116 S2631 IS: Identity Theft Victims Protection Act of 2019
U.S. Senate
2019-10-17
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
		116th CONGRESS1st Session
		S. 2631
		IN THE SENATE OF THE UNITED STATES

			October 17, 2019
			Mr. Scott of Florida (for himself, Mrs. Capito, Mrs. Fischer, Mr. Rubio, Mr. Cotton, and Mrs. Blackburn) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

		A BILL
		To amend the Fair Credit Reporting Act to accurately report identity theft transactions in the
			 credit histories of criminal defendants.

 1.Short titleThis Act may be cited as the Identity Theft Victims Protection Act of 2019. 2.Accurate reporting of credit history information related to identity theft (a)In generalThe Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B (15 U.S.C. 1681c–2) the following:

					605C.Accurate reporting of credit history information related to identity theft
 (a)PurposeThe purpose of this section is— (1)to prevent information that is the result of identity theft from appearing in the credit history of a victim consumer; and
 (2)to accurately report the information in the credit history of the confirmed perpetrator of identity theft following a finding of guilt for a violation of section 1028(a)(7) or 1028A(a) of title 18, United States Code.
 (b)Transfer of Identity theft credit informationUpon direct request of a victim consumer, or an individual acting on behalf of or as a personal representative of a victim consumer, a consumer reporting agency described in section 603(p) that maintains a file on the consumer and has received appropriate proof of an act or acts of identity theft, as described in subsection (c), shall—
 (1)remove any information in the file of a victim consumer confirmed to be the result of identity theft; and
 (2)add the removed information to the file of the defendant found guilty of the identity theft. (c)Information necessary to effect transferThe direct request of a victim consumer, or an individual acting on behalf of or as a personal representative of a victim consumer under subsection (b), shall include the following information:
 (1)A certified copy of the indictment, information, or charging instrument filed in a court of competent jurisdiction alleging 1 or more acts of identity theft, in violation of section 1028 or 1028A(a) of title 18, United States Code, by a named defendant against a named victim consumer.
 (2)Appropriate proof of the identity of the defendant. (3)Appropriate proof of the identity of the victim consumer.
 (4)A certified copy of the judgment entered by a court of competent jurisdiction declaring the defendant guilty of 1 or more acts of identity theft or aggravated identity theft, as alleged in the indictment, information, or charging instrument, against the victim consumer.
 (5)Identification by the victim consumer of the information related to the confirmed act or acts of identity theft or aggravated identity theft by the defendant.
 (6)A statement by the victim consumer that the information is not information relating to any transaction by the consumer.
 (d)Authority To request additional informationA consumer reporting agency may request additional information from the individual or entity submitting information under subsection (b) if such additional information is necessary to confirm—
 (1)the identity of the victim consumer or the defendant; (2)the authenticity of any court document; or
 (3)the information in the file of the victim consumer requested to be removed. (e)Notification to furnishers of informationA consumer reporting agency shall promptly notify the furnisher of information identified by the victim consumer under subsection (b)—
 (1)that the information is the result of a judicially confirmed act of identity theft by the named defendant;
 (2)that the information identified as the result of identity theft has been removed from the file of the victim consumer, and the information has been added to the file of the defendant; and
 (3)the effective date of the addition of the information to the file of the defendant. (f)Notification to consumer reporting agenciesA consumer reporting agency described in section 603(p) that maintains a file on the consumer and has received the materials and information described in subsection (c) shall refer such information to each of the other consumer reporting agencies described in subsection 603(p), in accordance with procedures developed under section 621(f).
 (g)DefinitionIn this section, the term victim consumer has the meaning given the term victim in section 609(e).. (b)Technical and conforming amendmentThe table of contents for the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following:
				605C. Accurate reporting of credit history information related to identity theft..


		IA
		112th CONGRESS
		1st Session
		H. J. RES. 15
		IN THE HOUSE OF REPRESENTATIVES

			January 7, 2011
			Mr. Platts introduced
			 the following joint resolution; which was referred to the
			 Committee on the
			 Judiciary

		JOINT RESOLUTION
		Proposing an amendment to the Constitution
		  of the United States to authorize the line item veto.

		That the following article is proposed as
			 an amendment to the Constitution of the United States, which shall be valid to
			 all intents and purposes as part of the Constitution when ratified by the
			 legislatures of three-fourths of the several States within seven years after
			 the date of its submission for ratification:

				 —
					In
				the case of any bill, order, resolution, or vote which is presented to the
				President under section 7 of Article I, the President may decline to approve in
				whole any dollar amount of discretionary budget authority, any item of new
				direct spending, or any tax benefit. A matter which the President declines to
				approve under this article of amendment shall be returned with his objections
				to the House in which it originated, and shall be treated in the same manner as
				a bill which the President returns without signing under section 7 of Article
				I.
					.


		II
		111th CONGRESS
		1st Session
		S. 2381
		IN THE SENATE OF THE UNITED
		  STATES

			October 29, 2009
			Mr. Voinovich introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain
		  desk accessory cases with small, built-in amplifiers.

		1.Certain desk accessory cases with small,
			 built-in amplifiers
			(a)In generalSubchapter II of chapter 99 of the
			 Harmonized Tariff Schedule of the United States is amended by inserting in
			 numerical sequence the following new heading:

								9902.01.00Cases for desk accessories (provided for in subheading
						4202.92.90) with dimensions not exceeding approximately 267 mm H x 153 mm W x
						77 mm D, made of ethylene-vinyl acetate material covered in polyester fabric,
						having a three-sided zipper closure, with a small, battery-operated
						amplifierFreeNo changeNo changeOn or before
						12/31/2011

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


110 HR 1051 : National STEM Scholarship Database

U.S. House of Representatives
2007-06-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		110th CONGRESS
		1st Session
		H. R. 1051
		IN THE SENATE OF THE UNITED
		  STATES

			June 7, 2007
			 Received; read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		AN ACT
		To direct the Secretary of Education to
		  establish and maintain a public website through which individuals may find a
		  complete database of available scholarships, fellowships, and other programs of
		  financial assistance in the study of science, technology, engineering, and
		  mathematics.

		1.Short TitleThis Act may be cited as the
			 National STEM Scholarship Database
			 Act.
		2.National Database on
			 Financial Assistance For Study of Science, Technology, Engineering, and
			 Mathematics
			(a)Establishment
			 and Maintenance of Database
				(1)DatabaseThe
			 Secretary of Education shall establish and maintain, on the public website of
			 the Department of Education, a database consisting of information on
			 scholarships, fellowships, and other programs of financial assistance available
			 from public and private sources for the study of science, technology,
			 engineering, or mathematics at the post-secondary and post-baccalaureate
			 levels.
				(2)Presentation of
			 informationThe information maintained on the database
			 established under this section shall be displayed on the website in the
			 following manner:
					(A)Separate
			 information shall be provided for each of the fields of study referred to in
			 paragraph (1) and for post-secondary and post-baccalaureate programs of
			 financial assistance.
					(B)The database shall
			 provide specific information on any programs of financial assistance which are
			 targeted to individuals of a particular gender, ethnicity, or other demographic
			 group.
					(C)If the sponsor of
			 any program of financial assistance included on the database maintains a public
			 website, the database shall provide hyperlinks to the website.
					(D)In addition to
			 providing the hyperlink to the website of a sponsor of a program of financial
			 assistance as required under subparagraph (C), the database shall provide
			 general information that an interested person may use to contact the sponsor,
			 including the sponsor’s electronic mail address.
					(E)The database shall have a search capability
			 which permits an individual to search for information on the basis of each
			 category of the information provided and on the basis of combinations of
			 categories of the information provided, including whether the scholarship is
			 need- or merit-based and by relevant academic majors.
					(F)The database shall include a recommendation
			 that students and families should carefully review all of the application
			 requirements prior to applying for aid, and a disclaimer that the scholarships
			 presented in the database are not provided or endorsed by the Department of
			 Education or the Federal Government.
					(b)Dissemination of
			 Information on DatabaseThe Secretary shall take such actions as
			 may be necessary on an ongoing basis, including sending notices to secondary
			 schools and institutions of higher education, to disseminate information on the
			 database established and maintained under this Act and to encourage its use by
			 interested parties.
			(c)Use of Vendor To
			 Obtain InformationIn
			 carrying out this Act, the Secretary of Education shall enter into a contract
			 with a private entity under which the entity shall furnish and regularly update
			 all of the information required to be maintained on the database established
			 under this section.
			(d)Encouraging the
			 provision of informationIn
			 carrying out this Act, the Secretary of Education and the contracted entity
			 shall consult with public and private sources of scholarships and make easily
			 available a process for such entities to provide regular and updated
			 information.
			3.Authorization of
			 AppropriationsThere are
			 authorized to be appropriated to carry out this Act such sums as may be
			 necessary for fiscal years 2008 through 2012.

			Passed the House of Representatives June 6,
			 2007.
			Lorraine C. Miller,
			Clerk.Deborah M. Spriggs,
			Deputy Clerk.


		II
		112th CONGRESS
		1st Session
		S. 387
		IN THE SENATE OF THE UNITED STATES

			February 17, 2011
			Mrs. Boxer (for herself,
			 Mr. Burr, and Mrs. Gillibrand) introduced the following bill;
			 which was read twice and referred to the Committee on Armed
			 Services

		A BILL
		To amend title 37, United States Code, to provide
		  flexible spending arrangements for members of the uniformed services, and for
		  other purposes.

		1.Flexible spending
			 arrangements for the uniformed services
			(a)Flexible
			 spending arrangements
				(1)In
			 generalChapter 3 of title 37, United States Code, is amended by
			 adding at the end the following new section:

						213.Flexible
				spending arrangements
							(a)Flexible
				spending arrangements for the uniformed services(1)Not later than 180 days
				after the date of the enactment of this section, each Secretary concerned shall
				establish procedures to implement flexible spending arrangements with respect
				to basic pay under section 204 of this title for health care and dependent care
				on a pre-tax basis in accordance with regulations prescribed under sections
				106(c) and 125 of the Internal Revenue Code of 1986.
								(2)In establishing the procedures
				required by paragraph (1), each Secretary concerned shall consider life events
				of members of the uniformed services that are unique to them as members of the
				uniformed services, including changes relating to permanent changes of duty
				station and deployments to overseas contingency operations.
								(b)Deductions not
				prohibited for enlisted membersSection 701(c) of this title,
				relating to assignment of the pay of an enlisted member, may not be construed
				to prohibit or invalidate the arrangements authorized by this section with
				respect to the pay or compensation of an enlisted
				member.
							.
				(2)Clerical
			 amendmentThe table of sections at the beginning of chapter 3 of
			 such title is amended by inserting after the item relating to section 204 the
			 following new item:

							213. Flexible spending
				arrangements.

						.
				(b)Implementation
			 and source of funds
				(1)ImplementationEach
			 Secretary concerned shall establish the procedures required by section 213(a)
			 of such title, as added by subsection (a)(1), not later than 180 days after the
			 date of the enactment of this Act.
				(2)Source of
			 fundsTo cover the cost of establishing the procedures described
			 in paragraph (1), each Secretary concerned shall use funds otherwise available
			 for the operation of the Office of that Secretary.
				(3)Secretary
			 concerned definedIn this subsection, the term Secretary
			 concerned has the meaning given such term in section 101 of such
			 title.
				(c)Review of applicability to members of
			 reserve components of the uniformed services
				(1)In
			 generalNot later than 180
			 days after the date of the enactment of this Act, the Secretary of Defense
			 shall submit to the congressional defense committees recommendations on the
			 advisability of authorizing flexible spending arrangements as described in such
			 section 213(a), for pay received as a member of a reserve component of the
			 uniformed services other than under section 204 of such title.
				(2)Congressional
			 defense committees definedIn this subsection, the term
			 congressional defense committees has the meaning given such term
			 in section 101(a) of title 10, United States Code.


115 HRES 837 IH: Honoring Captain Tammie Jo Shults and the crew of Southwest Flight 1380 for their bravery, knowledge, and dedication to the safety of passengers on board.
U.S. House of Representatives
2018-04-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS2d SessionH. RES. 837IN THE HOUSE OF REPRESENTATIVESApril 23, 2018Ms. McSally (for herself, Mr. Schweikert, Mr. Marshall, Mr. Poliquin, Mr. Jones, Mr. Knight, Mrs. Hartzler, Mr. Norman, Mr. Hurd, Ms. Adams, Mr. Payne, Mr. Lipinski, Ms. Wilson of Florida, Ms. Michelle Lujan Grisham of New Mexico, Mr. Turner, Mr. Cohen, Mr. Pearce, Mr. Bacon, Mr. Cook, Mr. Walker, Mr. Olson, and Ms. Clarke of New York) submitted the following resolution; which was referred to the Committee on Transportation and InfrastructureRESOLUTIONHonoring Captain Tammie Jo Shults and the crew of Southwest Flight 1380 for their bravery,
			 knowledge, and dedication to the safety of passengers on board.

 Whereas, on April 17, 2018, Captain Tammie Jo Bonnell Shults piloted Southwest Flight 1380, destined for Dallas, Texas, from New York’s LaGuardia Airport;
 Whereas 149 people were on board Flight 1380, 144 passengers and five crew members; Whereas Flight 1380 suffered an in-flight failure of its left engine approximately twenty minutes after takeoff, sending shrapnel into the fuselage;
 Whereas seven passengers were injured and the life of Jennifer Riordan, of Albuquerque, New Mexico, was tragically lost during the accident;
 Whereas Riordan is survived by two children and her husband, Michael Riordan; Whereas, on April 17, 2018, Albuquerque Mayor Tim Keller said in a statement that Riordan’s death is a “tremendous and tragic loss” and “her leadership and philanthropic efforts made [Albuquerque] a better place every day and she will be terribly missed”;
 Whereas, the co-pilot of Flight 1380, Darren Ellisor, was an Air Force pilot for more than 10 years before joining Southwest Airlines;
 Whereas Captain Shults’s experience and quick thinking allowed her to successfully complete an emergency landing at the Philadelphia International Airport, saving the lives of every passenger except for Riordan and avoiding any casualties on the ground;
 Whereas, after making a safe emergency landing, Captain Shults entered the cabin to speak to each of the passengers personally;
 Whereas Captain Shults was one of the first female fighter pilots in the Navy’s history and one of the first women to fly F/A–18 Hornets;
 Whereas, although she was never allowed to fly in combat, she became an aggressor pilot and an instructor;
 Whereas a friend of Captain Shults said that her military training prepared her for this moment, “those are the kinds of people you want as pilots,” and “that’s what she does, and she’s good at it”; and
 Whereas, thanks to the calmness, courage, heroism, and experience demonstrated by Captain Shults and the crew of Southwest Flight 1380, 148 lives were saved and countless others were spared: Now, therefore, be it

 That the House of Representatives— (1)commends Captain Tammie Jo Shults and the crew of Flight 1380 for their courage and heroism;
 (2)praises Captain Tammie Jo Shults not only for her commitment to the safety of the passengers on her plane, but for her determination to further women’s role in military and commercial aviation; and
 (3)mourns the loss of Jennifer Riordan and expresses its condolences to her family.


110 HCON 187 : Expressing the sense of Congress regarding

U.S. House of Representatives
2007-07-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		110th CONGRESS
		1st Session
		H. CON. RES. 187
		IN THE SENATE OF THE UNITED
		  STATES

			July 26, 2007
			 Received and referred to the
			 Committee on Environment and Public
			 Works

		CONCURRENT RESOLUTION
		Expressing the sense of Congress regarding
		  the dumping of industrial waste into the Great Lakes.

		Whereas the Great Lakes are the largest surface freshwater
			 system on the planet;
		Whereas the Great Lakes account for 95 percent of the
			 United States’ surface fresh water and about 21 percent of the world’s
			 supply;
		Whereas the Great Lakes provide drinking water for more
			 than 30 million Americans;
		Whereas, on May 18, 2004, President George W. Bush said
			 the Great Lakes are a national treasure;
		Whereas Congress has expressed its commitment to
			 protecting the Great Lakes from pollutants and contaminants through the Clean
			 Water Act and subsequent legislation;
		Whereas the United States Environmental Protection Agency
			 (EPA) and Environment Canada joined together in promulgating the Great Lakes
			 Binational Toxics Strategy to eliminate the presence of persistent toxic
			 substances in the Great Lakes basin;
		Whereas the mixing zones that dilute toxic
			 chemicals discharged into the Great Lakes system have been controversial as a
			 possible threat to humans, fish and wildlife;
		Whereas the Great Lakes are plagued by pollutants such as
			 mercury, PCBs, ammonia, DDT, alkylated lead, hexachlorobenzene, TCDD,
			 toxaphene, and others;
		Whereas high amounts of ammonia can cause algae blooms
			 that threaten fish and water quality;
		Whereas the Indiana Department of Environmental Management
			 recently issued a permit to BP PLC to allow their facility in Whiting, IN, to
			 release 54 percent more ammonia and 35 percent more total suspended solids into
			 Lake Michigan each day;
		Whereas the BP Whiting facility will now be allowed to
			 dump an average of 1,584 pounds of ammonia and 4,925 pounds of total suspended
			 solids daily into Lake Michigan;
		Whereas the Great Lakes already face myriad challenges
			 from chemicals and pollutants, including a steep increase in fish consumption
			 warnings and record numbers of beach closures; and
		Whereas Congress has a clear role in protecting the Great
			 Lakes as an entity that spans across State and international boundaries: Now,
			 therefore, be it

		That it is the sense of Congress
			 that—
			(1)Congress expresses its disapproval of the
			 Indiana Department of Environmental Management’s issuance of a permit allowing
			 BP to increase their daily dumping of ammonia and total suspended solids into
			 Lake Michigan;
			(2)Congress urges the State of Indiana to
			 reconsider issuance of a permit allowing BP to increase their daily dumping of
			 ammonia and total suspended solids into Lake Michigan;
			(3)Congress should
			 take action to protect and restore the Great Lakes;
			(4)the United States
			 Environmental Protection Agency’s actions in the Great Lakes basin should be
			 consistent with the goal of preserving and restoring the Great Lakes;
			 and
			(5)the United States
			 Environmental Protection Agency should not allow increased dumping of chemicals
			 and pollutants into the Great Lakes.

			Passed the House of
			 Representatives July 25, 2007.
			Lorraine C. Miller,
			Clerk.


		I
		111th CONGRESS
		2d Session
		H. R. 6167
		IN THE HOUSE OF REPRESENTATIVES

			September 22, 2010
			Mr. Oberstar (for
			 himself and Mr. Cummings) introduced
			 the following bill; which was referred to the
			 Committee on Transportation and
			 Infrastructure

		A BILL
		To amend title 46, United States Code, to require the
		  Federal Maritime Commission to maintain an Office of Dispute Resolution and
		  Customer Advocate, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Shipping Act of
			 2010.
		2.ReferencesExcept as otherwise expressly provided,
			 whenever in this Act an amendment or repeal is expressed in terms of an
			 amendment to, or repeal of, a section or other provision, the reference shall
			 be considered to be made to a section or other provision of title 46, United
			 States Code.
		3.Office of Dispute
			 Resolution and Customer Advocate
			(a)In
			 generalChapter 3 is amended
			 by adding at the end the following new section:

					308.Office of
				Dispute Resolution and Customer Advocate
						(a)In
				general(1)The Commission shall
				maintain an Office of Dispute Resolution and Customer Advocate that
				shall—
								(A)mediate disputes between persons
				subject to the Commission’s jurisdiction;
								(B)facilitate communication among persons
				subject to the Commission’s jurisdiction and their customers; and
								(C)carry out other duties and powers
				prescribed by the Commission.
								(2)The confidentiality and neutrality
				provisions of the subchapter IV of chapter 5, United States Code, shall apply
				to those mediation and facilitation services.
							(b)OmbudsmanThe
				Chairman may designate an employee of the Commission to serve as an ombudsman
				of the Commission in matters of Commission interest, including matters related
				to ocean transportation, mergers and acquisitions, or any other matter
				designated by the
				Commission.
						.
			(b)Conforming
			 amendmentThe analysis at the beginning of such chapter is
			 amended by adding at the end the following new item:

						308. Office of Dispute Resolution and Customer
				Advocate.

					.
			4.Ocean Shipping
			 Advisory Committee
			(a)In
			 generalChapter 3 is further
			 amended by adding at the end the following new section:

					309.Ocean Shipping
				Advisory Committee
						(a)In
				generalThe Commission shall establish an Ocean Shipping Advisory
				Committee. The Committee—
							(1)may review
				proposed ocean shipping regulations and policies of the Commission and make
				recommendations to the Commission that the Committee considers
				appropriate;
							(2)may advise, consult with, report to, and,
				upon approval by at least all but one of the members then serving on the
				Committee, make recommendations to the Commission on matters relating to ocean
				shipping transportation by persons subject to this subtitle;
							(3)may make available
				to Congress recommendations that the Committee makes to the Commission;
							(4)shall meet at the
				call of—
								(A)the Chairman of
				the Commission, in consultation with the other Commissioners, who shall call
				such a meeting at least once during each calendar year; or
								(B)a majority of the
				Committee; and
								(5)shall not
				intervene in or seek to influence formal or informal adjudicatory or dispute
				resolution proceedings before the Commission.
							(b)Membership
							(1)In
				generalThe Committee shall consist of 18 members appointed by
				the Commission in accordance with this subsection, each of whom has at least 5
				years practical experience in their respective ocean shipping operations. The
				term of each member shall be 5 years. Before filling a position on the
				Committee, the Commission shall publish a notice in the Federal Register
				soliciting nominations for membership on the Committee.
							(2)RepresentativesThe
				membership of the Committee shall include—
								(A)6 representatives
				of ocean common carriers with representation to include those serving the east,
				west, gulf and Great Lakes coasts of the United States;
								(B)3 representatives
				of nonvessel-operating common carriers;
								(C)3 representatives
				of ocean freight forwarders;
								(D)3 representatives
				of shippers that import goods into the United States, at least one of which
				must represent small shippers; and
								(E)3 representatives
				of shippers that export goods from the United States, at least one of which
				must represent small shippers.
								(c)Chairman and
				Vice Chairman
							(1)In
				generalThe Committee shall elect one of its members as the
				Chairman and one of its members as the Vice Chairman. The Vice Chairman shall
				act as Chairman in the absence or incapacity of the Chairman, or in the event
				of a vacancy in the office of the Chairman.
							(2)Designation of
				observerThe Chairman of the Commission shall designate a
				representative to participate as an observer with the Committee. The individual
				so designated shall act as the executive secretary of the Committee and shall
				perform the duties set forth in section 10(c) of the Federal Advisory Committee
				Act (5 U.S.C. App.).
							(d)Consideration of
				information, advice, and recommendationsThe Commission shall consider the
				information, advice, and recommendations of the Committee in formulating policy
				regarding matters affecting ocean commerce.
						(e)Compensation and
				expenses
							(1)In
				generalA member of the Committee, when attending meetings of the
				Committee or when otherwise engaged in the business of the Committee, may
				receive—
								(A)compensation at a
				rate fixed by the Chairman of the Commission, not exceeding the daily
				equivalent of the then current rate of basic pay in effect for Level 18 of the
				General Schedule under section 5332 of title 5, including for travel time;
				and
								(B)travel or
				transportation expenses under section 5703 of title 5.
								(2)Not an officer
				or employeeA member of the Committee shall not be considered to
				be an officer or employee of the United States for any purpose based on their
				receipt of any payment under this subsection.
							(f)Termination
							(1)In
				generalNotwithstanding any provision of the Federal Advisory
				Committee Act (5 U.S.C. App.), the Committee terminates on September 30,
				2015.
							(2)Recommendation
				regardingTwo years before the termination date under paragraph
				(1), the Committee shall submit to Congress its recommendation regarding
				whether the Committee should be renewed and continued beyond the termination
				date.
							.
			(b)Conforming
			 amendmentThe analysis at the beginning of such chapter is
			 amended by adding at the end the following new item:

						309. Ocean Shipping Advisory
				Committee.

					.
			5.Purposes of
			 regulation of ocean shippingSection 40101(3) is amended to read as follows:

				(3)to allow, to the
				maximum extent possible, competition and the demand for services to determine
				fair and efficient market rates and charges for transportation by common
				carriers;
				and
				.
		6.Amendments to
			 definitions for part
			(a)In
			 generalSection 40102 is amended—
				(1)by striking
			 paragraph (7);
				(2)by redesignating
			 paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
				(3)by redesignating
			 paragraphs (10) through (22) as paragraphs (12) through (24),
			 respectively;
				(4)by redesignating
			 paragraphs (23) through (25) as paragraphs (26) through (28),
			 respectively;
				(5)by inserting after
			 paragraph (4) the following:

						(5)Capacity
				rationalizationThe term capacity rationalization
				means a concerted reduction, stabilization, withholding, or other limitation in
				any manner by ocean common carriers on the size or number of vessels or
				available space offered collectively or individually to shippers in any trade
				or
				service.
						;
				(6)by striking
			 ocean in paragraph (8);
				(7)by inserting after
			 paragraph (9) the following:

						(10)Efficiency and
				service-enhancing agreementThe term efficiency and
				service-enhancing agreement means an agreement between ocean common
				carriers that—
							(A)is likely to
				produce cognizable efficiencies and improves the service and reliability that
				would be offered individually by each of its members in the absence of such
				agreement, while maintaining adequate competition in a trade or service;
				and
							(B)gives members of
				the agreement the right to withdraw from the agreement without financial or
				other penalty.
							(11)Equipment
				providerThe term equipment provider means a
				person in the United States that rents or leases marine cargo containers, or
				chassis for marine cargo containers, to shippers or common carriers for use in
				or related to transportation by water of cargo between the United States and a
				foreign
				country.
						;
				(8)by amending
			 paragraph (22), as so redesignated, to read as follows:

						(22)Service
				contractThe term service contract means a written
				contract, other than a bill of lading or receipt, between one or more shippers
				and a common carrier, in which—
							(A)the shipper or
				shippers commit to providing a certain volume or portion of cargo over a fixed
				time period; and
							(B)the common carrier
				commits to a certain rate or rate schedule and a defined service level that
				includes assured space and other service
				features.
							;
				and
				(9)by inserting after
			 paragraph (24), as so redesignated, the following:

						(25)SurchargeThe
				term surcharge means an amount charged by a common carrier
				related directly to a particular expense or cost incurred by the common carrier
				that is not included in the basic freight
				rate.
						.
				(b)Conforming
			 amendmentSection 431A(b)(1) of the Tariff Act of 1930 (19 U.S.C.
			 Sec. 1431a(b)(1)) is amended by striking section 40102(16) and
			 inserting section 40102(18).
			7.Administrative
			 exemptionsSection 40103(a) is
			 amended by striking agreements and all that follows through
			 from any requirement and inserting agreements subject to
			 this part or any specified activity of persons subject to this part from any
			 requirement.
		8.Treatment of
			 certain commission orders as investigative ordersSection 40104(b) is amended to read as
			 follows:

				(b)Treatment of
				certain Commission orders as investigative ordersA Commission order requiring a report,
				account, record, rate, charge, or memorandum pursuant to subsection (a)
				constitutes an investigative order to specific individuals or entities rather
				than a collection of information from a category or class of individuals or
				entities.
				.
		9.Application of
			 laws regulating ocean shippingSection 40301 is amended as follows:
			(1)By amending
			 subsection (a) to read as follows:

					(a)Ocean common
				carrier agreementsThis part applies to an efficiency and
				service-enhancing agreement between or among ocean common carriers to—
						(1)share vessels or
				space on voyages between ports;
						(2)discuss the number
				and character of voyages between those ports; and
						(3)engage in an
				exclusive, preferential, or cooperative working arrangement between themselves
				or with a marine terminal
				operator.
						.
			(2)In subsection (c)
			 by inserting before the period the following: that does not result in a
			 change of control of an ocean common carrier.
			10.Restrictions on
			 ocean common carrier agreements
			(a)In
			 generalSection 40303 is amended as follows:
				(1)By striking so
			 much as precedes subsection (d) and inserting the following:

						(a)Ocean common
				carrier agreementsAn agreement between or among ocean common
				carriers may not—
							(1)allow members of
				the agreement to discuss, fix, or negotiate any kind of rate or charge with
				another member of the agreement;
							(2)allow members of
				the agreement to discuss or agree on capacity rationalization;
							(3)allow members of
				the agreement to establish a joint service, or pool or divide cargo traffic,
				earnings, revenues, or losses;
							(4)allow all members
				of the agreement to allocate customers or markets;
							(5)allow members of
				the agreement to discuss or agree with another member on any service contract
				matter;
							(6)prohibit or
				restrict a member of the agreement from engaging in negotiations for a service
				contract with a shipper; or
							(7)require a member
				of the agreement to disclose a negotiation on a service contract, or the terms
				of a service contract, other than those terms required to be published under
				section 40502(d) of this
				title.
							.
				(2)By redesignating
			 subsection (d) as subsection (b).
				(b)Conforming
			 amendmentSection 41105(6)(A) is amended by striking
			 40303(d) and inserting 40303(b).
			11.Commission
			 actionSection 40304 is
			 amended—
			(1)in subsection (b),
			 by inserting is not an efficiency and service-enhancing agreement
			 or after finds;
			(2)in subsection
			 (c)—
				(A)in the matter
			 preceding paragraph (1), by inserting or an ocean common carrier
			 agreement after assessment agreement; and
				(B)in paragraph (2)
			 by striking (d) and inserting (e);
				(3)by redesigning
			 subsections (d) through (f) as subsection (e) through (g), respectively;
			(4)by inserting after
			 subsection (c) the following new subsection:

					(d)Approval by
				commission
						(1)In
				generalAn ocean common carrier agreement filed under this part
				is not effective until it is approved by the Commission as meeting the
				requirements of this part.
						(2)Deadline for
				ApprovalExcept as provided in subsection (e), the Commission
				shall vote on whether or not to approve an agreement before the later
				of—
							(A)the end of the
				90-day period beginning on the date it is filed; or
							(B)if additional
				information or documents are requested under subsection (e), the end of the
				90-day period beginning on the date the Commission receives all the additional
				information and
				documents.
							;
			(5)in subsection (e),
			 as so redesignated, by inserting or (d) after subsection
			 (c)(1);
			(6)in subsection
			 (f)(2), as so redesignated—
				(A)by inserting
			 before the first sentence the following:

						(A)In
				general
						;
				and
				(B)by adding at the
			 end the following new subparagraph:

						(B)ExtensionsIf
				a person filing an agreement, or an officer, director, agent, or employee of
				that person, fails to substantially comply with a request for the submission of
				additional information or documents within the period provided in subsection
				(d), the Commission may extend such period until there has been substantial
				compliance with the request of the Commission under subsection
				(e).
						;
				and
				(7)in subsection (g),
			 as so redesignated, by inserting before the period the following: ,
			 except for an agreement approved under subsection (d).
			12.ExemptionSection 40307 is amended—
			(1)in subsection
			 (a)(7), by inserting before the period the following: to the extent that
			 such an agreement is approved under this part after January 1, 2011;
			 and
			(2)in subsection (d),
			 by striking by this part and inserting by section
			 41106.
			13.General rate and
			 tariff requirementsSection
			 40501 is amended—
			(1)in subsection
			 (a)(1), by striking Each and all that follows through
			 system, and inserting Each common carrier shall maintain
			 for public inspection in an automated tariff system on the
			 Internet,;
			(2)in subsection (b)—
				(A)in paragraphs (3)
			 and (4), by striking or conference each place it appears;
			 and
				(B)by striking
			 and after the semicolon at the end of paragraph (5), by striking
			 the period at the end of paragraph (6) and inserting a semicolon, and by adding
			 at the end the following new paragraphs:

						(7)separately state
				the charges by the carrier for providing or handling equipment; and
						(8)clearly describe
				any surcharge contained in the
				tariff.
						;
				(3)in subsection (c),
			 by striking the last sentence and inserting the following: No fee may be
			 charged for such access.; and
			(4)in subsection
			 (e)(2), by striking on publication and inserting
			 immediately.
			14.Service
			 contractsSection 40502 is
			 amended—
			(1)in subsection (a),
			 by striking ocean common carrier or an agreement between or among ocean
			 common carriers and inserting common carrier;
			(2)in subsection
			 (b)(2), by striking ocean common carrier or an agreement shall be
			 filed and inserting common carrier shall be filed electronically
			 and;
			(3)in subsection (c)—
				(A)in paragraph (7),
			 by striking and after the semicolon at the end;
				(B)in paragraph (8),
			 by striking the period at the end and inserting , by common carrier and
			 shipper parties.; and
				(C)by adding at the
			 end the following new paragraph:

						(9)separately state the charges by the carrier
				for providing
				equipment.
						;
				(4)in subsection (d),
			 by striking and (6) and inserting , (6), and (9);
			 and
			(5)in subsection (f)—
				(A)in the first
			 sentence, by striking exclusive; and
				(B)by adding at the
			 end the following: This subsection does not apply to mediation before
			 the Commission at the request of any party to the service contract or to a
			 dispute covered by section 40505(b) of this title..
				15.Refunds and
			 waiversSection 40503 is
			 amended by striking or conference each place it appears.
		16.Compilation of
			 complaints and service reliability data
			(a)In
			 generalChapter 405 is amended by adding at the end the following
			 new section:

					40504.Compilation
				of complaints and service reliability data
						(a)DatabaseThe
				Commission shall establish and maintain a database of complaints received by
				the Commission.
						(b)An annual report
				of service complaints
							(1)In
				generalThe Commission shall post an annual report of formal and
				informal service complaints received by the Commission during the previous year
				that shall include—
								(A)the quantity of
				each type of complaint;
								(B)the geographic
				region of the complaints; and
								(C)the resolution of
				the complaints, if appropriate.
								(2)Limitation on
				identification of complainantThe annual report may identify a
				complainant that submitted an informal complaint only upon the written consent
				of the complainant.
							(c)Reliability
				indicators
							(1)In
				generalThe Commission shall, by regulation, require ocean common
				carriers to report frequency and duration of delays in shipments, all instances
				in which cargo has not been transported on a voyage for which it was booked,
				and other service or reliability indicators as determined by the Commission to
				be appropriate.
							(2)Annual
				report
								(A)In
				generalThe Commission shall issue an annual report of service
				and reliability indicators for each ocean common carrier.
								(B)Posting on
				InternetThe reports shall be posted on the Commission’s public
				Internet Web
				site.
								.
			(b)Clerical
			 amendmentThe analysis at the beginning of such chapter is
			 amended by adding at the end the following new item:

						40504. Compilation of complaints and
				service reliability
				data.

					.
			17.Arbitration of
			 disputes
			(a)In
			 generalChapter 405 is further amended by adding at the end the
			 following new section:

					40505.Arbitration
				of disputes regarding common carrier services
						(a)In
				generalNot later than one year after enactment of the Ocean
				Shipping Act of 2010, the Commission shall prescribe regulations to establish a
				binding arbitration process to resolve complaints subject to the jurisdiction
				of the Commission and within the scope of disputes to which the process applies
				under subsection (b).
						(b)Covered
				disputesThe binding arbitration process—
							(1)shall apply to
				disputes involving service contracts, common carrier practices, and common
				carrier service expectations that are subject to the jurisdiction of the
				Commission;
							(2)shall not apply to
				disputes to obtain the grant, denial, stay, or revocation of any license,
				authorization, or exemption;
							(3)shall not apply to
				disputes solely between 2 or more ocean common carriers; and
							(4)shall be agreed
				upon by the parties to dispute.
							(c)Arbitration
				procedures
							(1)In
				generalThe Commission—
								(A)may make the
				binding arbitration process available only to the relevant parties—
									(i)after the filing
				of a formal complaint; or
									(ii)on petition by a
				party at the conclusion of any informal dispute resolution process provided by
				the Commission for a complaint subject to this section;
									(B)shall determine
				whether to pursue a proceeding under the binding arbitration process no later
				than 30 days after the filing of a petition or formal complaint; and
								(C)may make the
				binding arbitration proceeding and decision confidential following a request of
				the parties submitted at the time of filing the petition or formal
				complaint.
								(2)Prohibition on
				separate reviewThe Commission may not separately review a
				complaint or dispute related to a rate, practice, or common carrier service
				that is the subject of a binding arbitration initiated under this subsection
				involving the same parties.
							(3)Consideration of
				published service expectationsIn resolving disputes involving
				common carrier service expectations, the arbitrator shall consider service
				expectations as published under section 40501(h) of this title.
							(d)Arbitration
				decisionsAny decision reached in an arbitration proceeding under
				this section shall—
							(1)be consistent with
				this part;
							(2)be in writing and
				contain findings of fact and conclusions;
							(3)have no
				precedential effect in any other or subsequent arbitration proceeding under
				this section; and
							(4)be binding upon
				the parties.
							(e)Timelines
							(1)In
				generalIn an arbitration proceeding under this section—
								(A)the arbitrator shall be selected within 14
				days after the Commission’s decision to initiate arbitration;
								(B)the evidentiary
				phase of the arbitration shall be completed within 90 days after the date of
				initiation of the arbitration proceeding, unless a party requests an extension
				and the arbitrator grants it; and
								(C)the arbitrator
				shall issue a decision within 30 days after the close of the evidentiary
				record.
								(2)Extension of
				deadlinesThe Commission may extend any of the deadlines in this
				subsection.
							(f)ArbitratorsArbitration
				under this section shall be conducted by an arbitrator selected from a roster,
				maintained by the Commission, of Commission staff or persons in the private
				sector with transportation, economic regulation, professional or business
				experience, including agriculture. If the parties cannot mutually agree on an
				arbitrator, the parties shall select an arbitrator from the roster by
				alternately striking names from the roster until only 1 name remains. The
				parties shall share the costs of the arbitration equally. With respect to
				arbitration involving a controlled carrier, the arbitrator may not be
				controlled by or in any way affiliated with a government that owns or controls
				the carrier.
						(g)Relief
							(1)LimitationA
				decision under this section may award the payment of damages, but the value of
				the award may not exceed $250,000 per year and the award may not cover a total
				time period of more than 2 years.
							(2)ReviewThe
				Commission shall periodically review the amount in paragraph (1) and adjust it
				as necessary to reflect inflation.
							(h)Commission
				reviewIf a party to an arbitration proceeding under this section
				appeals an arbitrator’s decision to the Commission, the Commission may review
				the decision under this section to determine if—
							(1)the decision is
				consistent with this part as applied by the Commission; or
							(2)if the award
				limitation in subsection (g) is complied
				with.
							.
			(b)Clerical
			 amendmentThe analysis at the beginning of such chapter is
			 amended by adding at the end the following new item:

						40504. Arbitration of disputes regarding
				common carrier
				services.

					.
			18.Clerical
			 amendments relating to controlled carriersChapter 407 is amended—
			(1)by striking the
			 heading for section 40701 and inserting the following:

					40701.Controlled
				carrier
				rates
					;
			(2)by striking the
			 heading for section 40702 and inserting the following:

					40702.Controlled
				carrier rate
				standards
					;
			(3)by striking the
			 heading for section 40703 and inserting the following:

					40703.Effective
				date of controlled carrier rates
					;

				and(4)in the analysis at
			 the beginning of the chapter, by striking the items relating to sections 40701,
			 40702, and 40703 and inserting the following:

						40701. Controlled carrier
				rates.
						40702. Controlled carrier rate
				standards.
						40703. Effective date of controlled
				carrier
				rates.

					.
			19.Commission
			 review of rates, charges, etc.: investigation and civil penalties of controlled
			 carriersSection 40704 is
			 amended—
			(1)in subsection (b),
			 by adding at the end the following In making this determination, the
			 Commission may investigate any relevant conduct under sections 41302 to 41304
			 of this title.; and
			(2)by adding at the
			 end the following new subsection:

					(f)Civil
				penaltiesIn addition to any action authorized under this section
				with respect to a rate, charge, classification, rule, or regulation the
				Commission determines to be unjust or unreasonable, the Commission may assess
				civil penalties under section
				41109.
					.
			20.Ocean
			 transportation intermediaries: prohibition on advertisingSection 40901(a) is amended in the first
			 sentence by inserting advertise, hold oneself out, or after
			 may not.
		21.Ocean
			 transportation intermediaries: financial responsibility and resident
			 agentsSection 40902 is
			 amended—
			(1)in subsection (a),
			 by inserting advertise, hold oneself out, or after may
			 not; and
			(2)in subsection (d),
			 by inserting before the period the following: , and Commission requests
			 or demands for records or reports.
			22.Ocean
			 transportation intermediaries: suspension or revocation of license for failure
			 to comply with commission requestsSection 40903(a) is amended by striking
			 or after the semicolon at the end of paragraph (1), striking the
			 period at the end of paragraph (2) and inserting ; or and by
			 adding at the end the following new paragraph:

				(3)failed to comply
				with a Commission subpoena or request for
				records.
				.
		23.Repeal of
			 prohibitions of certain paymentsSection 40904(d) is amended by striking so
			 much as precedes limit the payment of compensation and inserting
			 the following:

				(d)Prohibition on
				limiting payment of compensation to an ocean freight forwarderAn
				ocean common carrier may
				not
				.
		24.Repeal of
			 definition of joint venture and consortium
			(a)RepealSection
			 41101 is repealed.
			(b)Clerical
			 amendmentThe analysis at the beginning of chapter 411 is amended
			 by striking the item relating to such section.
			25.Repeal of
			 authorities to disclosure of informationSection 41103 is amended—
			(1)in subsection (b),
			 by adding or after the semicolon at the end of paragraph (1),
			 striking ; or at the end of paragraph (2) and inserting a
			 period, and striking paragraph (3); and
			(2)by striking
			 subsection (c).
			26.Additional
			 prohibitions of certain actions by common carriers
			(a)In
			 generalSection 41104 is amended—
				(1)by redesignating
			 paragraphs (3) through (12) as paragraphs (4) through (13);
				(2)by inserting after
			 paragraph (2) the following new paragraph:

						(3)refuse or threaten
				to refuse cargo space accommodations when
				available;
						;
				(3)in paragraph (4),
			 as so redesignated, by striking refusing, or threatening to refuse,
			 cargo space accommodations when available, or resort to other;
				(4)by striking
			 or after the semicolon at the end of paragraph (12), as so
			 redesignated;
				(5)in paragraph (13),
			 as so redesignated, by striking the period and inserting a semicolon;
			 and
				(6)by adding at the
			 end the following new paragraphs:

						(13)discriminate
				against a shipper or ocean transportation intermediary for supplying their own
				equipment;
						(14)engage in an
				unfair or deceptive practice or an unfair method of competition in ocean
				transportation or the sale of ocean transportation;
						(15)engage in
				deceptive or fraudulent practices including unreasonable failure to provide
				transportation services as agreed to in the contract;
						(16)take any action
				that may have the effect of unreasonably and substantially lessening
				competition in a trade;
						(17)discriminate
				against a shipper on the basis of nationality or association with another
				common carrier;
						(18)refuse to deliver
				or release a shipment, if such refusal is based on debts, claims, or amounts
				owed that are unrelated to a debt, claim, or amount owed by that shipper;
				or
						(19)impose a
				surcharge that is unreasonable or does not comply with the requirements of this
				part.
						.
				(b)Conforming
			 amendmentsSection 41305 is amended—
				(1)in subsection (c),
			 by striking 41103(3) or (6) and inserting 41103 (4) or
			 (7); and
				(2)in subsection (d),
			 by striking 41104(4)(4)(A) and inserting
			 41104(5)(A).
				27.Concerted
			 actionSection 41105 is
			 amended—
			(1)in the matter
			 preceding paragraph (1), by striking conference or;
			(2)in paragraph (3),
			 by striking of a common carrier not a member of the conference, a group
			 of common carriers and inserting of a common carrier;
			(3)in paragraph (4),
			 by striking conference, joint venture, and inserting
			 joint venture; and
			(4)in paragraph (6), by—
				(A)striking
			 that are parties to the agreement; and
				(B)striking
			 that is a party to the agreement.
				28.Monetary
			 penaltiesSection 41107(a) is
			 amended by—
			(1)striking
			 $5,000 and inserting $25,000; and
			(2)striking ,
			 $25,000 and inserting $75,000.
			29.Additional
			 penaltiesSection 41108 is
			 amended—
			(1)in subsection (a),
			 by striking , or that common carrier’s right to use any or all tariffs
			 of conferences of which it is a member,; and
			(2)in subsection
			 (c)(1)(A), by striking or the carrier’s right to use any or all tariffs
			 of conferences of which it is a member.
			30.Ocean
			 transportation practices study
			(a)StudyWithin 180 days after the date of enactment
			 of this Act, the Federal Maritime Commission shall initiate a study of ocean
			 transportation practices, including delay of cargo, surcharges, penalties,
			 demurrage, accessorial charges, and availability of containers for exports from
			 the United States. In conducting the study, the Commission shall provide public
			 notice and opportunity for comment and conduct one or more public
			 hearings.
			(b)Report to
			 CongressWithin 180 days after completion of the study, the
			 Commission shall provide a report on its findings to the Committee on Commerce,
			 Science, and Transportation of the Senate and the Committee on Transportation
			 and Infrastructure of the House of Representatives.


113 S1187 IS: Mortgage Forgiveness Tax Relief Act
U.S. Senate
2013-06-19
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.

		II
		113th CONGRESS
		1st Session
		S. 1187
		IN THE SENATE OF THE UNITED STATES

			June 19, 2013
			Ms. Stabenow (for
			 herself, Mr. Heller,
			 Mr. Menendez, and
			 Mr. Isakson) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To prevent homeowners from being forced to pay taxes on
		  forgiven mortgage loan debt.

		1.Short titleThis Act may be cited as the
			 Mortgage Forgiveness Tax Relief
			 Act.
		2.Extension of exclusion
			 from gross income of discharge of qualified principal residence
			 indebtedness
			(a)In
			 generalSubparagraph (E) of
			 section 108(a)(1) of the Internal Revenue Code of 1986 is amended by striking
			 January 1, 2014 and inserting January 1,
			 2016.
			(b)Effective
			 dateThe amendment made by this section shall apply to
			 indebtedness discharged after December 31, 2013.


116 HR 1233 IH: Borderland Takings Defense Fund Act
U.S. House of Representatives
2019-02-14
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.

I116th CONGRESS1st SessionH. R. 1233IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2019Mrs. Demings (for herself and Mr. Thompson of Mississippi) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend the Homeland Security Act of 2002 to establish a fund for private landowners, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Borderland Takings Defense Fund Act. 2.Defense fund for private landowners (a)In generalSubtitle H of title VIII of the Homeland Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the following new section:

					890B.Defense fund for private landowners
						(a)Establishment
 (1)In generalThe Secretary shall establish a fund to assist eligible property owners whose property the Federal Government seeks to condemn or acquire for the purpose of constructing or installing additional physical barriers or roads between ports of entry along the land border with Mexico.
							(2)Administration
 (A)AppointmentThe Officer for Civil Rights and Civil Liberties of the Department shall appoint an individual to serve as the administrator of the fund established pursuant to paragraph (1).
 (B)QualificationsThe individual appointed under subparagraph (A) to serve as the administrator of the fund shall be an individual who—
 (i)has at least three years of relevant experience in pro bono legal assistance; and (ii)to the maximum extent practicable, has a demonstrated record of advocacy on behalf of litigants in actions brought by or against the Federal Government.
 (b)ProhibitionNotwithstanding section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), the Secretary may not take such actions, such as the removal of obstacles, to construct or install additional physical barriers or roads between ports of entry along the land border with Mexico until—
 (1)the fund described in subsection (a) is established and made available to eligible property described in such subsection; and
 (2)such property owners are provided information on how to access legal support through such fund. (c)EligibilityTo be eligible for assistance through the fund referred to in subsection (a), a property owner shall—
 (1)own property along the land border with Mexico that— (A)is subject to the condemnation or acquisition referred to in such subsection; or
 (B)is determined by the Administrator to be at risk of such action; and (2) (A)be the head of a low-income household; or
 (B)if such property owner is not the head of a low-income household, be determined by the administrator of the fund to be in need of such assistance but lacking adequate resources to secure representation against the Federal Government.
 (d)OutreachThe Secretary, acting through the administrator of the fund, shall— (1)implement a targeted outreach strategy to identify and communicate with eligible property owners whose property the Federal Government seeks to condemn or acquire for the purpose of constructing or installing additional physical barriers or roads between ports of entry along the land border with Mexico; and
 (2)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 copy of such targeted outreach strategy.
 (e)DefinitionsIn this section: (1)Low-income householdThe term low-income household means a household—
 (A)in which one or more individuals are receiving— (i)assistance under a State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
 (ii)supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
 (iii)supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
 (iv)payments under— (I)section 1315, 1521, 1541, or 1542 of title 38, United States Code; or
 (II)section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978 (38 U.S.C. 1521 note; Public Law 95–588); or
 (B)that has an income that, as determined by the State in which such household is located, does not exceed the greater of—
 (i)an amount equal to 150 percent of the poverty level for such State; and (ii)an amount equal to 60 percent of the median income for such State.
 (2)PropertyThe term property means land, including an estate or interest in land, including an easement or right of way in land.
 (f)Authorization of appropriationsIn addition to any amounts otherwise authorized to be appropriated for such purpose, there is authorized to be appropriated $20,000,000 for each of fiscal years 2019 through 2025 to carry out this section..
 (b)Clerical amendmentThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 890A the following new item:

						Sec. 890B. Defense fund for private landowners..


110 HR 6082 IH: Medicare Paramedic Intercept Services

U.S. House of Representatives
2008-05-16
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.

		I
		110th CONGRESS
		2d Session
		H. R. 6082
		IN THE HOUSE OF REPRESENTATIVES

			May 16, 2008
			Ms. DeLauro (for
			 herself, Mr. Carson,
			 Mr. Boozman, and
			 Mr. Platts) 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 concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  provide for expanded coverage of paramedic intercept services under the
		  Medicare Program.

		1.Short titleThis Act may be cited as the
			 Medicare Paramedic Intercept Services
			 Coverage Act of 2008.
		2.Expanded coverage
			 of paramedic intercept services under the medicare program
			(a)In
			 generalSection 4531(c) of the Balanced Budget Act of 1997 (111 Stat. 452; 42
			 U.S.C. 1395x note) is amended to read as follows:

					(c)Payment for
				paramedic intercept service providers
						(1)In
				generalIn promulgating regulations to carry out section
				1861(s)(7) of the Social Security Act
				(42 U.S.C. 1395x(s)(7)) with respect to the coverage of ambulance services, the
				Secretary of Health and Human Services shall include coverage of advanced life
				support intercept services (in this subsection referred to as ALS
				intercept services).
						(2)Conditions of
				coverageFor the purposes of this subsection, ALS intercept
				services consist of a qualified paramedic providing ALS level services in
				connection with the transport of a patient by an ambulance qualified to provide
				only a basic life support level of services if the following conditions are
				met:
							(A)The entity
				providing the ambulance transportation is a public, non-profit, or volunteer
				organization which—
								(i)is
				certified as qualified to provide ambulance services under title XVIII of the
				Social Security Act; and
								(ii)provides only
				basic life support services at the time of the intercept.
								(B)The paramedic
				providing such services is not employed or compensated by the entity providing
				the ambulance transportation and the entity employing or compensating such
				paramedic is not related to the entity providing the ambulance
				transportation.
							(C)The ALS intercept
				services are requested by the entity providing the ambulance transportation or
				are dispatched to coordinate with such entity and such services are medically
				necessary based on the medical condition for which they are dispatched.
							(D)The entity that is
				employing or compensating that paramedic—
								(i)is
				certified as qualified to provide such services under such title; and
								(ii)bills all
				individuals (or their insurers) who receive ALS intercept services from the
				entity, regardless of whether such individuals are beneficiaries under such
				title.
								(E)The paramedic
				providing the intercept services accompanies and provides an ALS assessment or
				ALS intervention to the patient during the
				transport.
							.
			(b)Payments not
			 counted in computing ambulance fee schedule amountsThe Secretary
			 of Health and Human Services shall not take into account any payments made
			 pursuant to the amendment made by subsection (a) in determining payment amounts
			 under the ambulance fee schedule under section 1834(l) of the
			 Social Security Act (42 U.S.C.
			 1395m(l)), or the aggregate amount of payments under such section, for any
			 year.
			(c)Effective
			 dateThe amendment made by subsection (a) shall apply with
			 respect to ambulance services provided on or after January 1, 2009.


		I
		112th CONGRESS
		1st Session
		H. R. 1277
		IN THE HOUSE OF REPRESENTATIVES

			March 31, 2011
			Mr. Poe of Texas
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Agriculture, 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 authorize the Secretary of Homeland Security to make
		  grants for public-private partnerships that finance equipment and
		  infrastructure to improve the public safety of persons who are residents of
		  rural areas of the United States near the border with Mexico by enhancing
		  access to mobile communications, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Southern Borderlands Public Safety
			 Communications Act.
		2.PurposeThe purpose of this Act is to improve the
			 public safety of persons living in rural areas of the United States near the
			 border with Mexico by enhancing mobile communications capabilities.
		3.Grant
			 program
			(a)In
			 generalThe Secretary of Homeland Security may make competitive
			 grants for public-private partnerships that finance equipment and
			 infrastructure to improve the public safety of persons who are residents of
			 rural areas of the United States near the border with Mexico, by enhancing
			 access to mobile communications for such persons who do not currently have
			 access to reliable mobile communications networks.
			(b)Focus
			 areasIn making grants under this section, the Secretary shall
			 focus on projects that improve mobile communications in areas impacted by the
			 illegal smuggling and trafficking of people and drugs from Mexico into the
			 United States.
			(c)Eligible
			 applicantsPersons eligible for grants under this section include
			 States, counties, municipalities, organizations representing agricultural
			 producers and other rural Americans, and telecommunications providers.
			(d)Authorization of
			 appropriationsFor grants under this section there is authorized
			 to be appropriated to the Secretary $10,000,000 for the 3-fiscal-year period
			 following the date of enactment of this Act.
			(e)Funding
			 offsetTo offset amounts
			 appropriated pursuant to the authorization of appropriations in subsection (d),
			 the International Forestry Cooperation Act of 1990 (16 U.S.C. 4501 et seq.) is
			 repealed.


		II

		109th CONGRESS

		1st Session

		S. 315

		IN THE SENATE OF THE UNITED STATES

			February 8, 2005

			Mr. Feingold introduced

			 the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Internal Revenue Code of 1986 to provide

		  that reimbursements for costs of using passenger automobiles for charitable and

		  other organizations are excluded from gross income, and for other

		  purposes.

		1.Mileage reimbursements to

			 charitable volunteers excluded from gross income

			(a)In

			 generalPart III of subchapter B of chapter 1 of the Internal

			 Revenue Code of 1986 is amended by inserting after section 139A the following

			 new section:

					139B.Mileage

				reimbursements to charitable volunteers

						(a)In

				generalGross income of an individual does not include amounts

				received, from an organization described in section 170(c), as reimbursement of

				operating expenses with respect to use of a passenger automobile for the

				benefit of such organization. The preceding sentence shall apply only to the

				extent that such reimbursement would be deductible under this chapter if

				section 274(d) were applied—

							(1)by using the

				standard business mileage rate established under such section, and

							(2)as if the

				individual were an employee of an organization not described in section

				170(c).

							(b)No double

				benefitSubsection (a) shall not apply with respect to any

				expenses if the individual claims a deduction or credit for such expenses under

				any other provision of this title.

						(c)Exemption from

				reporting requirementsSection 6041 shall not apply with respect

				to reimbursements excluded from income under subsection (a).

						.

			(b)Clerical

			 amendmentThe table of sections for part III of subchapter B of

			 chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after

			 the item relating to section 139A and inserting the following new item:

						Sec. 139B. Reimbursement for use of

				passenger automobile for

				charity.

					.

			(c)Effective

			 dateThe amendments made by this section shall apply to taxable

			 years beginning after the date of the enactment of this Act.

			2.Increase in

			 criminal monetary penalty limitation for the underpayment or overpayment of tax

			 due to fraud

			(a)In

			 generalSection 7206 of the Internal Revenue Code of 1986

			 (relating to fraud and false statements) is amended—

				(1)by striking

			 Any person who— and inserting (a)

			 In General.—Any person

			 who—, and

				(2)by adding at the

			 end the following new subsection:

						(b)Increase in

				monetary limitation for underpayment or overpayment of tax due to

				fraudIf any portion of any underpayment (as defined in section

				6664(a)) or overpayment (as defined in section 6401(a)) of tax required to be

				shown on a return is attributable to fraudulent action described in subsection

				(a), the applicable dollar amount under subsection (a) shall in no event be

				less than an amount equal to such portion. A rule similar to the rule under

				section 6663(b) shall apply for purposes of determining the portion so

				attributable.

						.

				(b)Increase in

			 penalties

				(1)Attempt to

			 evade or defeat taxSection 7201 of the Internal Revenue Code of

			 1986 is amended—

					(A)by striking

			 $100,000 and inserting $250,000,

					(B)by striking

			 $500,000 and inserting $1,000,000, and

					(C)by striking

			 5 years and inserting 10 years.

					(2)Willful failure

			 to file return, supply information, or pay taxSection 7203 of

			 such Code is amended—

					(A)in the first

			 sentence—

						(i)by

			 striking misdemeanor and inserting felony,

			 and

						(ii)by

			 striking 1 year and inserting 10 years,

			 and

						(B)by striking the

			 third sentence.

					(3)Fraud and false

			 statementsSection 7206(a) of such Code (as redesignated by

			 subsection (a)) is amended—

					(A)by striking

			 $100,000 and inserting $250,000,

					(B)by striking

			 $500,000 and inserting $1,000,000, and

					(C)by striking

			 3 years and inserting 5 years.

					(c)Effective

			 dateThe amendments made by this section shall apply to

			 underpayments and overpayments attributable to actions occurring after the date

			 of the enactment of this Act.


		II
		110th CONGRESS
		1st Session
		S. 581
		IN THE SENATE OF THE UNITED STATES

			February 14, 2007
			Mr. Feingold introduced
			 the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To amend the Buy American Act to increase the requirement
		  for American-made content, to tighten the waiver provisions, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Buy American Improvement Act of
			 2007.
		2.Requirements for
			 waivers
			(a)In
			 GeneralSection 2 of the Buy
			 American Act (41 U.S.C. 10a) is amended—
				(1)by striking
			 Notwithstanding and inserting the following:

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

						(b)Special
				RulesThe following rules shall apply in carrying out the
				provisions of subsection (a):
							(1)Public interest
				waiverA determination that it is not in the public interest to
				enter into a contract in accordance with this Act may not be made after a
				notice of solicitation of offers for the contract is published in accordance
				with section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)
				and section 8(e) of the Small Business
				Act (15 U.S.C. 637(e)).
							(2)Domestic
				bidderA Federal agency entering into a contract shall give
				preference to a company submitting an offer on the contract that manufactures
				in the United States the article, material, or supply for which the offer is
				solicited, if—
								(A)that company’s
				offer is substantially the same as an offer made by a company that does not
				manufacture the article, material, or supply in the United States; or
								(B)that company is
				the only company that manufactures in the United States the article, material,
				or supply for which the offer is solicited.
								(3)Use outside the
				united states
								(A)In
				generalSubsection (a) shall apply without regard to whether the
				articles, materials, or supplies to be acquired are for use outside the United
				States if the articles, materials, or supplies are not needed on an urgent
				basis or if they are acquired on a regular basis.
								(B)Cost
				analysisIn any case in which the articles, materials, or
				supplies are to be acquired for use outside the United States and are not
				needed on an urgent basis, before entering into a contract an analysis shall be
				made of the difference in the cost of acquiring the articles, materials, or
				supplies from a company manufacturing the articles, materials, or supplies in
				the United States (including the cost of shipping) and the cost of acquiring
				the articles, materials, or supplies from a company manufacturing the articles,
				materials, or supplies outside the United States (including the cost of
				shipping).
								(4)Domestic
				availabilityThe head of a Federal agency may not make a
				determination under subsection (a) that an article, material, or supply is not
				mined, produced, or manufactured, as the case may be, in the United States in
				sufficient and reasonably available commercial quantities and of satisfactory
				quality, unless the head of the agency has conducted a study and, on the basis
				of such study, determined that—
								(A)domestic
				production cannot be initiated to meet the procurement needs; and
								(B)a comparable
				article, material, or supply is not available from a company in the United
				States.
								(c)Reports
							(1)In
				generalNot later than 180 days after the end of each of fiscal
				years 2007 through 2011, the head of each Federal agency 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 on the amount of the acquisitions made by the agency in that fiscal year
				of articles, materials, or supplies purchased from entities that manufacture
				the articles, materials, or supplies outside of the United States.
							(2)Contents of
				reportThe report required by paragraph (1) shall separately
				include, for the fiscal year covered by such report—
								(A)the dollar value
				of any articles, materials, or supplies that were manufactured outside the
				United States;
								(B)an itemized list
				of all waivers granted with respect to such articles, materials, or supplies
				under this Act, and a citation to the treaty, international agreement, or other
				law under which each waiver was granted;
								(C)if any articles,
				materials, or supplies were acquired from entities that manufacture articles,
				materials, or supplies outside the United States, the specific exception under
				this section that was used to purchase such articles, materials, or supplies;
				and
								(D)a summary
				of—
									(i)the total
				procurement funds expended on articles, materials, and supplies manufactured
				inside the United States; and
									(ii)the total
				procurement funds expended on articles, materials, and supplies manufactured
				outside the United States.
									(3)Public
				availabilityThe head of each Federal agency submitting a report
				under paragraph (1) shall make the report publicly available to the maximum
				extent practicable.
							(4)Exception for
				intelligence communityThis subsection shall not apply to
				acquisitions made by an agency, or component thereof, that is an element of the
				intelligence community as specified in, or designated under, section 3(4) of
				the National Security Act of 1947 (50 U.S.C.
				401a(4)).
							.
				(b)DefinitionsSection
			 1 of the Buy American Act (41 U.S.C.
			 10c) is amended by adding at the end the following:

					(c)Federal
				AgencyThe term Federal agency means any executive
				agency (as defined in section 4(1) of the Office of Federal Procurement Policy
				Act (41 U.S.C. 403(1))) or any establishment in the legislative or judicial
				branch of the Federal Government.
					(d)Substantially
				AllArticles, materials, or supplies shall be treated as made
				substantially all from articles, materials, or supplies mined, produced, or
				manufactured in the United States, if the cost of the domestic components of
				such articles, materials, or supplies exceeds 75 percent of the total cost of
				all components of such articles, materials, or
				supplies.
					.
			(c)Conforming
			 Amendments
				(1)Section 2 of the
			 Buy American Act (41 U.S.C. 10a) is
			 amended by striking department or independent establishment and
			 inserting Federal agency.
				(2)Section 3 of such
			 Act (41 U.S.C. 10b) is amended—
					(A)in subsection
			 (a), by striking department or independent establishment and
			 inserting Federal agency; and
					(B)in subsection
			 (b), by striking department, bureau, agency, or independent
			 establishment and inserting Federal agency.
					(3)Section 633 of
			 the National Military Establishment Appropriation Act, 1950 (41 U.S.C. 10d) is
			 amended by striking department or independent establishment and
			 inserting Federal agency.
				3.Gao report and
			 recommendations
			(a)Report on scope
			 of waiversNot later than 180 days after the date of the
			 enactment of this Act, the Comptroller General of the United States shall
			 report to Congress recommendations to be used in determining, for purposes of
			 applying the waiver provision of section 2(a) of the
			 Buy American Act, as redesignated by section 2(a)
			 of this Act, whether acquiring articles, materials, and supplies mined,
			 produced, or manufactured in the United States would—
				(1)involve
			 unreasonable cost; or
				(2)be inconsistent
			 with the public interest.
				(b)RecommendationsThe
			 report described in subsection (a) shall include recommendations—
				(1)for a statutory
			 definition of unreasonable cost and for standards for determining inconsistency
			 with the public interest; and
				(2)for establishing
			 procedures for applying the waiver provisions of the
			 Buy American Act that can be
			 consistently applied.


		I
		112th CONGRESS
		2d Session
		H. R. 4653
		IN THE HOUSE OF REPRESENTATIVES

			April 25, 2012
			Mr. Bishop of Georgia
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on certain portable gas
		  grills.

		1.Certain portable gas
			 grills
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Portable gas grills with an infrared cooking system and 320 sq.
						in. of grilling surface (provided for in subheading 7321.11.10)FreeNo
						changeNo changeOn or before 12/31/2015

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


116 S1047 IS: Dependency and Indemnity Compensation Improvement Act of 2019
U.S. Senate
2019-04-04
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. 1047IN THE SENATE OF THE UNITED STATESApril 4, 2019Mr. Tester (for himself, Ms. Hirono, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to create a dependency and indemnity compensation allowance
			 for surviving spouses receiving dependency and indemnity compensation from
 the Department of Veterans Affairs, and for other purposes.1.Short titleThis Act may be cited as the Dependency and Indemnity Compensation Improvement Act of 2019.2.Dependency and indemnity compensation allowance for surviving spouses receiving dependency and indemnity compensation from the Department of Veterans Affairs(a)Allowance(1)In generalSubchapter II of chapter 13 of title 38, United States Code, is amended by inserting after section 1311 the following new section:1311A.Dependency and indemnity compensation allowance for surviving spousesA dependency and indemnity compensation allowance shall be paid to a surviving spouse who is entitled to receive dependency and indemnity compensation under section 1311(a) of this title at the monthly rate equal to the amount by which—(1)the amount that is 55 percent of the rate of monthly compensation in effect under section 1114(j) of this title, exceeds(2)the amount of dependency and indemnity compensation the surviving spouse is entitled to receive under section 1311(a) of this title..(2)Clerical amendmentThe table of sections at the beginning of chapter 13 of such title is amended by inserting after the item relating to section 1311 the following new item:1311A. Dependency and indemnity compensation allowance for surviving spouses..(b)Rule of constructionNothing in section 1311A of such title, as added by subsection (a)(1), shall be construed to have an effect on any amount of payment under section 1450 of title 10, United States Code.