reynolds, Mr. Gordon, Mr. Wolf, Mr. McCotter, Mr. Moran of Virginia, Mr. LaHood, Mr. Shaw, Mrs. Johnson of Connecticut, Mr. Pitts, Mr. Rehberg, Mr. English, Mr. Kennedy of Minnesota, Mr. Larson of Connecticut, Mr. Simmons, Mr. Mica, Mr. Green of Wisconsin, Mr. Murphy, Mr. Jones of North Carolina, Mr. Crane, Mr. Foley, Mr. Gary G. Miller of California, Mr. Nethercutt, Mr. Renzi, Mr. LaTourette, Mr. Issa, Mr. Ose, Mr. Weller, Mr. Calvert, Mr. Hastings of Washington, Mr. Kline, Mr. Smith of Washington, Mr. Knollenberg, Mr. Isakson, Mr. Bishop of Utah, Mr. Frelinghuysen, Mr. Bass, Mr. Burton of Indiana, Mr. Ramstad, Mr. Hunter, Mr. Burgess, Mr. Sam Johnson of Texas, Mr. Hall, Mr. Thornberry, Ms. Granger, Mr. Sweeney, Mr. Boozman, Mr. Putnam, Mr. Miller of Florida, Mr. Forbes, Mr. Crenshaw, Mr. Keller, Mr. Ehlers, Mr. Platts, Mr. Lucas of Oklahoma, Mr. Boehlert, Mr. McHugh, Mr. Leach, Mr. Lincoln Diaz-Balart of Florida, Mr. Bonner, Ms. Harris, Mr. Burr, Mr. Weldon of Pennsylvania, Mr. Bachus, Mr. Bradley of New Hampshire, Mr. Gilchrest, Mr. Saxton, Mr. Bilirakis, Mrs. Biggert, Mr. Fossella, Mr. Cannon, Ms. Hart, Mr. Ney, Mr. Manzullo, and Mr. Porter
Deleted sponsor: Mr. Green of Texas (added June 24, 2004; deleted July 13, 2004)

November 18, 2004
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on June 22, 2004

A BILL
To extend the terrorism insurance program of the Department of the Treasury.

1.Short titleThis Act may be cited as the Terrorism Insurance Backstop Extension Act of 2004.
2.Extension of terrorism insurance program
(a)Program years 4 and 5Paragraph (11) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new subparagraphs:

(E)Program year 4The term Program Year 4 means the period beginning on January 1, 2006 and ending on December 31, 2006.
(F)Program year 5The term Program Year 5 means the period beginning on January 1, 2007 and ending on December 31, 2007..
(b)Insurer deductibleParagraph (7) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended—
(1)by redesignating subparagraph (E) as subparagraph (G);
(2)in subparagraph (D), by striking and at the end;
(3)by inserting after subparagraph (D) the following new subparagraphs:

(E)for Program Year 4, the value of an insurer’s direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 15 percent;
(F)for Program Year 5, the value of an insurer’s direct earned premiums over the calendar year immediately preceding Program Year 4, multiplied by 20 percent; and; and
(4)in subparagraph (G) (as so redesignated by paragraph (1) of this subsection)—
(A)by striking (D) and inserting (F); and
(B)by striking or Program Year 3 and inserting Program Year 3, Program Year 4, or Program Year 5.
(c)Mandatory availabilitySubsection (c) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended—
(1)by striking all of the matter that precedes subparagraph (A) of paragraph (1) and inserting the following:

(c)Mandatory availabilityDuring the Program, each entity that meets the definition of an insurer under section 102—;
(2)by striking paragraph (2); and
(3)by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2) and realigning such paragraphs, as so redesignated, so as to be indented 2 ems from the left margin.
(d)Insured loss shared compensationSubsection (e) of section 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended—
(1)in paragraph (2)(A), by striking or Program Year 3 and inserting , Program Year 3, Program Year 4, or Program Year 5;
(2)in paragraph (3), by striking or Program Year 3 and inserting , Program Year 3, Program Year 4, or Program Year 5;
(3)in paragraph (6)—
(A)in subparagraph (B), by striking and at the end;
(B)in subparagraph (C) by striking the period at the end and inserting a semicolon; and
(C)by adding at the end the following new subparagraphs:

(D)for Program Year 4, the lesser of—
(i)$17,500,000,000; and
(ii)the aggregate amount, for all insurers, of insured losses during such Program Year;
(E)for Program Year 5, the lesser of—
(i)$20,000,000,000; and
(ii)the aggregate amount, for all insurers, of insured losses during such Program Year; and; and
(4)in paragraph (7)—
(A)in subparagraph (A), by striking and (C) and inserting (C), (D), and (E); and
(B)in subparagraphs (B) and (C), by striking or (C) each place such term appears and inserting (C), (D), or (E).
(e)Coverage of group life insurance
(1)In generalParagraph (5) of section 102 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended in the matter that precedes subparagraph (A) by inserting or group life after property and casualty.
(2)Technical and conforming amendmentsThe Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended—
(A)in section 102—
(i)in paragraph (1)—
(I)in subparagraph (B)(i), by inserting or group life insurance after workers’ compensation; and
(II)in subparagraph (B)(ii), by inserting and group life insurance after property and casualty insurance;
(ii) in paragraph (4)—
(I)by inserting or for group life insurance after property and casualty insurance; and
(II)by striking paragraph (5) and inserting paragraph (6);
(iii)in paragraph (5), by inserting and group life insurance after workers’ compensation; and
(iv)in paragraph (6)—
(I)in subparagraph (A)(i), by inserting property and casualty or group life after excess;
(II) in subparagraph (B), by inserting or group life insurance coverage after property and casualty insurance coverage;
(v)by redesignating paragraphs (5) through (16) as paragraphs (6) through (17), respectively; and
(vi)by inserting after paragraph (4), the following new paragraph:

(5)Group life insuranceThe term ‘group life insurance’ means an insurance contract that provides term life insurance coverage, accidental death coverage, or a combination thereof, for a number of persons under a single contract, on the basis of a group selection of risks.;
(B)in section 103—
(i)in subsection (b)(1), by inserting (including a named beneficiary in the case of a group life insurance policy) before the second comma;
(ii) in subsection (c)—
(I)in paragraph (1) (as so redesignated by subsection (c)(3) of this section), by inserting and group life after property and casualty; and
(II)in paragraph (2) (as so redesignated by subsection (c)(3) of this section), by inserting and group life after property and casualty;
(iii)in subsection (e)—
(I)in paragraph (6), by striking For and inserting Except as provided in subparagraph (F) of this paragraph, for;
(II)in paragraph (6), by inserting after subparagraph (E) (as added by subsection (d)(3)(C) of this section) the following new subparagraph:

(F)for each of the periods referred to in subparagraphs (A) through (E), the amounts provided under such subparagraphs, as such amounts shall be increased by the Secretary before the expiration of the 90-day period beginning on the date of the enactment of the Terrorism Insurance Backstop Extension Act of 2004, based on the increase in the size of the Program caused by the inclusion of group life insurance pursuant to such Act, in proportion to the increased premiums involved.;
(III)in paragraph (7)(C), by inserting or group life insurance after workers compensation;
(IV)in paragraph (8)(A)(i), by inserting and group life after property and casualty; and
(V) in paragraph (8), by inserting or group life after property and casualty each place such term appears in subparagraphs (A)(iii) and (C); and
(iv)by striking subsection (h);
(C)in section 105(c), by inserting or group life after property and casualty; and
(D)in section 108(d)(1), by inserting and the group life insurance industry after property and casualty insurance industry.
(3)Required rulemakingNot later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue final regulations to carry out this subsection.
(f)Study on long-term solutionsSection 103 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking subsection (i) and inserting the following new subsection:

(h)Study on long-term solutionsBy June 1, 2005, the Secretary shall conduct a study and submit a report to the Congress on alternatives for expanding the availability and affordability of terrorism insurance after the termination of the Program that do not involve a Federal financial backstop..
(g)Termination of program
(1)TerminationSubsection (a) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by striking December 31, 2005 and inserting December 31, 2007.
(2)Final GAO study and reportSubsection (d) of section 108 of the Terrorism Risk Insurance Act of 2002 (15 U.S.C. 6701 note) is amended by adding at the end the following new paragraph:

(3)Final gao study and reportThe Comptroller General of the United States shall conduct an assessment of the matters referred to in paragraph (1) and shall submit a report to the Congress, not later than June 30, 2007, on the results of such study..

November 18, 2004
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


109 HRES 896 : Providing for consideration of the

U.S. House of Representatives
2006-06-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		House Calendar No. 207
		109th CONGRESS
		2d Session
		H. RES. 896
		[Report No.
		  109–539]
		IN THE HOUSE OF
		  REPRESENTATIVES

			June 29 (legislative
			 day, June 28), 2006
			Mr. Sessions, from
			 the Committee on Rules, reported the following resolution; which was referred
			 to the House Calendar and ordered to be printed

		RESOLUTION
		Providing for consideration of the
		  resolution (H. Res. 895) supporting intelligence and law enforcement programs
		  to track terrorists and terrorist finances conducted consistent with Federal
		  law and with appropriate Congressional consultation and specifically condemning
		  the disclosure and publication of classified information that impairs the
		  international fight against terrorism and needlessly exposes Americans to the
		  threat of further terror attacks by revealing a crucial method by which
		  terrorists are traced through their finances.

		That upon the adoption of this
			 resolution it shall be in order without intervention of any point of order to
			 consider in the House the resolution (H. Res. 895) supporting intelligence and
			 law enforcement programs to track terrorists and terrorist finances conducted
			 consistent with Federal law and with appropriate Congressional consultation and
			 specifically condemning the disclosure and publication of classified
			 information that impairs the international fight against terrorism and
			 needlessly exposes Americans to the threat of further terror attacks by
			 revealing a crucial method by which terrorists are traced through their
			 finances. The resolution shall be considered as read. The previous question
			 shall be considered as ordered on the resolution and preamble to final adoption
			 without intervening motion or demand for division of the question except: (1)
			 one hour of debate equally divided and controlled by the chairman and ranking
			 minority member of the Committee on Financial Services; and (2) one motion to
			 recommit which may not instructions.

		June 29 (legislative
		  day, June 28), 2006
		Referred to the House Calendar and ordered to be
		  printed


116 S1577 IS: Know the Price Act of 2019
U.S. Senate
2019-05-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1577IN THE SENATE OF THE UNITED STATESMay 21, 2019Mr. Cassidy (for himself and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Public Health Service Act to prohibit certain contracts between health insurance plans
 or issuers and health care providers.1.Short titleThis Act may be cited as the Know the Price Act of 2019.2.Amendment to Public Health Service ActSubpart II of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg–11 et seq.) is amended by adding at the end the following:2729A.Provider contracts(a)Information on provider alternativesA group health plan or a health insurance issuer offering group or individual health insurance coverage shall not enter into an agreement with a provider, network or association of providers, third-party administrator, or other service provider that would, directly or indirectly—(1)restrict the group health plan or health insurance issuer from providing price or quality information, through a consumer engagement tool or any other means, to providers or the sponsor, enrollees, or potential enrollees of the plan or coverage; or(2)restrict the group health plan or health insurance issuer from sharing data described in paragraph (1) with a third party, for plan management purposes..


		IV
		112th CONGRESS
		1st Session
		H. RES. 75
		IN THE HOUSE OF REPRESENTATIVES

			February 8, 2011
			Ms. Eddie Bernice Johnson of
			 Texas (for herself, Mr.
			 Boswell, Mrs. McCarthy of New
			 York, Ms. Bordallo,
			 Mr. McGovern,
			 Mr. Conyers, and
			 Mrs. Capps) submitted the following
			 resolution; which was referred to the Committee on Energy and
			 Commerce

		RESOLUTION
		Recognizing National Nurses Week on May 8
		  through May 14, 2011.

		Whereas since 1999, National Nurses Week is celebrated
			 annually from May 8, also known as National Recognition Day for Nurses, through
			 May 14, the birthday of Florence Nightingale, the founder of modern
			 nursing;
		Whereas National Nurses Week is a time of year to reflect
			 on the important contributions that nurses make to provide safe, high-quality
			 health care;
		Whereas nurses are known to be patient advocates, acting
			 fearlessly to protect the lives of those under their care;
		Whereas nurses represent the largest single component of
			 the health care profession, with an estimated population of 2,900,000
			 registered nurses in the United States;
		Whereas nurses are experienced researchers, and their work
			 encompasses a wide scope of scientific inquiry including clinical research,
			 health systems and outcomes research, and nursing education research;
		Whereas nurses provide culturally and ethnically competent
			 care and are increasingly being educated to be sensitive to regional and
			 community customs of persons needing care;
		Whereas nurses are best positioned to provide leadership
			 to eliminate health care disparities that exist in the Nation;
		Whereas nurses help inform and educate the public to
			 improve the practice of all nurses and, more importantly, the health and safety
			 of the patients they care for;
		Whereas the American Association of Colleges of Nursing
			 (AACN) released preliminary survey data showing that enrollment in entry-level
			 baccalaureate nursing programs increased by only 2 percent from 2007 to 2008,
			 and though this marks the eighth consecutive year of enrollment growth, the
			 annual increase in student capacity in 4-year nursing programs has declined
			 sharply since 2003 when enrollment was up by 16.6 percent;
		Whereas United States nursing programs were forced to
			 reject almost 100,000 qualified applications to nursing programs according to
			 the National League for Nursing's most recent survey of all prelicensure
			 nursing programs;
		Whereas the nationwide nursing shortage has caused
			 dedicated nurses to work longer hours and care for more acutely ill
			 patients;
		Whereas nurse educators work on average more than 57 hours
			 per week in order to ensure that each and every new registered nurse receives
			 an excellent education, advancing excellence among the next generation of
			 nurses;
		Whereas nurses are strong allies to Congress as they help
			 inform, educate, and work closely with legislators to improve the education,
			 retention, recruitment, and practice of all nurses and, more importantly, the
			 health and safety of the patients they care for; and
		Whereas increased Federal and State support is needed to
			 enhance existing programs and create new programs to educate nursing students
			 at all levels, to increase the number of faculty members to educate nursing
			 students, to create clinical sites and have the appropriately prepared nurses
			 to teach and train at those sites, to create educational opportunities to
			 retain nurses in the profession, and to educate and train more nurse research
			 scientists who can discover new nursing care models to improve the health
			 status of the Nation's diverse population: Now, therefore, be it

		That the House of
			 Representatives—
			(1)recognizes the significant contributions of
			 nurses to the health care system of the United States;
			(2)supports the goals
			 and ideals of National Nurses Week, as founded by the American Nurses
			 Association; and
			(3)encourages the
			 people of the United States to observe National Nurses Week with appropriate
			 recognition, ceremonies, activities, and programs to demonstrate the importance
			 of nurses to the everyday lives of patients.


		II
		Calendar No. 342
		111th CONGRESS
		2d Session
		S. 629
		IN THE SENATE OF THE UNITED STATES

			March 18, 2009
			Ms. Collins (for
			 herself, Mr. Voinovich,
			 Mr. Kohl, Mrs.
			 McCaskill, and Ms. Landrieu)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

			April 12, 2010
			Reported by Mr.
			 Lieberman, with an amendment
			Strike out all after the enacting clause and insert
			 the part printed in italic

		A BILL
		To facilitate the part-time reemployment of annuitants,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Part-Time Reemployment of Annuitants
			 Act of 2009.
		2.Part-time
			 reemployment
			(a)Civil service
			 retirement systemSection 8344 of title 5, United States Code, is
			 amended—
				(1)by redesignating
			 subsection (l) as subsection (m);
				(2)by inserting after
			 subsection (k) the following:

						(l)(1)For purposes of this
				subsection—
								(A)the term
				head of an agency means—
									(i)the head of an
				Executive agency;
									(ii)the head of the
				United States Postal Service;
									(iii)the Director of
				the Administrative Office of the United States Courts, with respect to
				employees of the judicial branch; and
									(iv)any employing
				authority described under subsection (k)(2); and
									(B)the term
				limited time appointee means an annuitant appointed under a
				temporary appointment limited to 1 year or less.
								(2)The head of an
				agency may waive the application of subsection (a) or (b) with respect to any
				annuitant who is employed in such agency as a limited time appointee.
							(3)The head of an
				agency may not waive the application of subsection (a) or (b) with respect to
				an annuitant—
								(A)for more than 520
				hours of service performed by that annuitant during the period ending 6 months
				following the individual’s annuity commencing date;
								(B)for more than 1040
				hours of service performed by that annuitant during any 12-month period;
				or
								(C)for more than a
				total of 3120 hours of service performed by that annuitant.
								(4)(A)The total number of
				annuitants to whom a waiver by the head of an agency under this subsection or
				section 8468(i) applies may not exceed 2.5 percent of the total number of
				full-time employees of that agency.
								(B)If the total
				number of annuitants to whom a waiver by the head of an agency under this
				subsection or section 8468(i) applies exceeds 1 percent of the total number of
				full-time employees of that agency, the head of that agency shall submit a
				report with an explanation that justifies the need for the waivers in excess of
				that percentage to the Committee on Homeland Security and Governmental Affairs
				of the Senate, the Committee on Oversight and Government Reform of the House of
				Representatives, and the Office of Personnel Management.
								(5)(A)The Director of the
				Office of Personnel Management may promulgate regulations providing for the
				administration of this subsection.
								(B)Any regulations
				promulgated under subparagraph (A) may—
									(i)provide standards
				for the maintenance and form of necessary records of employment under this
				subsection;
									(ii)to the extent not
				otherwise expressly prohibited by law, require employing agencies to provide
				records of such employment to the Office of Personnel Management or other
				employing agencies as necessary to ensure compliance with paragraph (3);
									(iii)authorize other
				administratively convenient periods substantially equivalent to 12 months, such
				as 26 pay periods, to be used in determining compliance with paragraph (3)(B);
				and
									(iv)include such
				other administrative requirements as the Director of the Office of Personnel
				Management may find appropriate to provide for the effective operation of, or
				to ensure compliance with, this subsection.
									(6)The authority of the head of an agency
				under this subsection to waive the application of subsection (a) or (b) shall
				terminate 5 years after the date of enactment of the
				Part-Time Reemployment of Annuitants Act of
				2009.
							;
				and
				(3)in subsection (m)
			 (as so redesignated)—
					(A)in paragraph (1),
			 by striking (k) and inserting (l); and
					(B)in paragraph (2),
			 by striking or (k) and inserting (k), or
			 (l).
					(b)Federal employee
			 retirement systemSection 8468 of title 5, United States Code, is
			 amended—
				(1)by redesignating
			 subsection (i) as subsection (j);
				(2)by inserting after
			 subsection (h) the following:

						(i)(1)For purposes of this
				subsection—
								(A)the term
				head of an agency means—
									(i)the head of an
				Executive agency;
									(ii)the head of the
				United States Postal Service;
									(iii)the Director of
				the Administrative Office of the United States Courts, with respect to
				employees of the judicial branch; and
									(iv)any employing
				authority described under subsection (h)(2); and
									(B)the term
				limited time appointee means an annuitant appointed under a
				temporary appointment limited to 1 year or less.
								(2)The head of an
				agency may waive the application of subsection (a) with respect to any
				annuitant who is employed in such agency as a limited time appointee.
							(3)The head of an
				agency may not waive the application of subsection (a) with respect to an
				annuitant—
								(A)for more than 520
				hours of service performed by that annuitant during the period ending 6 months
				following the individual’s annuity commencing date;
								(B)for more than 1040
				hours of service performed by that annuitant during any 12-month period;
				or
								(C)for more than a
				total of 3120 hours of service performed by that annuitant.
								(4)(A)The total number of
				annuitants to whom a waiver by the head of an agency under this subsection or
				section 8344(l) applies may not exceed 2.5 percent of the total number of
				full-time employees of that agency.
								(B)If the total
				number of annuitants to whom a waiver by the head of an agency under this
				subsection or section 8344(l) applies exceeds 1 percent of the total number of
				full-time employees of that agency, the head of that agency shall submit a
				report with an explanation that justifies the need for the waivers in excess of
				that percentage to the Committee on Homeland Security and Governmental Affairs
				of the Senate, the Committee on Oversight and Government Reform of the House of
				Representatives, and the Office of Personnel Management.
								(5)(A)The Director of the
				Office of Personnel Management may promulgate regulations providing for the
				administration of this subsection.
								(B)Any regulations
				promulgated under subparagraph (A) may—
									(i)provide standards
				for the maintenance and form of necessary records of employment under this
				subsection;
									(ii)to the extent not
				otherwise expressly prohibited by law, require employing agencies to provide
				records of such employment to the Office or other employing agencies as
				necessary to ensure compliance with paragraph (3);
									(iii)authorize other
				administratively convenient periods substantially equivalent to 12 months, such
				as 26 pay periods, to be used in determining compliance with paragraph (3)(B);
				and
									(iv)include such
				other administrative requirements as the Director of the Office of Personnel
				Management may find appropriate to provide for effective operation of, or to
				ensure compliance with, this subsection.
									(6)The authority of
				the head of an agency under this subsection to waive the application of
				subsection (a) shall terminate 5 years after the date of enactment of the
				Part-Time Reemployment of Annuitants Act of
				2009.
							;
				and
				(3)in subsection (j)
			 (as so redesignated)—
					(A)in paragraph (1),
			 by striking (h) and inserting (i); and
					(B)in paragraph (2),
			 by striking or (h) and inserting (h), or
			 (i).
					(c)Rule of
			 constructionNothing in the amendments made by this section may
			 be construed to authorize the waiver of the hiring preferences under chapter 33
			 of title 5, United States Code in selecting annuitants to employ in an
			 appointive or elective position.
			(d)Technical and
			 conforming amendmentsSection 1005(d)(2) of title 39, United
			 States Code, is amended—
				(1)by striking
			 (l)(2) and inserting (m)(2); and
				(2)by striking
			 (i)(2) and inserting (j)(2).
				3.GAO
			 report
			(a)In
			 generalNot later than 3
			 years after the date of enactment of this Act, the Comptroller General of the
			 United States shall submit to the Committee on Homeland Security and
			 Governmental Affairs of the Senate and the Committee on Oversight and
			 Government Reform of the House of Representatives a report regarding the use of
			 the authority under the amendments made by section 2.
			(b)ContentsThe
			 report submitted under subsection (a) shall—
				(1)include the number
			 of annuitants for whom a waiver was made under subsection (l) of section 8344
			 of title 5, United States Code, as amended by this Act, or subsection (i) of
			 section 8468 of title 5, United States Code, as amended by this Act; and
				(2)identify each
			 agency that used the authority described in paragraph (1).

		1.Short titleThis Act may be cited as the
			 Part-Time Reemployment of Annuitants
			 Act of 2009.
		2.Part-time
			 reemployment
			(a)Civil service
			 retirement systemSection 8344 of title 5, United States Code, is
			 amended—
				(1)by redesignating
			 subsection (l) as subsection (m);
				(2)by inserting after
			 subsection (k) the following:

						(l)(1)For purposes of
				this subsection—
								(A)the term head of an
				agency means—
									(i)the head of an Executive
				agency, other than the Government Accountability Office;
									(ii)the head of the United
				States Postal Service;
									(iii)the Director of the
				Administrative Office of the United States Courts, with respect to employees of
				the judicial branch; and
									(iv)any employing authority
				described under subsection (k)(2), other than the Government Accountability
				Office; and
									(B)the term limited
				time appointee means an annuitant appointed under a temporary
				appointment limited to 1 year or less.
								(2)The head of an agency may
				waive the application of subsection (a) or (b) with respect to any annuitant
				who is employed in such agency as a limited time appointee, if the head of the
				agency determines that the employment of the annuitant is necessary to—
								(A)fulfill functions
				critical to the mission of the agency, or any component of that agency;
								(B)assist in the
				implementation or oversight of the American Recovery and Reinvestment Act of
				2009 (Public Law 111–5) or the Troubled Asset Relief Program under title I of
				the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
				seq.);
								(C)assist in the
				development, management, or oversight of agency procurement actions;
								(D)assist the Inspector
				General for that agency in the performance of the mission of that Inspector
				General;
								(E)promote appropriate
				training or mentoring programs of employees;
								(F)assist in the recruitment
				or retention of employees; or
								(G)respond to an emergency
				involving a direct threat to life of property or other unusual
				circumstances.
								(3)The head of an agency may
				not waive the application of subsection (a) or (b) with respect to an
				annuitant—
								(A)for more than 520 hours
				of service performed by that annuitant during the period ending 6 months
				following the individual’s annuity commencing date;
								(B)for more than 1040 hours
				of service performed by that annuitant during any 12-month period; or
								(C)for more than a total of
				3120 hours of service performed by that annuitant.
								(4)(A)The total number of
				annuitants to whom a waiver by the head of an agency under this subsection or
				section 8468(i) applies may not exceed 2.5 percent of the total number of
				full-time employees of that agency.
								(B)If the total number of
				annuitants to whom a waiver by the head of an agency under this subsection or
				section 8468(i) applies exceeds 1 percent of the total number of full-time
				employees of that agency, the head of that agency shall submit a report with an
				explanation that justifies the need for the waivers in excess of that
				percentage to the Committee on Homeland Security and Governmental Affairs of
				the Senate, the Committee on Oversight and Government Reform of the House of
				Representatives, and the Office of Personnel Management.
								(5)(A)The Director of the
				Office of Personnel Management may promulgate regulations providing for the
				administration of this subsection.
								(B)Any regulations
				promulgated under subparagraph (A) may—
									(i)provide standards for the
				maintenance and form of necessary records of employment under this
				subsection;
									(ii)to the extent not
				otherwise expressly prohibited by law, require employing agencies to provide
				records of such employment to the Office of Personnel Management or other
				employing agencies as necessary to ensure compliance with paragraph (3);
									(iii)authorize other
				administratively convenient periods substantially equivalent to 12 months, such
				as 26 pay periods, to be used in determining compliance with paragraph
				(3)(B);
									(iv)include such other
				administrative requirements as the Director of the Office of Personnel
				Management may find appropriate to provide for the effective operation of, or
				to ensure compliance with, this subsection; and
									(v)encourage the training
				and mentoring of employees by any limited time appointee employed under this
				subsection, except that any hours of that training or mentoring shall not be
				included in the hours of service performed for purposes of paragraph
				(3).
									(6)The authority of the head of an agency
				under this subsection to waive the application of subsection (a) or (b) shall
				terminate 5 years after the date of enactment of the
				Part-Time Reemployment of Annuitants Act of
				2009.
							;
				and
				(3)in subsection (m) (as so
			 redesignated)—
					(A)in paragraph (1), by
			 striking (k) and inserting (l); and
					(B)in paragraph (2), by
			 striking or (k) and inserting (k), or (l).
					(b)Federal employee
			 retirement systemSection 8468 of title 5, United States Code, is
			 amended—
				(1)by redesignating
			 subsection (i) as subsection (j);
				(2)by inserting after
			 subsection (h) the following:

						(i)(1)For purposes of
				this subsection—
								(A)the term head of an
				agency means—
									(i)the head of an Executive
				agency, other than the Government Accountability Office;
									(ii)the head of the United
				States Postal Service;
									(iii)the Director of the
				Administrative Office of the United States Courts, with respect to employees of
				the judicial branch; and
									(iv)any employing authority
				described under subsection (h)(2), other than the Government Accountability
				Office; and
									(B)the term limited
				time appointee means an annuitant appointed under a temporary
				appointment limited to 1 year or less.
								(2)The head of an agency may
				waive the application of subsection (a) with respect to any annuitant who is
				employed in such agency as a limited time appointee, if the head of the agency
				determines that the employment of the annuitant is necessary to—
								(A)fulfill functions
				critical to the mission of the agency, or any component of that agency;
								(B)assist in the
				implementation or oversight of the American Recovery and Reinvestment Act of
				2009 (Public Law 111–5) or the Troubled Asset Relief Program under title I of
				the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et
				seq.);
								(C)assist in the
				development, management, or oversight of agency procurement actions;
								(D)assist the Inspector
				General for that agency in the performance of the mission of that Inspector
				General;
								(E)promote appropriate
				training or mentoring programs of employees;
								(F)assist in the recruitment
				or retention of employees; or
								(G)respond to an emergency
				involving a direct threat to life of property or other unusual
				circumstances.
								(3)The head of an agency may
				not waive the application of subsection (a) with respect to an
				annuitant—
								(A)for more than 520 hours
				of service performed by that annuitant during the period ending 6 months
				following the individual’s annuity commencing date;
								(B)for more than 1040 hours
				of service performed by that annuitant during any 12-month period; or
								(C)for more than a total of
				3120 hours of service performed by that annuitant.
								(4)(A)The total number of
				annuitants to whom a waiver by the head of an agency under this subsection or
				section 8344(l) applies may not exceed 2.5 percent of the total number of
				full-time employees of that agency.
								(B)If the total number of
				annuitants to whom a waiver by the head of an agency under this subsection or
				section 8344(l) applies exceeds 1 percent of the total number of full-time
				employees of that agency, the head of that agency shall submit a report with an
				explanation that justifies the need for the waivers in excess of that
				percentage to the Committee on Homeland Security and Governmental Affairs of
				the Senate, the Committee on Oversight and Government Reform of the House of
				Representatives, and the Office of Personnel Management.
								(5)(A)The Director of the
				Office of Personnel Management may promulgate regulations providing for the
				administration of this subsection.
								(B)Any regulations
				promulgated under subparagraph (A) may—
									(i)provide standards for the
				maintenance and form of necessary records of employment under this
				subsection;
									(ii)to the extent not
				otherwise expressly prohibited by law, require employing agencies to provide
				records of such employment to the Office or other employing agencies as
				necessary to ensure compliance with paragraph (3);
									(iii)authorize other
				administratively convenient periods substantially equivalent to 12 months, such
				as 26 pay periods, to be used in determining compliance with paragraph
				(3)(B);
									(iv)include such other
				administrative requirements as the Director of the Office of Personnel
				Management may find appropriate to provide for effective operation of, or to
				ensure compliance with, this subsection; and
									(v)encourage the training
				and mentoring of employees by any limited time appointee employed under this
				subsection, except that any hours of that training or mentoring shall not be
				included in the hours of service performed for purposes of paragraph
				(3).
									(6)The authority of the head
				of an agency under this subsection to waive the application of subsection (a)
				shall terminate 5 years after the date of enactment of the
				Part-Time Reemployment of Annuitants Act of
				2009.
							;
				and
				(3)in subsection (j) (as so
			 redesignated)—
					(A)in paragraph (1), by
			 striking (h) and inserting (i); and
					(B)in paragraph (2), by
			 striking or (h) and inserting (h), or (i).
					(c)Rule of
			 constructionNothing in the amendments made by this section may
			 be construed to authorize the waiver of the hiring preferences under chapter 33
			 of title 5, United States Code in selecting annuitants to employ in an
			 appointive or elective position.
			(d)Technical and
			 conforming amendmentsSection 1005(d)(2) of title 39, United
			 States Code, is amended—
				(1)by striking
			 (l)(2) and inserting (m)(2); and
				(2)by striking
			 (i)(2) and inserting (j)(2).
				3.General Accountability
			 Office report
			(a)In
			 generalNot later than 3
			 years after the date of enactment of this Act, the Comptroller General of the
			 United States shall submit to the Committee on Homeland Security and
			 Governmental Affairs of the Senate and the Committee on Oversight and
			 Government Reform of the House of Representatives a report regarding the use of
			 the authority under the amendments made by section 2.
			(b)ContentsThe
			 report submitted under subsection (a) shall—
				(1)include the number of
			 annuitants for whom a waiver was made under subsection (l) of section 8344 of
			 title 5, United States Code, as amended by this Act, or subsection (i) of
			 section 8468 of title 5, United States Code, as amended by this Act; and
				(2)identify each agency that
			 used the authority described in paragraph (1).
				(c)Agency
			 dataEach head of an agency (as defined under sections 8344(l)(1)
			 and 8468(i)(1)(A) of title 5, United States Code, as added by section 2 of this
			 Act) shall—
				(1)collect and maintain data
			 necessary for purposes of the Comptroller General report submitted under
			 subsection (a); and
				(2)submit to the Comptroller
			 General that data as the Comptroller General requires in a timely
			 fashion.

		April 12, 2010
		Reported with an amendment


110 HR 4890 IH: The Invest in USA Act of

U.S. House of Representatives
2007-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 4890
		IN THE HOUSE OF REPRESENTATIVES

			December 19, 2007
			Mr. Flake introduced
			 the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To modify the EB–5 regional center
		  program.

		1.Short titleThis Act may be cited as the
			 The Invest in USA Act of
			 2007.
		2.Permanent EB–5
			 Regional Center ProgramSection 610(b) of the Departments of
			 Commerce, Justice, and State, the Judiciary, and Related Agencies
			 Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking for
			 15 years.
		3.Premium
			 Processing Fee for EB–5 Immigrant Investor Cases
			(a)In
			 generalSection 286(u) of the
			 Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding
			 except that the fee for petitions filed under section 203(b)(5) shall be
			 $2,000. The fee after $1,000,.
			(b)Use of
			 feesFees collected pursuant
			 to the amendment made by subsection (a) shall be available to the Secretary of
			 Homeland Security solely for the purpose of administration and operation of the
			 EB–5 immigrant investor program.
			(c)RegulationsThe Department of Homeland Security shall
			 promulgate regulations to implement this amendment not later than 120 days
			 after the date of the enactment of this Act.
			4.Allow concurrent
			 filing for EB–5 petitions and adjustment of status applicationsSection 245 of the Immigration and
			 Nationality Act (8 U.S.C. 1255) is amended by adding at the end the
			 following:

				(n)Concurrent
				Processing for Employment Creation ImmigrantsIf, at the time an alien files a petition
				for classification through a regional center under section 203(b)(5), approval
				of the petition would make a visa immediately available to the alien
				beneficiary, the alien beneficiary’s application for adjustment of status shall
				be considered properly filed whether submitted concurrently with, or subsequent
				to, such
				petition.
				.
		5.Regional Center
			 Designation Fees
			(a)Establishment of
			 feeSection 610 of the
			 Departments of Commerce, Justice, and State, the Judiciary, and Related
			 Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by adding at
			 the end the following:

					(e)In addition to any other fees authorized by
				law, the Secretary of Homeland Security shall impose a $2,500 fee to apply for
				designation as a regional center under this section. Fees collected under this
				subsection shall be deposited in the Treasury in accordance with section 286(w)
				of the Immigration and Nationality Act (8 U.S.C.
				1356(w)).
					.
			(b)Establishment of
			 Account & Use of FeesSection 286 of the Immigration and
			 Nationality Act (8 U.S.C. 1356) is amended by adding at the end the
			 following:

					(w)Immigrant
				Entrepreneur Regional Center Account
						(1)In
				generalThere is established
				in the general fund of the Treasury a separate account, which shall be known as
				the Immigrant Entrepreneur Regional Center Account.
				Notwithstanding any other provision of law, there shall be deposited as
				offsetting receipts into the account all fees collected under subsections (b)
				and (e) of section 610 of the Departments of Commerce, Justice, and State, the
				Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153
				note).
						(2)Use of
				feesFees collected under
				this section shall be available to the Secretary of Homeland Security solely
				for the purpose of administration and operation of the EB–5 immigrant investor
				program.
						.
			(c)Effective
			 dateThe amendment made by
			 this section—
				(1)shall take effect
			 on the date on which regulations are published to carry out this section and
			 the amendments made by this section; and
				(2)shall apply to
			 regional center applications filed on or after such date.


		II
		110th CONGRESS
		1st Session
		S. 1935
		IN THE SENATE OF THE UNITED STATES

			August 2, 2007
			Mr. Brownback (for
			 himself, Mr. Gregg,
			 Mr. Coburn, Mr.
			 Crapo, Mr. Sununu,
			 Mr. Alexander, Mr. Allard, Mr.
			 Corker, Mr. Cornyn,
			 Mr. Craig, Mrs.
			 Dole, Mr. Ensign,
			 Mr. Enzi, Mr.
			 Graham, Mrs. Hutchison,
			 Mr. Inhofe, Mr.
			 Isakson, Mr. Martinez,
			 Mr. McCain, Mr.
			 Sessions, Mr. Thune,
			 Mr. Vitter, Mr.
			 DeMint, Mr. Kyl, and
			 Mr. Chambliss) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To establish a Commission on Congressional Budgetary
		  Accountability and Review of Federal Agencies.

		1.DefinitionsIn this Act:
			(1)AgencyThe
			 term agency means—
				(A)an Executive
			 agency, as defined under section 105 of title 5, United States Code; and
				(B)the Executive
			 Office of the President.
				(2)Calendar
			 dayThe term calendar day means a calendar day other
			 than 1 on which either House is not in session because of an adjournment of
			 more than 3 days to a date certain.
			(3)Commission
			 billThe term Commission bill means only a bill
			 which is introduced as provided under section 6, and contains the proposed
			 legislation included in the report submitted to Congress under section 3(b)(3),
			 without modification.
			(4)ProgramThe
			 term program means any activity or function of an agency.
			2.Establishment of
			 Commission
			(a)EstablishmentThere
			 is established the Commission on Congressional Budgetary Accountability and
			 Review of Federal Agencies (referred to in this Act as the
			 Commission).
			(b)Membership
				(1)In
			 generalThe Commission shall consist of 15 members, of which, not
			 later than 30 days after the date of enactment of this Act—
					(A)3 shall be
			 appointed by the President;
					(B)3 shall be
			 appointed by the majority leader of the Senate;
					(C)3 shall be
			 appointed by the minority leader of the Senate;
					(D)3 shall be
			 appointed by the Speaker of the House of Representatives; and
					(E)3 shall be
			 appointed by the minority leader of the House of Representatives.
					(2)CochairpersonsThe
			 President shall designate 2 Cochairpersons from among the members of the
			 Commission. The Cochairpersons may not be affiliated with the same political
			 party.
				(c)DateMembers
			 of the Commission shall be appointed by not later than 30 days after the date
			 of enactment of this Act.
			(d)Period of
			 Appointment; VacanciesMembers shall be appointed for the life of
			 the Commission. Any vacancy in the Commission shall not affect its powers, but
			 shall be filled in the same manner as the original appointment.
			(e)Meetings
				(1)Initial
			 meetingNot later than 30 days after the date on which all
			 members of the Commission have been appointed, the Commission shall hold its
			 first meeting.
				(2)Subsequent
			 meetingsThe Commission shall meet at the call of the
			 Cochairpersons or a majority of its members.
				(f)QuorumEight
			 members of the Commission shall constitute a quorum for purposes of voting, but
			 a quorum is not required for members to meet and hold hearings.
			3.Duties of the
			 Commission
			(a)Systematic
			 Assessment of Programs by the President
				(1)In
			 generalNot later than 1 year after the date of enactment of this
			 Act and each of the next 3 years thereafter, the President shall—
					(A)establish a
			 systematic method for assessing the effectiveness and accountability of agency
			 programs in accordance with paragraph (2) and divide the programs into 4
			 approximately equal budgetary parts based on the size of the budget and number
			 of personnel of the agency program; and
					(B)submit, to the
			 Commission each year, an assessment of the programs within each part (1 each
			 year) that use the method established under subparagraph (A).
					(2)Method
			 objectivesThe method established under paragraph (1)
			 shall—
					(A)recognize
			 different types of Federal programs;
					(B)assess programs
			 based on the achievement of performance goals (as defined under section
			 1115(g)(4) of title 31, United States Code);
					(C)assess programs
			 based in part on the adequacy of the program’s performance measures, financial
			 management, and other factors determined by the President;
					(D)assess programs
			 based in part on whether the program has fulfilled the legislative intent
			 surrounding the creation of the program, taking into account any change in
			 legislative intent during the program’s existence; and
					(E)assess programs
			 based in part on collaborative analysis, with the program or agency, of program
			 policy and goals which may not fit into easily measurable performance
			 goals.
					(3)Common
			 performance measuresNot later than 1 year after the date of
			 enactment of this Act, the President shall identify common performance measures
			 for programs covered in paragraph (1) that have similar functions and, to the
			 extent feasible, provide the Commission with data on such performance
			 measures.
				(b)Evaluation and
			 Plan by Commission
				(1)DevelopmentThe
			 method established under subsection (a) shall be subject to review and change
			 by the Commission. If the Commission makes any changes in the method, the
			 Commission shall notify Congress not later than 1 year after reviewing the
			 first assessment from the President under this section.
				(2)Consideration
			 of assessmentsThe Commission shall consider assessments
			 submitted under subsection (a) when evaluating programs under this
			 subsection.
				(3)Assessment and
			 legislation
					(A)In
			 generalThe Commission shall—
						(i)evaluate all
			 agencies and programs within those agencies in each unit identified in the
			 systemic assessment under subsection (a) (1 each year over the next 4 years),
			 using the criteria under subsection (a) subject to modification under paragraph
			 (1); and
						(ii)submit to
			 Congress each of the next 4 years beginning January 1, 2008, with respect to
			 each evaluation under clause (i)—
							(I)a plan with
			 recommendations of the agencies and programs that should be realigned or
			 eliminated within each part; and
							(II)proposed
			 legislation to implement the plan described under subclause (I).
							(B)Relocation of
			 federal employeesThe proposed legislation under subparagraph (A)
			 shall provide that if the position of an employee of an agency is eliminated as
			 a result of the implementation of the plan under subparagraph (A)(i), the
			 affected agency shall make reasonable efforts to relocate such employee to
			 another position within the agency or within another Federal agency.
					(4)Criteria
					(A)DuplicativeIf
			 2 or more agencies or programs are performing the same essential function and
			 the function can be consolidated or streamlined into a single agency or
			 program, the Commission shall recommend that the agencies or programs be
			 realigned.
					(B)Wasteful or
			 inefficientThe Commission may recommend the realignment or
			 elimination of any agency or program that has wasted Federal funds by—
						(i)egregious
			 spending;
						(ii)mismanagement of
			 resources and personnel; or
						(iii)use of such
			 funds for personal benefit or the benefit of a special interest group.
						(C)Outdated,
			 irrelevant, or failedThe Commission shall recommend the
			 elimination of any agency or program that—
						(i)has
			 completed its intended purpose;
						(ii)has become
			 irrelevant; or
						(iii)has failed to
			 meet its objectives.
						4.Powers of the
			 Commission
			(a)HearingsSubject
			 to subsection (d), the Cochairpersons of the Commission may, for the purpose of
			 carrying out this Act—
				(1)hold such
			 hearings, sit and act at such times and places, take such testimony, receive
			 such evidence, and administer such oaths as the chairperson of the Commission
			 considers advisable;
				(2)require, by
			 subpoena or otherwise, the attendance and testimony of such witnesses as the
			 chairperson of the Commission considers advisable; and
				(3)require, by
			 subpoena or otherwise, the production of such books, records, correspondence,
			 memoranda, papers, documents, tapes, and other evidentiary materials relating
			 to any matter under investigation by the Commission.
				(b)Subpoenas
				(1)Issuance
					(A)In
			 generalA subpoena may be issued under this section only
			 by—
						(i)the
			 agreement of the Cochairpersons; or
						(ii)the affirmative
			 vote of 8 members of the Commission.
						(B)SignatureSubpoenas
			 issued under this section may be issued under the signature of both
			 Cochairpersons of the Commission and may be served by any person designated by
			 the Cochairpersons or by a member designated by a majority of the
			 Commission.
					(2)EnforcementIn
			 the case of contumacy or failure to obey a subpoena issued under this section,
			 the United States district court for the judicial district in which the
			 subpoenaed person resides, is served, or may be found, may issue an order
			 requiring such person to appear at any designated place to testify or to
			 produce documentary or other evidence. Any failure to obey the order of the
			 court may be punished by the court as a contempt of that court.
				(c)Technical
			 AssistanceUpon the request of the Commission, the head of a
			 Federal agency shall provide such technical assistance to the Commission as the
			 Commission determines to be necessary to carry out its duties.
			(d)Information
				(1)In
			 generalThe Commission shall have reasonable access to budgetary,
			 performance or programmatic materials, resources, statistical data, and other
			 information the Commission determines to be necessary to carry out its duties
			 from the Congressional Budget Office, and other agencies and representatives of
			 the executive and legislative branches of the Federal Government. The
			 Cochairpersons shall make requests for such access in writing when
			 necessary.
				(2)Receipt,
			 handling, storage, and dissemination of informationInformation
			 shall only be received, handled, stored, and disseminated by members of the
			 Commission and its staff consistent with all applicable statutes, regulations,
			 and Executive orders.
				(3)Limitation of
			 access to personal tax informationInformation requested,
			 subpoenaed, or otherwise accessed under this Act shall not include tax data
			 from the United States Internal Revenue Service, the release of which would
			 otherwise be in violation of law.
				(e)Receipt,
			 Handling, Storage, and Dissemination of InformationInformation
			 shall only be received, handled, stored, and disseminated by members of the
			 Commission and its staff consistent with all applicable statutes, regulations,
			 and Executive orders.
			(f)Postal
			 ServicesThe Commission may use the United States mails in the
			 same manner and under the same conditions as other departments and agencies of
			 the Federal Government.
			5.Commission
			 personnel matters
			(a)Compensation of
			 Members
				(1)Non-federal
			 membersExcept as provided under subsection (b), each member of
			 the Commission who is not an officer or employee of the Federal Government
			 shall not be compensated.
				(2)Federal
			 officers or employeesAll members of the Commission who are
			 officers or employees of the United States shall serve without compensation in
			 addition to that received for their services as officers or employees of the
			 United States.
				(b)Travel
			 ExpensesThe members of the Commission shall be allowed travel
			 expenses, including per diem in lieu of subsistence, at rates authorized for
			 employees of agencies under subchapter I of chapter 57 of title 5, United
			 States Code, while away from their homes or regular places of business in the
			 performance of services for the Commission.
			(c)Staff
				(1)In
			 generalWith the approval of the majority of the Commission, the
			 Cochairpersons of the Commission may, appoint an executive director and such
			 other additional personnel as may be necessary to enable the Commission to
			 perform its duties.
				(2)CompensationUpon
			 the approval of the Cochairpersons, the executive director may fix the
			 compensation of the executive director and other personnel without regard to
			 chapter 51 and subchapter III of chapter 53 of title 5, United States Code,
			 relating to classification of positions and General Schedule pay rates, except
			 that the rate of pay for the executive director and other personnel may not
			 exceed the maximum rate payable for a position at GS–15 of the General Schedule
			 under section 5332 of such title.
				(3)Personnel as
			 federal employees
					(A)In
			 generalThe executive director and any personnel of the
			 Commission who are employees shall be employees under section 2105 of title 5,
			 United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 89A,
			 89B, and 90 of that title.
					(B)Members of
			 commissionSubparagraph (A) shall not be construed to apply to
			 members of the Commission.
					(d)Detail of
			 Government EmployeesAny Federal Government employee may be
			 detailed to the Commission without reimbursement from the Commission, and such
			 detail shall be without interruption or loss of civil service status or
			 privilege.
			(e)Procurement of
			 Temporary and Intermittent ServicesWith the approval of the
			 majority of the Commission, the chairperson of the Commission may procure
			 temporary and intermittent services under section 3109(b) of title 5, United
			 States Code, at rates for individuals which do not exceed the daily equivalent
			 of the annual rate of basic pay prescribed for level V of the Executive
			 Schedule under section 5316 of such title.
			6.Expedited
			 Consideration of reform proposals
			(a)Introduction
			 and Committee Consideration
				(1)IntroductionThe
			 Commission bill language provisions submitted pursuant to section 3(b)(3) shall
			 be introduced in the Senate by the majority leader, or the majority leader’s
			 designee, and in the House of Representatives, by the Speaker, or the Speaker’s
			 designee. Upon such introduction, the Commission bill shall be referred to the
			 appropriate committees of Congress under paragraph (2). If the Commission bill
			 is not introduced in accordance with the preceding sentence, then any member of
			 Congress may introduce the Commission bill in their respective House of
			 Congress beginning on the date that is the 5th calendar day that such House is
			 in session following the date of the submission of such aggregate legislative
			 language provisions.
				(2)Committee
			 consideration
					(A)ReferralA
			 Commission bill introduced under paragraph (1) shall be referred to any
			 appropriate committee of jurisdiction in the Senate, any appropriate committee
			 of jurisdiction in the House of Representatives, the Committee on the Budget of
			 the Senate and the Committee on the Budget of the House of Representatives. A
			 committee to which a Commission bill is referred under this paragraph may
			 review and comment on such bill, may report such bill to the respective House,
			 and may not amend such bill.
					(B)ReportingNot
			 later than 30 calendar days after the introduction of the Commission bill, each
			 Committee of Congress to which the Commission bill was referred shall report
			 the bill.
					(C)Discharge of
			 committeeIf a committee to which is referred a Commission bill
			 has not reported such Commission bill at the end of 30 calendar days after its
			 introduction or at the end of the first day after there has been reported to
			 the House involved a Commission bill, whichever is earlier, such committee
			 shall be deemed to be discharged from further consideration of such Commission
			 bill, and such Commission bill shall be placed on the appropriate calendar of
			 the House involved.
					(b)Expedited
			 Procedure
				(1)Consideration
					(A)In
			 generalNot later than 5 calendar days after the date on which a
			 committee has reported a Commission bill or been discharged from consideration
			 of a Commission bill, the majority leader of the Senate, or the majority
			 leader’s designee, or the Speaker of the House of Representatives, or the
			 Speaker’s designee, shall move to proceed to the consideration of the
			 Commission bill. It shall also be in order for any member of the Senate or the
			 House of Representatives, respectively, to move to proceed to the consideration
			 of the Commission bill at any time after the conclusion of such 5-day
			 period.
					(B)Motion to
			 proceedA motion to proceed to the consideration of a Commission
			 bill is highly privileged in the House of Representatives and is privileged in
			 the Senate and is not debatable. The motion is not subject to amendment or to a
			 motion to postpone consideration of the Commission bill. A motion to proceed to
			 the consideration of other business shall not be in order. A motion to
			 reconsider the vote by which the motion to proceed is agreed to or not agreed
			 to shall not be in order. If the motion to proceed is agreed to, the Senate or
			 the House of Representatives, as the case may be, shall immediately proceed to
			 consideration of the Commission bill without intervening motion, order, or
			 other business, and the Commission bill shall remain the unfinished business of
			 the Senate or the House of Representatives, as the case may be, until disposed
			 of.
					(C)Limited
			 debateDebate on the Commission bill and on all debatable motions
			 and appeals in connection therewith shall be limited to not more than 10 hours,
			 which shall be divided equally between those favoring and those opposing the
			 Commission bill. A motion further to limit debate on the Commission bill is in
			 order and is not debatable. All time used for consideration of the Commission
			 bill, including time used for quorum calls (except quorum calls immediately
			 preceding a vote) and voting, shall come from the 10 hours of debate.
					(D)AmendmentsNo
			 amendment to the Commission bill shall be in order in the Senate and the House
			 of Representatives.
					(E)Vote on final
			 passageImmediately following the conclusion of the debate on the
			 Commission bill, the vote on final passage of the Commission bill shall
			 occur.
					(F)Other motions
			 not in orderA motion to postpone consideration of the Commission
			 bill, a motion to proceed to the consideration of other business, or a motion
			 to recommit the Commission bill is not in order. A motion to reconsider the
			 vote by which the Commission bill is agreed to or not agreed to is not in
			 order.
					(2)Consideration
			 by other houseIf, before the passage by one House of the
			 Commission bill that was introduced in such House, such House receives from the
			 other House a Commission bill as passed by such other House—
					(A)the Commission
			 bill of the other House shall not be referred to a committee and may only be
			 considered for final passage in the House that receives it under subparagraph
			 (C);
					(B)the procedure in
			 the House in receipt of the Commission bill of the other House, with respect to
			 the Commission bill that was introduced in the House in receipt of the
			 Commission bill of the other House, shall be the same as if no Commission bill
			 had been received from the other House; and
					(C)notwithstanding
			 subparagraph (B), the vote on final passage shall be on the Commission bill of
			 the other House.
					Upon
			 disposition of a Commission bill that is received by one House from the other
			 House, it shall no longer be in order to consider the Commission bill that was
			 introduced in the receiving House.(c)Rules of the
			 Senate and the House of RepresentativesThis section is enacted
			 by Congress—
				(1)as an exercise of
			 the rulemaking power of the Senate and the House of Representatives,
			 respectively, and is deemed to be part of the rules of each House,
			 respectively, but applicable only with respect to the procedure to be followed
			 in that House in the case of a Commission bill, and it supersedes other rules
			 only to the extent that it is inconsistent with such rules; and
				(2)with full
			 recognition of the constitutional right of either House to change the rules (so
			 far as they relate to the procedure of that House) at any time, in the same
			 manner, and to the same extent as in the case of any other rule of that
			 House.
				7.Termination of
			 the CommissionThe Commission
			 shall terminate 90 days after the date on which the Commission submits the
			 final evaluation and plan report under section 3.
		8.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as may be necessary for carrying out
			 this Act for each of the fiscal years 2008 through 2012.


114 HR 2483 IH: Independent Contractor Tax Fairness and Simplification Act of 2015
U.S. House of Representatives
2015-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 2483
IN THE HOUSE OF REPRESENTATIVES

May 20, 2015
Mr. Paulsen introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to provide standards for determining employment status, and for other purposes.

1.Short titleThis Act may be cited as the Independent Contractor Tax Fairness and Simplification Act of 2015. 2.FindingsThe Congress finds the following:
(1)Independent contractors play a vital role in our economy. (2)Independent contractors embrace the entrepreneurial spirit of our country and are free to seek economic opportunities that best fit their needs.
(3)Many small businesses start as an independent contractor and grow creating jobs for other individuals. (4)The proper classification of individuals as employees and independent contractors is a significant responsibility for businesses.
(5)The rules and guidelines for determining whether an individual is an independent contractor or an employee lack clarity and consistency. (6)It is in the best interests of taxpayers, the Federal Government and the business community to have fair and objective rules for determining who is an independent contractor and who is an employee.
3.Standards for determining employment status
(a)In generalChapter 25 of the Internal Revenue Code of 1986 (general provisions relating to employment taxes) is amended by adding after section 3511 the following new sections:  3512.Controversies involving whether individuals are employees for purposes of the employment taxes (a)Termination of certain employment tax liability (1)In generalIf—
(A)for purposes of employment taxes, the taxpayer did not treat an individual as an employee for any period, and (B)in the case of periods after December 31, 1978, all returns (including information returns) required to be filed by the taxpayer with respect to such individual for such period are filed on a basis consistent with the taxpayer’s treatment of such individual as not being an employee,then, for purposes of applying such taxes for such period with respect to the taxpayer, the individual shall be deemed not to be an employee unless the taxpayer had no reasonable basis for not treating such individual as an employee.
(2)Statutory standards providing one method of satisfying the requirements of paragraph (1)For purposes of paragraph (1), a taxpayer shall in any case be treated as having a reasonable basis for not treating an individual as an employee for a period if the taxpayer’s treatment of such individual for such period was in reasonable reliance on any of the following— (A)judicial precedent, published rulings, technical advice with respect to the taxpayer, or a letter ruling to the taxpayer,
(B)a past Internal Revenue Service audit of the taxpayer in which there was no assessment attributable to the treatment (for employment tax purposes) of the individuals holding positions substantially similar to the position held by this individual, or (C)long-standing recognized practice of a significant segment of the industry in which such individual was engaged.
(3)Consistency required in the case of prior tax treatmentParagraph (1) shall not apply with respect to the treatment of any individual for employment tax purposes for any period ending after December 31, 2015, if the taxpayer (or a predecessor) has treated any individual holding a substantially similar position as an employee for purposes of the employment taxes for any period beginning after December 31, 2014. (4)Refund or credit of overpaymentIf refund or credit of any overpayment of an employment tax resulting from the application of paragraph (1) is not barred on the date of the enactment of this section by any law or rule of law, the period for filing a claim for refund or credit of such overpayment (to the extent attributable to the application of paragraph (1)) shall not expire before the date 1 year after the date of the enactment of this section.
(b)Prohibition against regulations and rulings on employment statusExcept for purposes of providing Revenue Rulings with respect to section 3513, no regulation or Revenue Ruling shall be published on or after the date of the enactment of this section by the Department of the Treasury (including the Internal Revenue Service) with respect to the employment status of any individual for purposes of the employment taxes. (c)DefinitionsFor purposes of this section—
(1)Employment taxThe term employment tax means any tax imposed by this subtitle. (2)Employment statusThe term employment status means the status of an individual, under the usual common law rules applicable in determining the employer-employee relationship, as an employee or as an independent contractor (or other individual who is not an employee).
(d)ExceptionThis section shall not apply in the case of an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work. (e)Special rules for application of section (1)Notice of availability of sectionAn officer or employee of the Internal Revenue Service shall, before or at the commencement of any audit inquiry relating to the employment status of one or more individuals who perform services for the taxpayer, provide the taxpayer with a written notice of the provisions of this section.
(2)Rules relating to statutory standardsFor purposes of subsection (a)(2)— (A)a taxpayer may not rely on an audit commenced after December 31, 1996, for purposes of subparagraph (B) thereof unless such audit included an examination for employment tax purposes of whether the individual involved (or any individual holding a position substantially similar to the position held by the individual involved) should be treated as an employee of the taxpayer,
(B)in no event shall the significant segment requirement of subparagraph (C) thereof be construed to require a reasonable showing of the practice of more than 25 percent of the industry (determined by not taking into account the taxpayer), and (C)in applying the long-standing recognized practice requirement of subparagraph (C) thereof—
(i)such requirement shall not be construed as requiring the practice to have continued for more than 10 years, and (ii)a practice shall not fail to be treated as long-standing merely because such practice began after 1978.
(3)Availability of safe harborsNothing in this section shall be construed to provide that subsection (a) only applies where the individual involved is otherwise an employee of the taxpayer. (4)Burden of proof (A)In generalIf—
(i)a taxpayer establishes a prima facie case that it was reasonable not to treat an individual as an employee for purposes of this section, and (ii)the taxpayer has fully cooperated with reasonable requests from the Secretary of the Treasury or his delegate,then the burden of proof with respect to such treatment shall be on the Secretary.
(B)Exception for other reasonable basisIn the case of any issue involving whether the taxpayer had a reasonable basis not to treat an individual as an employee for purposes of this section, subparagraph (A) shall only apply for purposes of determining whether the taxpayer meets the requirements of subparagraph (A), (B), or (C) of subsection (a)(2). (5)Preservation of prior period safe harborIf—
(A)an individual would (but for the treatment referred to in subparagraph (B)) be deemed not to be an employee of the taxpayer under subsection (a) for any prior period, and (B)such individual is treated by the taxpayer as an employee for employment tax purposes for any subsequent period,then, for purposes of applying such taxes for such prior period with respect to the taxpayer, the individual shall be deemed not to be an employee.
(6)Substantially similar positionFor purposes of this section, the determination as to whether an individual holds a position substantially similar to a position held by another individual shall include consideration of the relationship between the taxpayer and such individuals. 3513.Safe harbor standards for determining employment status (a)General ruleFor purposes of this title, if the requirements of subsection (c) are met with respect to any service performed by any service provider, then with respect to such service—
(1)the service provider shall not be treated as an employee, (2)the service recipient shall not be treated as an employer,
(3)the payor shall not be treated as an employer, and (4)compensation paid or received for such service shall not be treated as paid or received with respect to employment.
(b)Statutory employeesNothing in this section shall supersede the categories of employees described in section 3121(d)(3). (c)Requirements (1)In generalThe requirements of this subsection are met if the requirements of paragraphs (2) and (3) are met.
(2)Investment or income fluctuationA service provider meets the requirements of this paragraph if the service provider— (A)incurs significant financial responsibility for providing and maintaining the necessary equipment and facilities to perform the work outlined in their qualified agreement, and
(B)either— (i)incurs unreimbursed expenses, or
(ii)risks income fluctuations because the remuneration with respect to such service is directly related to sales or other output rather than solely to the number of hours actually worked or expenses incurred. (3)Control of time worked and performance of servicesA service provider meets the requirements of this paragraph if the service provider—
(A)is compensated upon factors related to the work performed, such as a percentage of revenue or scheduled rates, and not solely on the basis of hours or time expended, and (B)substantially controls the means and manner of performing the services, in conformance with regulatory requirements, the specifications of the service recipient or payor and any additional requirements specified in the qualified agreement.
(d)DefinitionsFor the purposes of this section— (1)Service providerThe term service provider means any individual or entity that performs service for another company under a qualified agreement.
(2)Service recipientThe term service recipient means the person or entity for whom the service provider performs such service. (3)PayorThe term payor means the person or entity that pays the service provider for the performance of such service in the event that the service recipients do not pay the service provider.
(4)ExceptionsThe terms service recipient and payor do not include any entity which is owned in whole or in part by the service provider. (5)Qualified agreementThe term qualified agreement means a written contract between a service provider and the service recipient for whom the services are performed or the payor that provides that the service provider—
(A)will not be treated as an employee with respect to such services for the purpose of this title, and (B)has been informed of the Federal tax obligations resulting from such treatment..
(b)Conforming amendments
(1)Section 530 of the Revenue Act of 1978 is hereby repealed. (2)The table of sections for chapter 25 of such Code is amended by adding at the end the following new items:

Sec. 3512. Controversies involving whether individuals are employees for purposes of the employment taxes.
Sec. 3513. Safe harbor standards for determining employment status..
(c)Effective dates
(1)In generalExcept as provided in paragraph (2), the amendments made by this Act shall take effect beginning on the first day of the first calendar year beginning after the date of enactment of this Act. (2)Repeal of section 530The amendment made by subsection (b)(1) shall apply to periods in calendar years beginning after the date of enactment of this Act.


114 HR 6024 IH: Federal Law Enforcement and Public Protection Act
U.S. House of Representatives
2016-09-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 6024IN THE HOUSE OF REPRESENTATIVESSeptember 14, 2016Mr. DeSaulnier introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, 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 amend title 18, United States Code, to improve safety and security for service weapons used by
			 Federal law enforcement officers, and for other purposes.

 1.Short titleThis Act may be cited as the Federal Law Enforcement and Public Protection Act. 2.Improving safety and security for service weapons used by Federal law enforcement officers (a)In generalChapter 203 of title 18, United States Code, is amended by adding at the end the following:

					3064.Safety and security of service weapons used by Federal law enforcement officers
 (a)The head of each civilian or military Federal law enforcement agency shall prescribe requirements for the safe locking and storage of service firearms when they are not in use, to be followed by each Federal law enforcement officer in that agency and each person who assists that agency in its law enforcement functions, who carries a firearm as a service weapon. The agency shall, subject to the availability of appropriations, provide the appropriate equipment needed to comply with those requirements to each person to whom that agency’s requirements prescribed under this subsection apply.
 (b)In prescribing the requirements under subsection (a) the head of each agency shall adopt the following minimum standards for safe storage and locking:
 (1)Officers are responsible for the safe storage of their service firearm when not in their personal possession by using smart guns and smart locks, trigger locks, safes, gunlock boxes, or other means approved by the agency.
 (2)Service firearms shall not be stored in patrol or personally owned vehicles except for temporary storage when at court, when other options for safekeeping are not available, or if authorized by the agency.
 (3)Any violation of the requirements constitutes grounds for discipline, for which the agency shall consider imposing minimum punishment standards.
 (c)The head of each Federal civilian or military law enforcement agency shall report any loss or theft of a service firearm from that agency, any law enforcement officer in that agency, or any person assisting such an officer—
 (1)to relevant State and local law enforcement agencies; and (2)to the Bureau of Alcohol, Tobacco, and Firearms and the Federal Bureau of Investigation, in order to facilitate the central availability of information about the prevalence of such loss or theft.
 (d)The head of each civilian or military Federal law enforcement agency shall take appropriate action to ensure that any person who assists that agency in its law enforcement functions and carries a firearm in the course of doing so is trained in safe storage and locking practices.
 (e)The head of each civilian and military Federal law enforcement agency shall provide written materials to each Federal law enforcement officer in that agency, and each person who assists that agency in its law enforcement functions, who carries a firearm as a service weapon, about the statistical risks of keeping a firearm at home, especially if it is easily accessible.
 (f)There are authorized to be appropriated to carry out this section, including the provision of equipment under subsection (a), such sums as may be necessary.
						.
 (b)Clerical amendmentThe table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by adding at the end the following new item:

						3064. Safety and security of service weapons used by Federal law enforcement officers..