110 HR 3448 IH: Global Climate and Ozone Layer

U.S. House of Representatives
2007-08-03
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. 3448
		IN THE HOUSE OF REPRESENTATIVES

			August 3, 2007
			Mr. Waxman introduced
			 the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To reduce emissions of ozone depleting substances in
		  order to protect the climate and stratospheric ozone layer, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Global Climate and Ozone Layer
			 Protection Act of 2007.
		2.FindingsThe Congress finds the following:
			(1)Ozone depleting
			 chemicals such as chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons
			 (HCFCs) threaten human health and the environment by both depleting the
			 stratospheric ozone layer and contributing to global warming.
			(2)The harms
			 associated with global warming are serious and well recognized. These include
			 the global retreat of mountain glaciers, reduction in snow cover extent, the
			 earlier spring melting of rivers and lakes, the accelerated rise of sea levels,
			 the extinction of up to 30 percent of the world’s species, the increased
			 frequency of cardio-respiratory and diarrhoeal diseases, and the increased
			 intensity of hurricanes and typhoons.
			(3)The harms
			 associated with the depletion of the stratospheric ozone layer are also serious
			 and well recognized. The thinning of the stratospheric ozone layer allows more
			 harmful ultraviolet radiation to reach the surface of the Earth. This radiation
			 can contribute to skin cancer, cataracts, and weakened immune systems in
			 humans. It can also adversely affect agricultural crops and aquatic organisms,
			 such as zooplankton and phytoplankton, with adverse consequences for aquatic
			 ecosystems.
			(4)September 2007
			 will be the 20th anniversary of the signing of the Montreal Protocol on
			 Substances that Deplete the Ozone Layer, which set controls on the production
			 and consumption of ozone depleting substances. The Protocol, which has been
			 ratified by 191 countries, is widely regarded as the most successful
			 international environmental treaty ever adopted. By 2005, the treaty had driven
			 global production of ozone depleting substances down by approximately 95
			 percent from their 1990 levels.
			(5)The Montreal
			 Protocol currently requires developed countries to phase out the consumption of
			 HCFCs by 2030 and developing countries to phase out the consumption of these
			 chemicals by 2040.
			(6)The Montreal Protocol has provided dramatic
			 climate benefits. Between 1990 and 2010, the Montreal Protocol will have
			 eliminated the equivalent of 11 billion tons of carbon dioxide per year. This
			 is equivalent each year to over five times the reductions that are to be
			 achieved under the Kyoto Protocol. This reduction will have the effect of
			 delaying global warming impacts by seven to twelve years. Without the Montreal
			 Protocol, the world would be approximately a decade further along the path to
			 catastrophic climate change.
			(7)The Montreal
			 Protocol has the potential to provide additional significant climate benefits.
			 Accelerating the phase-out of HCFCs in a way that supports climate change
			 objectives could reduce emissions by the equivalent of approximately 25 billion
			 tons of carbon dioxide between 2010 and 2050. Further substantial environmental
			 benefits will accrue if CFCs and HCFCs contained in banks of existing equipment
			 and products are recovered at equipment and product end-of-life and then
			 recycled or destroyed. By accelerating the phase-out of ozone depleting HCFCs
			 and recovering and destroying CFC and HCFC banks, the Parties to the Montreal
			 Protocol could achieve an immediate reduction in emissions from both developed
			 and developing countries, and further delay global warming impacts.
			3.Sense of congress
			 regarding Montreal protocol negotiationsIt is the sense of Congress that the United
			 States should negotiate with the other Parties to the Montreal Protocol at the
			 earliest opportunity to—
			(1)maximize the
			 ability of the Montreal Protocol to mitigate global warming impacts, while
			 ensuring continued protection of the ozone layer, by focusing on the climate
			 impacts of ozone depleting substances and their substitutes, and on the energy
			 efficiency of equipment in which such substances and their substitutes are
			 used;
			(2)accelerate the
			 phase out of HCFCs by ten years for developed and developing countries or take
			 alternative steps to achieve equivalent climate and ozone layer protection
			 benefits;
			(3)set interim HCFC
			 reduction steps for developing countries so that a 65 percent reduction is
			 mandated by 2020 and a 90 percent reduction is mandated by 2025;
			(4)change the
			 baseline date for developing countries from 2015 to 2010; and
			(5)fully finance the
			 Multilateral Fund consistent with past practice so that an accelerated phase
			 out of HCFCs can be accomplished with maximum benefit for both ozone layer and
			 climate protection.
			4.Products
			 containing hcfcs
			(a)Fire suppression
			 agentsSection 605(a) of the
			 Clean Air Act (42 U.S.C. 7671d(a)) is amended by striking or at
			 the end of paragraph (2), striking the period at the end of paragraph (3) and
			 inserting ; or and adding the following new paragraph after
			 paragraph (3):

					(4)the Administrator
				determines that the substance is used as a fire suppression agent for military,
				commercial aviation, industrial, space, or national security applications, and
				reduces overall risk to human health and the environment compared to
				alternatives.
					.
			(b)Import
			 banSection 605 of the Clean
			 Air Act (42 U.S.C. 7671d) is amended by inserting the following new subsection
			 after subsection (b) and redesignating the suceeceding subsections
			 accordingly:

					(c)Import banIt shall be unlawful for any person to
				import any product manufactured after January 1, 2010, containing any class II
				substance that has been phased out of production and consumption under
				regulations promulgated by the Administrator under this section for any purpose
				other than for use in a process resulting in its transformation, for use in a
				process resulting in its destruction, or under exceptions stated in subsection
				(d).
					.
			5.Destruction of
			 banks of ozone depleting substancesSection 604 of the Clean Air Act (42 U.S.C.
			 7671c) is amended by adding the following new subsection at the end
			 thereof:

				(i)Destruction of banks(1)Effective January 1,
				2010, it shall be unlawful for any person to produce or import an amount of any
				class I substance otherwise permitted under subsections (e), (g), or (h)(6)
				unless the Administrator certifies that the person has destroyed or secured,
				and verified the destruction of three times this amount of class I or class II
				substances on an ozone depletion potential equivalent basis.
					(2)Effective January 1, 2012, and until
				December 31, 2014, it shall be unlawful for any person to produce or import an
				amount of any class II substance unless the Administrator certifies that the
				person has destroyed or secured, and verified the destruction of 1.2 times this
				amount of class I or class II substances on an ozone depletion potential
				equivalent basis.
					(3)Effective January 1, 2015, and until
				December 31, 2029, it shall be unlawful for any person to produce or import an
				amount of any class II substance unless the Administrator certifies that the
				person has destroyed or secured, and verified the destruction of two times this
				amount of class I or class II substances on an ozone depletion potential
				equivalent basis.
					(4)The Administrator shall, within 2
				years after the enactment of this Act, but in no event later than December 31,
				2009, promulgate regulations establishing standards and requirements for the
				certifications under paragraphs (1), (2) and (3). Such regulations must provide
				that—
						(A)in order for a person to receive
				certification from the Administrator for the destruction of a given quantity of
				any class I or class II substance pursuant to paragraphs (1), (2) and
				(3):
							(i)the production and consumption of
				such substances is controlled to a level of zero under the Clean Air Act
				without regard to amounts permitted under subsections (d), (e), (f), (g), or
				(h);
							(ii)such substance was not in
				possession of the federal government prior to destruction; and
							(iii)such substance was destroyed
				using a controlled process approved by the Parties to the Montreal
				Protocol;
							(B)certification can be received for the
				destruction of a given quantity of any class I or class II substance within or
				outside the United States;
						(C)once issued, certifications may be
				applied to any future production or import of a given quantity of any class I
				or class II substance.
						(5)If, after January 1, 2015, upon
				petition of any entity, the Administrator determines by clear and convincing
				evidence that it is technically and economically infeasible to obtain material
				for destruction, the Administrator may adjust the offset ratio downward or, if
				necessary, waive the requirements of paragraphs (1), (2), or (3). The
				Administrator shall issue a final decision on such petition within 90
				days.
					.
		6.Substitutes for
			 cfc and hcfc refrigerants
			(a)DefinitionSection 608 of the Clean Air Act (42 U.S.C.
			 7671g) is amended by adding the following new subsection at the end
			 thereof:

					(d)DefinitionFor the purposes of this section, the term
				substitute means any substance or chemical used in or for types
				of equipment, appliances, or processes previously relying on class I or class
				II
				substances.
					.
			(b)RegulationsSection 608(a) of the Clean Air Act (42
			 U.S.C. 7671g(a))is amended by inserting the following new paragraph after
			 paragraph (2) and redesignating paragraph (3) as (4):

					(3)The Administrator shall, within 1
				year after the enactment of this Act, promulgate regulations establishing
				standards and requirements regarding the sale, distribution or offer for sale
				and distribution in interstate commerce, use, and disposal of substitutes for
				class I and class II substances not covered by paragraph (1), including the
				use, recycling, and disposal of such substitutes during the maintenance,
				service, repair, or disposal of appliances and industrial process refrigeration
				equipment. Such standards and requirements shall become effective not later
				than 12 months after promulgation of the
				regulations.
					.
			(c)Safe
			 disposalSection 608(b) of the Clean Air Act (42 U.S.C. 7671g(b))
			 is amended as follows:
				(1)Inserting “and their substitutes” after
			 “class I and II substances” in the matter preceding paragraph (1).
				(2)Inserting “, or substitutes for such
			 substances, ” after “class I or class II substances” in paragraph (1).
				(3)Inserting “, or a
			 substitute for such substance,” after “class I or class II substance” in
			 paragraphs (2), and (3).
				(d)Small
			 containersSection 609(e) of
			 such Act (42 U.S.C. 7671g(e)) is amended as follows:
				(1)Inserting “and Their Substitutes” at the
			 end of the paragraph heading.
				(2)Inserting
			 (1) before Effective 2 years.
				(3)Adding the
			 following at the end thereof:

						(2)Effective January 1, 2010, it shall be
				unlawful for any person to sell or distribute, or offer for sale or
				distribution, in interstate commerce to any person (other than a person
				performing service for consideration on motor vehicle air-conditioning systems
				in compliance with this section) any substitute that is suitable for use in a
				motor vehicle air-conditioning system and that is in a container which contains
				less than 20 pounds of such substitute.
						.
				7.Refrigerant
			 Environmental Management Council
			(a)DefinitionsFor the purposes of this section:
				(1)The terms
			 recover,recycle, and reclaim have
			 the meanings provided in 40 CFR 82.152.
				(2)The term
			 destruction has the meaning provided in 40 CFR 82.3.
				(3)The term
			 virgin refrigerants means newly produced refrigerants in an
			 originally sealed original container.
				(4)The term
			 chlorofluorocarbons means the many various halocarbon compounds
			 consisting of carbon, chlorine, and fluorine used widely as refrigerants and
			 controlled by the Montreal Protocol.
				(5)The term
			 hydrochlorofluorocarbons means halogenated compounds containing
			 carbon, hydrogen, chlorine and fluorine used widely as a refrigerants and
			 controlled by the Montreal Protocol.
				(6)The term
			 hydrofluorocarbons means halogenated hydrocarbons in which the
			 molecule contains hydrogen, fluorine, and carbon but is absent of chlorine used
			 widely as refrigerants.
				(7)The term
			 fluorocarbons means chlorofluorocarbons,
			 hydrochlorofluorocarbons or hydrofluorocarbons.
				(8)The term
			 certified reclaimer means entities certified by the U.S.
			 Environmental Protection Agency to reclaim used refrigerant for the purposes of
			 resale to a new owner.
				(9)The term
			 certified destruction process operator means destruction process
			 operators certified by the U.S. Environmental Protection Agency.
				(10)The term
			 original refrigerant equipment means air conditioning and
			 refrigeration products that rely on refrigerants to operate, including motor
			 vehicle air conditioning systems.
				(11)The term
			 Administrator means the Administrator of the U.S. Environmental
			 Protection Agency.
				(12)The term
			 Secretary means the U.S. Secretary of Commerce.
				(13)The term
			 Council means the Refrigerant Environmental Management
			 Council.
				(14)The term
			 Board means the Board of Directors of the Refrigerant
			 Environmental Management Council.
				(b)Establishment
				(1)Establishment of
			 nonprofit organizationThe Refrigerant Environmental Management
			 Council is hereby established as a non-profit entity organized under the
			 District of Columbia Nonprofit Corporation Act to address the emissions of
			 fluorocarbon refrigerants in an economical, efficient, and effective manner.
			 The Council shall not be an agency or establishment of the United States
			 Government. The purpose of the Council shall be to lead industry in recovery,
			 reclamation, and destruction of fluorocarbon refrigerants, thereby reducing
			 emissions of these compounds.
				(2)GovernanceThe
			 Council shall be governed by a Board of Directors representing the air
			 conditioning, refrigeration, and related industries, government agencies, and
			 independent entities or persons as stated in subsection (c).
				(c)Refrigerant
			 Environmental Management Council
				(1)Board
			 compositionThe Council’s Board of Directors shall consist of 21
			 members, with 3 members representing refrigerant producers and importers, 4
			 members representing original refrigerant equipment manufacturers, 3 members
			 representing reclaimers, destruction process operators, distributors,
			 wholesalers, contractors or technicians, 3 employees of the U.S. Environmental
			 Protection Agency, 3 employees of the U.S. Department of Commerce, and 5 public
			 members representing non-industry, non-government stakeholders. The industry
			 members shall be full-time employees or owners of businesses in the industry.
			 Only one person at a time from any company or its affiliate may serve on the
			 Board. Vacancies in unfinished terms of Board members shall be filled in the
			 same manner as were the original appointments.
				(2)EstablishmentWithin
			 90 days of the enactment of this Act—
					(A)the following
			 representative industry organizations may appoint the industry members of the
			 Board of Directors: Air-Conditioning and Refrigeration Institute; Heating, Air
			 conditioning & Refrigeration Distributors International; and Alliance for
			 Responsible Atmospheric Policy;
					(B)the Administrator
			 shall appoint 3 EPA employees and 5 public members to sit on the Board;
			 and
					(C)the Secretary
			 shall appoint 3 Department of Commerce employees to sit on the Board.
					(3)RepresentationIn
			 selecting the members of the Board appointed pursuant to subparagraph (2)(a),
			 due regard shall be given to selecting members that are representative of the
			 industry and diverse geographic regions of the country, including
			 representation of—
					(A)refrigerant
			 producers and importers;
					(B)original
			 refrigerant equipment manufacturers; and
					(C)large and small
			 companies among reclaimers, destruction process operators, distributors,
			 wholesalers, contractors, or technicians.
					(4)CompensationBoard
			 members shall receive no compensation for their services. Board members shall
			 be reimbursed for reasonable expenses related to their participation in Council
			 meetings.
				(5)TermsBoard
			 members shall serve terms of 3 years and may serve not more than 2 full
			 consecutive terms, except that government board members may serve any number of
			 consecutive terms. Industry and public Board Members filling unexpired terms
			 may serve not more than a total of 7 consecutive years. Former Board members
			 may be returned to the Board if they have not been members for a period of 2
			 years. Initial appointments to the Board shall be for terms of 1, 2, and 3
			 years, staggered to provide for the selection of 7 members each year.
				(6)AdministrationThe
			 Board shall select from among the members appointed pursuant to subparagraph
			 (2)(a) a Chairman and other officers as necessary, may establish committees and
			 subcommittees, and shall adopt rules and bylaws for the conduct of business and
			 the implementation of this Act and shall hire appropriate administrative staff
			 to operate and conduct Council business. The Council shall establish procedures
			 for the solicitation of industry, nongovernmental, and government comment and
			 recommendations on any significant plans, programs, and projects.
				(7)Administration
			 expensesThe administrative expenses of operating the Council
			 shall not exceed 10 percent of the funds collected in any fiscal year.
				(8)ReimbursementThe
			 Council shall annually reimburse the Administrator for costs incurred by the
			 Federal Government relating to the Council, except that such reimbursement for
			 any fiscal year shall not exceed the amount that the Administrator determines
			 is the average annual budget for this program to the Administrator and to the
			 Congress.
				(9)BudgetBefore
			 August 1 each year, the Council shall publish for public review and comment a
			 budget plan for the next calendar year, including the probable costs of all
			 programs, projects, and contracts and a recommended rate of assessment
			 sufficient to cover such costs. Following this review and comment, the Council
			 shall submit the budget to the Administrator. The Administrator may recommend
			 programs and activities the Administrator considers appropriate.
				(10)Records;
			 auditsThe Council shall keep minutes, books, and records that
			 clearly reflect all of the acts and transactions of the Council and make public
			 such information. The books of the Council shall be audited by a certified
			 public accountant at least once each fiscal year and at such other times as the
			 Council may designate. Copies of such audit shall be provided to all Board
			 members, the Administrator, the Secretary, the House of Representatives
			 Committee on Energy and Commerce, and the Senate Committee on Environment and
			 Public Works. The Administrator shall receive notes of meetings and may require
			 reports on the activities of the Council, as well as reports on compliance,
			 violations, and complaints regarding the implementation of this Act.
				(11)MinutesThe
			 minutes of all meetings of the Board shall be made available to and readily
			 accessible by the public.
				(12)Annual
			 reportEach year, the Council shall prepare and make publicly
			 available a report that includes an identification and description of all
			 programs and projects undertaken by the Council during the previous year as
			 well as those planned for the coming year. Such report shall detail the
			 allocation or planned allocation of Council resources for each program and
			 project. Such report shall also include estimates of the quantities and types
			 of substances recycled and destroyed as a result of the incentives provided
			 under subsection (e)(1).
				(d)Levies
				(1)LevyThe
			 Council shall have authority to institute and collect a per pound levy, equally
			 applied, on the domestic production of all virgin HCFC and HFC refrigerants,
			 the import of all HCFC and HFC refrigerants, and on the import of all HCFC and
			 HFC refrigerants contained in equipment. The levy shall be collected at the
			 first point of sale in the United States.
				(2)AmountThe
			 Board shall set the initial levy at thirty cents per pound of refrigerant.
			 Thereafter, annual levies shall be sufficient to cover the costs of the plans
			 and programs developed by the Council. Any change in the levy amount must be
			 approved by a two-thirds vote of the Board. In no case may the levy be raised
			 by more than ten cents per pound of refrigerant in any one year.
				(3)OwnershipThe
			 domestic producers of virgin HCFC and HFC refrigerants, and the importers of
			 all HCFC and HFC refrigerants, and the importers of all HCFC and HFC
			 refrigerants contained in equipment at the time of the first point of sale in
			 the United States, shall pay the levy based on the pounds of refrigerants
			 produced or imported. Levies collected are payable to the Council on a monthly
			 basis by the 25th of the month following the month of such collection. Virgin
			 refrigerants exported from the United States to another country and
			 refrigerants reclaimed in the United States are not subject to the levy.
				(4)Alternative
			 collection rulesThe Board may establish an alternative means of
			 collecting the levy if another means is found to be more efficient and
			 effective. The Board may establish a late payment charge and a rate of interest
			 to be imposed on any person who fails to remit or pay to the Council any amount
			 due under this Act.
				(5)Investment of
			 fundsPending disbursement pursuant to a program, plan, or
			 project, the Council may invest funds collected through levies, and any other
			 funds received by the Council, only in obligations of the United States or any
			 agency thereof, in general obligations of any State or any political
			 subdivision thereof, in any interest-bearing account or certificate of deposit
			 of a bank that is a member of the Federal Reserve System, or in obligations
			 fully guaranteed as to principal and interest by the United States. Funds shall
			 only be disbursed for operating expenses, reimbursements to the U.S.
			 Environmental Protection Agency, programs approved by the Board, and the
			 provision of incentive payments under subsection (e).
				(e)Disbursements
				(1)IncentiveThe
			 Council shall have authority to provide incentive payments, per pound of
			 reclaimed and destroyed CFCs, HCFCs, and HFCs, to entities that document that
			 CFCs, HCFCs, and HFCs have been reclaimed or destroyed by certified processes.
			 The initial incentive shall be $1.00 per pound. Any change in the incentive
			 amount must be approved by a two-thirds vote of the Board.
				(2)Documenting
			 proceduresThe Council shall establish procedures to document
			 that CFCs, HCFCs, and HFCs have been reclaimed or destroyed. In establishing
			 these procedures, the Council shall consider regulations concerning reclamation
			 and destruction processes promulgated by the Administrator of the Environmental
			 Protection Agency under section 608 of the Clean Air Act (42 U.S.C.
			 7671g).
				(f)Compliance
				(1)It shall be
			 unlawful to sell virgin HCFC and HFC refrigerants, all imported HCFC and HFC
			 refrigerants, and imported equipment containing HCFC and HFC refrigerants in
			 the United States on which the levy has not been paid.
				(2)The Council may
			 bring suit in Federal court to compel compliance with a levy assessed by the
			 Council under this Act. A successful action for compliance under this section
			 may also require payment by the defendant of the costs incurred by the Council
			 in bringing such action.
				(3)All refrigerant
			 producers, importers, equipment importers, and certified reclaimers and
			 destruction process operators shall file annual reports with the Administrator.
			 The reports shall contain, at a minimum, the amount of refrigerants
			 manufactured, imported, exported, reclaimed, and destroyed, and the amount of
			 refrigerants contained in imported equipment.
				(g)PenaltiesIn
			 the case of any person who sells refrigerants on which a levy has not been
			 paid, the Administrator is authorized to take any of the actions provided for
			 in section 113 of the Clean Air Act (42 U.S.C. 7413).
			(h)Lobbying
			 restrictionsNo funds collected by the Council shall be used in
			 any manner for influencing legislation or elections, except that the Council
			 may recommend to the Administrator in writing changes in this Act or other
			 statutes that would further the purposes of this Act.
			(i)PricingIn
			 all cases, the price of refrigerants shall be determined by market forces.
			 Consistent with the antitrust laws, the Council may take no action, nor may any
			 provision of this Act be interpreted as establishing an agreement to pass along
			 to consumers the cost of the levy provided for in subsection (d).
			(j)ReportsWithin
			 2 years after the date of enactment of this Act, and at least once every 2
			 years thereafter, the Secretary and the Administrator shall jointly prepare and
			 submit to the House of Representatives Committee on Energy and Commerce and the
			 Senate Committee on Environment and Public Works a report examining whether
			 operation of the Council, in conjunction with the cumulative effects of market
			 changes and Federal programs, (1) has had an effect on refrigerant consumers
			 and (2) has had an effect on ozone layer depletion and climate change. The
			 Secretary and Administrator shall consider and, to the extent practicable,
			 shall include in the report submissions by refrigerant users, distributors and
			 consumers, and shall consider whether there have been long-term and short-term
			 effects on refrigerant prices as a result of Council activities and Federal
			 programs. To the extent that the report demonstrates that there has been an
			 adverse effect, the Secretary and Administrator shall include recommendations
			 for correcting the situation.
			8.Sunwise
			 programThe Administrator of
			 the Environmental Protection Agency is authorized to carry out the mission and
			 activities of the SunWise Program to raise awareness of ozone layer depletion
			 and the potential health risks of overexposure to ultraviolet radiation as well
			 as measures that can be taken to avoid such overexposure. There is authorized
			 to be appropriated $5 million for fiscal year 2009 and $5 million for each of
			 the next 5 years to carry out this section.


		I
		112th CONGRESS
		1st Session
		H. R. 221
		IN THE HOUSE OF REPRESENTATIVES

			January 7, 2011
			Ms. Jackson Lee of
			 Texas introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 18, United States Code, to provide
		  penalties for displaying nooses in public with intent to harass or intimidate a
		  person because of that person’s race, color, religion, or national
		  origin.

		1.Short titleThis Act may be cited as the
			 Noose Hate Crime Act of
			 2011.
		2.Displaying nooses in
			 public with intent to harass or intimidate
			(a)In
			 generalChapter 13 of title 18, United States Code, is amended by
			 adding at the end the following:

					250.Displaying
				nooses in public with intent to intimidateWhoever, with intent to harass or intimidate
				any person because of that person’s race, color, religion, or national origin,
				displays a noose in public shall be fined under this title or imprisoned not
				more than 2 years, or
				both.
					.
			(b)Clerical
			 amendmentThe table of sections at the beginning of chapter 13 of
			 title 18, United States Code, is amended by adding at the end the following new
			 item:

						250. Displaying nooses in public with
				intent to
				intimidate.

					.


		II

		109th CONGRESS

		1st Session

		S. 566

		IN THE SENATE OF THE UNITED STATES

			March 8, 2005

			Mr. Rockefeller (for

			 himself, Mr. Kennedy,

			 Mr. Corzine, and

			 Mr. Lautenberg) introduced the following

			 bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To continue State coverage of medicaid

		  prescription drug coverage to medicare dual eligible beneficiaries for 6 months

		  while still allowing the medicare part D benefit to be implemented as

		  scheduled.

			1.

			Short title

			This Act may be cited as the

			 Medicare Dual Eligible Prescription

			 Drug Coverage Act of 2005.

			2.

			Findings

			The Senate finds the

			 following:

				(1)

				Individuals who are dually

			 eligible for benefits under the medicare program and full benefits under the

			 medicaid program—

					(A)

					are among the most vulnerable

			 populations in our society; and

					(B)

					require adequate outreach,

			 education, and timing in order to adjust to changes in our health care delivery

			 system.

				(2)

				The transition of 6,400,000

			 dual eligibles from prescription drug coverage under the medicaid program to

			 prescription drug coverage under part D of the medicare program is the largest

			 transition ever of individuals from one insurance program to another.

				(3)

				In its June 2004 report to

			 Congress, the Medicare Payment Advisory Commission (MedPAC) suggested that

			 large, private employers with 75,000 employees or less need at least 6 months

			 to transition their employees' drug coverage from one pharmacy benefit

			 management company to another such company. The States and the Federal

			 Government are taking on a far more complex task with 6,400,000 dual eligibles

			 having to make the transition described in paragraph (2).

				(4)

				Timely access to prescription

			 drugs leads to higher quality of life and prevents avoidable emergency room

			 visits, hospitalizations, and premature nursing home placements.

				(5)

				Since even a short-term gap

			 in prescription drug coverage could have serious health consequences for dual

			 eligibles, Congress must work to guarantee as smooth a transition as possible

			 for dual eligibles so that no dual eligible is without prescription drug

			 coverage even for one day.

			3.

			Continuing State coverage of medicaid prescription drug

			 coverage to medicare dual eligible beneficiaries for 6 months

				(a)

				Six-Month transition

				For prescriptions filled

			 during the period beginning on January 1, 2006, and ending on June 30, 2006,

			 section 1935(d) of the Social Security Act (42 U.S.C. 1396u–5(d)) shall not

			 apply and, notwithstanding any other provision of law, a State (as defined for

			 purposes of title XIX of such Act) shall continue to provide (and receive

			 Federal financial participation for) medical assistance under such title with

			 respect to prescription drugs as if such section 1935(d) had not been

			 enacted.

				(b)

				Application

					(1)

					Medicare as primary payer

					Nothing in subsection (a)

			 shall be construed as changing or affecting the primary payer status of a

			 prescription drug plan or an MA–PD plan under part D of title XVIII of the

			 Social Security Act with respect to prescription drugs furnished to any

			 full-benefit dual eligible individual (as defined in

			 section

			 1935(c)(6) of such Act

			 (42 U.S.C. 1396u–5(c)(6)) during the 6-month period described in such

			 subsection.

					(2)

					Third Party Liability

					Nothing in subsection (a)

			 shall be construed as limiting the authority or responsibility of a State under

			 section 1902(a)(25) of the Social Security Act (42 U.S.C. 1396a(a)(25)) to seek

			 reimbursement from a prescription drug plan, an MA–PD plan, or any other third

			 party, of the costs incurred by the State in providing prescription drug

			 coverage described in such subsection.

			4.

			Delay in implementation of medicaid clawback payments

			Notwithstanding section

			 1935(c) of the Social Security Act (42 U.S.C. 1396u–5(c)), a State or the

			 District of Columbia shall not be required to provide for a payment under such

			 section to the Secretary of Health and human Services for any month prior to

			 July 1, 2006.

			5.

			Education and outreach to dual eligibles regarding prescription

			 drug coverage and monitoring of the transition of dual eligibles to

			 prescription drug coverage under medicare

				(a)

				MMA amounts

				Notwithstanding any other

			 provision of law, of the amounts appropriated for the Centers for Medicare

			 & Medicaid Services under section 1015(a)(1) of the Medicare Prescription

			 Drug, Improvement, and Modernization Act of 2003 (Public Law 108–173; 117 Stat.

			 2446), the following rules shall apply:

					(1)

					Education and outreach to duals

					$100,000,000 shall be used to

			 provide education and outreach, including through one-on-one counseling and

			 application assistance, to full-benefit dual eligible individuals (as defined

			 in section

			 1935(c)(6) of the Social Security

			 Act (42 U.S.C. 1396u–5(c)(6))) regarding prescription drug coverage

			 under part D of title XVIII of such Act. Of such amount—

						(A)

						at least $20,000,000 (but in

			 no case more than $50,000,000) shall be used to award grants to States under

			 section 4360 of the Omnibus Budget Reconciliation Act of 1990 (42 U.S.C.

			 1395b–4) to provide such education and outreach; and

						(B)

						the remaining amount shall be

			 used to provide funding to community-based organizations that work with

			 full-benefit dual eligible individuals (as so defined) in order to provide such

			 education and outreach.

					(2)

					Monitoring impact on duals

						(A)

						In general

						$50,000,000 shall be used by

			 the Centers for Medicare & Medicaid Services, in consultation with the

			 Centers for Disease Control and Prevention, the Administration on Aging, and

			 the Social Security Administration, to develop and implement a standardized

			 protocol to collect data from health departments and other sources in 10

			 representative urban and rural communities on the impact of the transition of

			 full benefit dual eligible individuals (as so defined) from prescription drug

			 coverage under the medicaid program to prescription drug coverage under part D

			 of the medicare program. Such protocol shall be implemented by not later than

			 July 1, 2005.

						(B)

						Monitoring

						The protocol developed under

			 subparagraph (A) shall include for the monitoring of the following information

			 with respect to such full benefit dual eligible individuals:

							(i)

							Emergency room visit

			 rates.

							(ii)

							Hospitalization rates.

							(iii)

							Nursing home placement

			 rates.

							(iv)

							Deaths.

						(C)

						Collection by PDPs and MA–PDs

						The protocol developed under

			 subparagraph (A) shall require that such data be collected by the prescription

			 drug plans and the MA–PDs in which the individuals are enrolled and include

			 information on race and ethnicity.

						(D)

						Reports

						Not later than January 1,

			 2006, and July 1, 2006, the Administrator of the Centers for Medicare &

			 Medicaid Services, in consultation with the Centers for Disease Control and

			 Prevention, the Administration on Aging, and the Social Security

			 Administration, shall submit a report to Congress on the implementation of the

			 protocol under subparagraph (A).

				(b)

				New Amounts

				There are appropriated to the

			 Secretary of Health and Human Services, to be transferred from the Federal

			 Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance

			 Trust Fund, for fiscal year 2005 and each subsequent fiscal year, an amount not

			 to exceed $50,000,000 (or if greater, an amount equal to $1 multiplied by the

			 number of individuals entitled to benefits under part A of title XVIII of the

			 Social Security Act or enrolled under part B of such title for the year) in

			 order award grants to States under section 4360 of the Omnibus Budget

			 Reconciliation Act of 1990 (42 U.S.C. 1395b–4).

				(c)

				Extension of availability of amounts appropriated under

			 MMA

				Section 1015(b) of the

			 Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public

			 Law 108–173; 117 Stat. 2446) is amended by striking September 30,

			 2005 and inserting September 30, 2006.

			6.

			Collection and sharing of dual eligible drug utilization

			 data

				(a)

				In general

				Section 1860D–42 of the

			 Social Security Act (42 U.S.C. 1395w–152) is amended by adding at the end the

			 following new subsection:

						(c)

						Collection and sharing of dual eligible drug utilization

				data

							(1)

							Plan requirement

							A PDP sponsor of a

				prescription drug plan and an MA organization offering an MA–PD plan shall

				submit to the Secretary such information regarding the drug utilization of

				enrollees in such plans who are full-benefit dual eligible individuals (as

				defined in section 1935(c)(6)) as the

				Secretary determines appropriate to carry out paragraph (2).

							(2)

							Collection and sharing of data

							The Secretary shall collect

				data on the drug utilization of full-benefit dual eligible individuals (as so

				defined). The Secretary shall share such data with the States and the District

				of Columbia in as close to a real-time basis as possible.

						.

				(b)

				Effective Date

				The amendment made by

			 subsection (a) shall take effect as if included in the enactment of section

			 101(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of

			 2003 (Public Law 108–173; 117 Stat. 2071).

			7.

			GAO study on the clawback formula

				(a)

				Study

					(1)

					In general

					The Comptroller General of

			 the United States shall conduct a study on the clawback formula contained in

			 section 1935(c) of the Social Security Act (42 U.S.C. 1396u–5(c)), as added by

			 section 103(b) of the Medicare Prescription Drug, Improvement, and

			 Modernization Act of 2003 (Public Law 108–173; 117 Stat. 2155).

					(2)

					Requirements

					The study conducted under

			 paragraph (1) shall include a full examination of—

						(A)

						disincentives for States to

			 enroll full-benefit dual eligible individuals (as defined in

			 section

			 1935(c)(6) of the Social Security

			 Act (42 U.S.C. 1396u–5(c)(6))) in the medicaid program or part D of

			 title XVIII of the Social Security Act;

						(B)

						the 6-month delay in States

			 receiving rebate data;

						(C)

						the prescription drug cost

			 containment measures implemented by States after 2003; and

						(D)

						issues relating to States

			 having to pay more for prescription drug coverage for full benefit dual

			 eligible individuals (as so defined) than they otherwise would have if the

			 Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public

			 Law 108–173; 117 Stat. 2066 et seq.) had not been enacted.

				(b)

				Report

				Not later than April 1, 2006,

			 the Comptroller General of the United States shall submit to Congress a report

			 on the study conducted under subsection (a) together with such recommendations

			 as the Comptroller General determines appropriate.


116 HR 2989 IH: Criminal Alien Removal Clarification Act of 2019
U.S. House of Representatives
2019-05-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 2989IN THE HOUSE OF REPRESENTATIVESMay 23, 2019Mr. Gosar (for himself, Mr. Babin, Mr. Budd, Mr. DesJarlais, Mr. Duncan, Mr. Gibbs, Mr. Gohmert, Mr. Norman, Mr. Perry, Mr. McClintock, and Mr. Biggs) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to provide that any alien who has been convicted of a
			 felony or two misdemeanors, is deportable, and for other purposes.

 1.Short titleThis Act may be cited as the Criminal Alien Removal Clarification Act of 2019. 2.Criminal grounds for deportabilitySection 237(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended to read as follows:

 (2)Criminal groundsAny alien who, at any time after admission, has been convicted of a felony or two misdemeanors, whether under State or Federal law, is deportable..


113 HR 3051 IH: Coastal States Extension Act of 2013
U.S. House of Representatives
2013-08-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
113th CONGRESS
1st Session
H. R. 3051
IN THE HOUSE OF REPRESENTATIVES

August 2, 2013
Mr. Sanford introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To extend State jurisdiction over submerged lands and to allow States to grant oil and natural gas leases in the extended area.

1.Short titleThis Act may be cited as the Coastal States Extension Act of 2013.
2.FindingsThe Congress finds as follows:
(1)In Executive Proclamation 5928, issued on December 27, 1988, the President extended the boundaries of the territorial sea of the United States from 3 nautical miles to 12 nautical miles in accordance with international law. However, the Proclamation did not adequately address the effect of the extension on the territorial jurisdiction of the States.
(2)The coastal States have, with few exceptions, jurisdiction over the land, air, water, and resources within their boundaries, which in most cases extend out into the oceans 3 nautical miles.
(3)The Great Lake States have jurisdiction over the land, air, water, and resources of their offshore areas up to the border with Canada, which can range from 11 to 80 nautical miles from the coast line.
(4)Some Gulf of Mexico States have jurisdiction over the land, air, water, and resources of their offshore areas out to 10.4 nautical miles from their coast line.
(5)The coastal States—
(A)have consistently demonstrated an ability to manage ocean resources within their jurisdiction in a manner consistent with the interests of both the Nation and the coastal States;
(B)have demonstrated both experience and skill at balancing protection, conservation, and utilization of the living and nonliving resources of the ocean; and
(C)are better equipped than the Federal Government, in terms of fiscal resources and administrative abilities, to manage oil and natural gas resources within 12 nautical miles of their coast line.
3.Extension of state jurisdiction over submerged landsThe Submerged Lands Act is amended—
(1)in section 2(a)(2) (43 U.S.C. 1301(a)(2)) by striking out three geographical miles the first place it appears and all that follows through beyond three geographical miles, and inserting 12 nautical miles distant from the coast line of each such State;;
(2)in section 2(b) (43 U.S.C. 1301(b))—
(A)by striking out they existed and all that follows through extended or and inserting in lieu thereof approved and; and
(B)by striking out three geographical and all that follows through Mexico and inserting 12 nautical miles or, in the case of the Great Lakes, farther than to the international boundary; and
(3)in section 4 (43 U.S.C. 1312)—
(A)in the first sentence—
(i)by striking out original coastal State and inserting coastal State admitted to the Union before the date of enactment of the Coastal States Extension Act of 2013; and
(ii)by striking out three geographical and inserting 12 nautical; and
(B)in the second sentence by striking formation and all that follows through the end of the section and inserting date of enactment of the Coastal States Extension Act of 2013 may assert its seaward boundaries to a line 12 nautical miles distant from its coast line..
4.Disposition of certain oil and natural gas leases in state submerged lands
(a)In generalAny oil lease and natural gas lease executed by the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 and following) that is in effect on the date of the enactment of this Act covering an area within lands transferred to States under section 3 shall remain in full force and effect until it expires pursuant to its terms or is cancelled pursuant to the Outer Continental Shelf Lands Act. Subject to subsection (b), upon the expiration or cancellation of such a lease, the State in whose territory the leased area is situated shall have the authority to grant oil and natural leases in such area.
(b)Prohibition on use of lease proceeds for coastal zone developmentA State may not grant a lease in the area transferred to the State under that section until the Secretary of Commerce determines that the State has an approved program or is making satisfactory progress in developing a program under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455).
(c)DefinitionsAs used in this section—
(1)the term lease has the meaning given that term in section 2(c) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(c)); and
(2)the term coastal zone has the meaning given that term in section 304(1) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453(1)).


115 S1444 IS: Empowering Employees through Stock Ownership Act
U.S. Senate
2017-06-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 1444
		IN THE SENATE OF THE UNITED STATES

			June 27, 2017
			Mr. Warner (for himself and Mr. Heller) 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 modify the tax treatment of certain equity grants.

		1.Short title
 This Act may be cited as the Empowering Employees through Stock Ownership Act.
		2.Treatment of qualified equity grants
			(a)In general
 Section 83 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

					(i)Qualified equity grants
 (1)In generalFor purposes of this subtitle— (A)Timing of inclusionIf qualified stock is transferred to a qualified employee who makes an election with respect to such stock under this subsection, subsection (a) shall be applied by including the amount determined under such subsection with respect to such stock in income of the employee in the taxable year determined under subparagraph (B) in lieu of the taxable year described in subsection (a).
 (B)Taxable year determinedThe taxable year determined under this subparagraph is the taxable year of the employee which includes the earliest of—
 (i)except as provided in subparagraph (C), the first date such qualified stock becomes transferable (including, solely for purposes of this clause, becoming transferable to the employer),
 (ii)the date the employee first becomes an excluded employee, (iii)except as provided in subparagraph (C), the first date on which any stock of the corporation which issued the qualified stock becomes readily tradable on an established securities market (as determined by the Secretary, but not including any market unless such market is recognized as an established securities market by the Secretary for purposes of a provision of this title other than this subsection),
 (iv)the date that is 7 years after the first date the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, whichever occurs earlier, or
 (v)the date on which the employee revokes (at such time and in such manner as the Secretary may provide) the election under this subsection with respect to such stock.
								(C)Special rule for stock subject to lock-up periods
 (i)In generalIn the case of any qualified stock which is subject to a lock-up period— (I)such stock shall not be treated as transferable under subparagraph (B)(i), and
 (II)such stock shall not be treated as readily tradable on an established securities market under subparagraph (B)(iii),
 before the end of the lock-up period.(ii)Lock-up periodFor purposes of this subparagraph, the term lock-up period means any period (not to exceed 180 days)— (I)which begins on the date of an initial public offering, and
 (II)during which the qualified employee agrees, pursuant to an underwriting agreement entered into pursuant to such initial public offering, not to sell, otherwise dispose of, or hedge any qualified stock.
									(2)Qualified stock
 (A)In generalFor purposes of this subsection, the term qualified stock means, with respect to any qualified employee, any stock in a corporation which is the employer of such employee, if—
 (i)such stock is received— (I)in connection with the exercise of an option, or
 (II)in settlement of a restricted stock unit, and (ii)such option or restricted stock unit was granted by the corporation—
 (I)in connection with the performance of services as an employee, and (II)during a calendar year in which such corporation was an eligible corporation.
 (B)LimitationThe term qualified stock shall not include any stock if the employee may sell such stock to, or otherwise receive cash in lieu of stock from, the corporation at the time that the rights of the employee in such stock first become transferable or not subject to a substantial risk of forfeiture.
 (C)Eligible corporationFor purposes of subparagraph (A)(ii)(II)— (i)In generalThe term eligible corporation means, with respect to any calendar year, any corporation if—
 (I)no stock of such corporation (or any predecessor of such corporation) is readily tradable on an established securities market (as determined under paragraph (1)(B)(iii)) during any preceding calendar year, and
 (II)such corporation has a written plan for such calendar year which meets the requirements of clause (ii).
 (ii)Plan requirementsA written plan meets the requirements of this clause with respect to any calendar year if— (I)not less than 80 percent of all employees who first become employees of such corporation during such calendar year are granted stock options, or restricted stock units, with the same rights and privileges to receive qualified stock, and
 (II)not less than 80 percent of all employees who were employees of such corporation during the preceding calendar year hold stock options, or restricted stock units, with the same rights and privileges to receive qualified stock.
 (iii)Same rights and privilegesFor purposes of clause (ii)— (I)except as provided in subclauses (II) and (III), the determination of rights and privileges with respect to stock shall be made in a similar manner as under section 423(b)(5),
 (II)employees shall not fail to be treated as having the same rights and privileges to receive qualified stock solely because the number of shares available to all employees is not equal in amount, so long as the number of shares available to each employee is more than a de minimis amount, and
 (III)rights and privileges with respect to the exercise of an option shall not be treated as the same as rights and privileges with respect to the settlement of a restricted stock unit.
 (iv)EmployeeFor purposes of clause (ii), the term employee shall not include— (I)any employee described in section 4980E(d)(4),
 (II)any excluded employee, and (III)with respect to any corporation for any calendar year, any individual who provides services for such corporation in the United States (or any possession of the United States) for a period of less than 90 days during such calendar year.
 (v)Special rule for calendar years before 2020In the case of any calendar year beginning before January 1, 2020, clause (ii) shall be applied without regard to whether the rights and privileges with respect to the qualified stock are the same.
 (3)Qualified employee; excluded employeeFor purposes of this subsection— (A)In generalThe term qualified employee means any individual who—
 (i)is not an excluded employee, and (ii)agrees in the election made under this subsection to meet such requirements as are determined by the Secretary to be necessary to ensure that the withholding requirements of the corporation under chapter 24 with respect to the qualified stock are met.
 (B)Excluded employeeThe term excluded employee means, with respect to any corporation, any individual— (i)who was a 1-percent owner (within the meaning of section 416(i)(1)(B)(ii)) at any time during the 10 preceding calendar years,
 (ii)who is or has been at any prior time— (I)the chief executive officer of such corporation or an individual acting in such a capacity, or
 (II)the chief financial officer of such corporation or an individual acting in such a capacity, (iii)who bears a relationship described in section 318(a)(1) to any individual described in subclause (I) or (II) of clause (ii), or
 (iv)who was for any of the 10 preceding taxable years one of the 4 highest compensated officers of such corporation, determined with respect to each such taxable year on the basis of the shareholder disclosure rules for compensation under the Securities Exchange Act of 1934 (as if such rules applied to such corporation).
								(4)Election
 (A)Time for making electionAn election with respect to qualified stock shall be made under this subsection no later than 30 days after the first date the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, whichever occurs earlier, and shall be made in a manner similar to the manner in which an election is made under subsection (b).
 (B)LimitationsNo election may be made under this section with respect to any qualified stock if— (i)the qualified employee has made an election under subsection (b) with respect to such qualified stock,
 (ii)any stock of the corporation which issued the qualified stock is readily tradable on an established securities market (as determined under paragraph (1)(B)(iii)) at any time before the election is made, or
 (iii)such corporation purchased any of its outstanding stock in the calendar year preceding the calendar year which includes the first date the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, unless—
 (I)not less than 25 percent of the total dollar amount of the stock so purchased is deferral stock, and
 (II)the determination of which individuals from whom deferral stock is purchased is made on a reasonable basis.
									(C)Definitions and special rules related to limitation on stock redemptions
 (i)Deferral stockFor purposes of this paragraph, the term deferral stock means stock with respect to which an election is in effect under this subsection. (ii)Deferral stock with respect to any individual not taken into account if individual holds deferral stock with longer deferral periodStock purchased by a corporation from any individual shall not be treated as deferral stock for purposes of subparagraph (B)(iii) if such individual (immediately after such purchase) holds any deferral stock with respect to which an election has been in effect under this subsection for a longer period than the election with respect to the stock so purchased.
 (iii)Purchase of all outstanding deferral stockThe requirements of subclauses (I) and (II) of subparagraph (B)(iii) shall be treated as met if the stock so purchased includes all of the corporation’s outstanding deferral stock.
 (iv)ReportingAny corporation which has outstanding deferral stock as of the beginning of any calendar year and which purchases any of its outstanding stock during such calendar year shall include on its return of tax for the taxable year in which, or with which, such calendar year ends the total dollar amount of its outstanding stock so purchased during such calendar year and such other information as the Secretary may require for purposes of administering this paragraph.
 (5)Controlled groupsFor purposes of this subsection, all corporations which are treated as a single employer under section 414(b) shall be treated as one corporation.
 (6)Notice requirementAny corporation which transfers qualified stock to a qualified employee shall, at the time that (or a reasonable period before) an amount attributable to such stock would (but for this subsection) first be includible in the gross income of such employee—
 (A)certify to such employee that such stock is qualified stock, and (B)notify such employee—
 (i)that the employee may elect to defer income on such stock under this subsection, and (ii)that, if the employee makes such an election—
 (I)the amount of income recognized at the end of the deferral period will be based on the value of the stock at the time at which the rights of the employee in such stock first become transferable or not subject to substantial risk of forfeiture, notwithstanding whether the value of the stock has declined during the deferral period,
 (II)the amount of such income recognized at the end of the deferral period will be subject to withholding under section 3401(i) at the rate determined under section 3402(t), and
 (III)the responsibilities of the employee (as determined by the Secretary under paragraph (3)(A)(ii)) with respect to such withholding..
			(b)Withholding
 (1)Time of withholdingSection 3401 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (i)Qualified stock for which an election is in effect under section 83(i)For purposes of subsection (a), qualified stock (as defined in section 83(i)) with respect to which an election is made under section 83(i) shall be treated as wages—
 (1)received on the earliest date described in section 83(i)(1)(B), and (2)in an amount equal to the amount included in income under section 83 for the taxable year which includes such date..
 (2)Amount of withholdingSection 3402 of such Code is amended by adding at the end the following new subsection:  (t)Rate of withholding for certain stockIn the case of any qualified stock (as defined in section 83(i)(2)) with respect to which an election is made under section 83(i)—
 (1)the rate of tax under subsection (a) shall not be less than the maximum rate of tax in effect under section 1, and
 (2)such stock shall be treated for purposes of section 3501(b) in the same manner as a non-cash fringe benefit..
				(c)Coordination with other deferred compensation rules
				(1)Election to apply deferral to statutory options
 (A)Incentive stock optionsSection 422(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Such term shall not include any option if an election is made under section 83(i) with respect to the stock received in connection with the exercise of such option..
 (B)Employee stock purchase plansSection 423 of such Code is amended— (i)by adding at the end of subsection (a) the following flush sentence:

								The preceding sentence shall not apply to any share of stock with respect to which an election is
			 made under section 83(i).; and
 (ii)in subsection (b)(5), by striking and before the plan and by inserting , and the rules of section 83(i) shall apply in determining which employees have a right to make an election under such section before the semicolon at the end.
						(C)Conforming amendments
 (i)Section 3121(a)(22)(A) of the Internal Revenue Code of 1986 is amended by inserting (other than qualified stock (as defined in section 83(i)(2)) with respect to which an election is in effect under section 83(i)) after a share of stock.
 (ii)Section 209(a)(19)(A) of the Social Security Act (42 U.S.C. 409) is amended by (other than qualified stock (as defined in section 83(i)(2) of the Internal Revenue Code of 1986) with respect to which an election is in effect under section 83(i) of such Code) after a share of stock.
 (iii)Section 3231(e)(12)(A) of the Internal Revenue Code of 1986 is amended by inserting (other than qualified stock (as defined in section 83(i)(2)) with respect to which an election is in effect under section 83(i)) after a share of stock.
 (iv)Section 3306(b)(19)(A) of the Internal Revenue Code of 1986 is amended by inserting (other than qualified stock (as defined in section 83(i)(2)) with respect to which an election is in effect under section 83(i)) after a share of stock.
 (2)Treatment under nonqualified deferred compensation planSubsection (d) of section 409A of such Code is amended by adding at the end the following new paragraph:

 (7)Treatment of qualified stockAn arrangement under which an employee may receive qualified stock (as defined in section 83(i)(2)) shall not be treated as a nonqualified deferred compensation plan, or as failing to meet the requirements of this section, solely because of an employee’s election, or ability to make an election, to defer recognition of income under section 83(i)..
 (d)Information reportingSection 6051(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting a comma, and by inserting after paragraph (15) the following new paragraphs:

 (16)the amount includible in gross income under subparagraph (A) of section 83(i)(1) with respect to an event described in subparagraph (B) of such section which occurs in such calendar year, and
 (17)the aggregate amount of income which is being deferred pursuant to elections under section 83(i), determined as of the close of the calendar year..
 (e)Penalty for failure of employer To provide notice of tax consequencesSection 6652 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (p)Failure To provide notice under section 83(i)In the case of each failure to provide a notice as required by section 83(i)(6), at the time prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid, on notice and demand of the Secretary and in the same manner as tax, by the person failing to provide such notice, an amount equal to $100 for each such failure, but the total amount imposed on such person for all such failures during any calendar year shall not exceed $50,000..
 (f)GuidanceNot later than December 31, 2018, the Secretary of the Treasury (or the Secretary's delegate) shall issue guidance with respect to section 83(i) of the Internal Revenue Code of 1986 (as added by this section), including guidance relating to—
 (1)the determination the time stock first becomes transferable under such section; (2)the determination of rights and privileges with respect to stock under paragraph (2)(C)(iii) of such section; and
 (3)the requirements of paragraphs (2)(C)(i)(II) and (6) of such section.
				(g)Effective dates
 (1)In generalExcept as provided in paragraph (2), the amendments made by this section shall apply to stock attributable to options exercised, or restricted stock units settled, after December 31, 2019.
 (2)Requirement to provide noticeThe amendments made by subsection (e) shall apply to failures after December 31, 2019.


IV
111th CONGRESS
2d Session
H. RES. 1783
In the House of Representatives, U. S.,

December 22, 2010

RESOLUTION
Making a technical correction to a cross-reference in the final regulations issued by the Office of Compliance to implement the Veterans Employment Opportunities Act of 1998 that apply to the House of Representatives and employees of the House of Representatives.

That section 3(b) of House Resolution 1757, agreed to December 15, 2010, is amended by striking paragraph (1) and redesignating paragraphs (2) through (5) as paragraphs (1) through (4).

Lorraine C. Miller,Clerk.


		I
		111th CONGRESS
		1st Session
		H. R. 1093
		IN THE HOUSE OF REPRESENTATIVES

			February 13, 2009
			Mr. Lewis of Georgia
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend title II of the Social Security Act to provide
		  for an increase in the maximum level of fees authorized to be charged by
		  representatives with respect to claims of entitlement to past-due benefits and
		  to require cost-of-living adjustments to such level of authorized
		  fees.

		1.Increase in maximum level of
			 fees authorized to be charged by representatives with respect to claims of
			 entitlement to past-due benefits and annual adjustments to such level of
			 authorized fees
			(a)In
			 generalSection 206(a)(2)(A)
			 of the Social Security Act (42 U.S.C. 406(a)(2)(A)) is amended—
				(1)in clause
			 (ii)(II), by striking $4,000 and inserting
			 $6,264.50; and
				(2)in
			 the matter following clause (iii), by striking The Commissioner of
			 Social Security may and all that follows through such
			 date. and inserting the following: The Commissioner of Social
			 Security shall adjust annually (after 2009) the dollar amount set forth in
			 subclause (II) of clause (ii) under procedures providing for adjustments in the
			 same manner and to the same extent as adjustments are provided for under
			 section 215(i)(2)(A), except that any amount so adjusted that is not a multiple
			 of $0.10 shall be rounded to the nearest multiple of $0.10..
				(b)Effective
			 dateThe amendments made by
			 this section shall apply with respect to fees to be recovered to compensate for
			 services with respect to claims of entitlement to past-due benefits on which
			 final determinations are made by the Commissioner of Social Security on or
			 after the date of the enactment of this Act.


116 S759 IS: Native American Indian Education Act
U.S. Senate
2019-03-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 759IN THE SENATE OF THE UNITED STATESMarch 12, 2019Mr. Gardner (for himself, Mr. Bennet, Ms. Klobuchar, Ms. Smith, and Mr. Heinrich) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo help provide relief to State education budgets during a recovering economy, to help fulfill the
			 Federal mandate to provide higher educational opportunities for Native
			 American Indians, and for other purposes.

 1.Short titleThis Act may be cited as the Native American Indian Education Act.
		2.Findings and
			 purpose
 (a)FindingsCongress finds the following: (1)Nontribal colleges that serve Native American Indian students have a valuable supplemental role to that provided by tribally controlled community colleges in making available educational opportunities to Native American Indian students.
 (2)Some 4-year colleges serve Native American Indian students by providing tuition-free education, with the support of the State in which the institutions are located, as mandated by Federal statute, to hundreds of Native American Indian students in fulfillment of a condition under which the United States provided land and facilities for colleges to a State or college.
 (3)The value of the Native American Indian student tuition waiver benefits contributed by these colleges and the States that support them today far exceeds the value of the original grant of land and facilities.
 (4)The ongoing financial burden of meeting this Federal mandate to provide tuition-free education to Native American Indian students is no longer equitably shared among the States and colleges because it does not distinguish between Native American Indian students who are residents of the State or of another State.
 (5)Native American Indian student tuition waiver benefits are now at risk of being terminated by severe budget constraints being experienced by these colleges and the States which support them.
 (b)PurposeIt is the purpose of this Act to ensure that Federal funding is provided in order to relieve constrained State education budgets and to support and sustain the longstanding Federal mandate requiring colleges and States to waive, in certain circumstances, tuition charges for Native American Indian students admitted to an undergraduate college program, including the waiver of tuition charges for Native American Indian students who are not residents of the State in which the college is located.
			3.State relief from
 Federal mandatePart A of title III of the Higher Education Act of 1965 (20 U.S.C. 1057 et seq.) is amended by inserting after section 319 the following:

				319A.State relief
				from Federal higher education mandate
					(a)Amount of
				payment
						(1)In
 generalSubject to paragraphs (2) and (3), from amounts made available under subsection (e) for fiscal year 2020 and each succeeding fiscal year, the Secretary shall pay to any eligible college an amount equal to the charges for tuition for such year for all Native American Indian students who—
 (A)are not residents of the State in which the college is located; and
 (B)are enrolled in the college for the academic year ending before the beginning of such fiscal year.
							(2)Eligible
 collegesFor purposes of this section, an eligible college is any institution of higher education serving Native American Indian students that provides tuition-free education as mandated by Federal statute, with the support of the State in which it is located, to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States.
 (3)LimitationThe amount paid to any eligible college for each fiscal year under paragraph (1) may not exceed the amount equal to the charges for tuition for all Native American Indian students of that college who were not residents of the State in which the college is located and who were enrolled in the college for academic year 2019–2020.
						(b)Treatment of
 paymentAny amounts received by an eligible college under this section shall be treated as a reimbursement from the State in which the college is located, and shall be considered as provided in fulfillment of any Federal mandate upon the State to admit Native American Indian students free of charge of tuition.
					(c)Rule of
 constructionNothing in this section shall be construed to relieve any State from any mandate the State may have under Federal law to reimburse a college for each academic year—
 (1)with respect to Native American Indian students enrolled in the college who are not residents of the State in which the college is located, any amount of charges for tuition for such students for such academic year that exceeds the amount received under this section for such academic year; and
 (2)with respect to Native American Indian students enrolled in the college who are residents of the State in which the college is located, an amount equal to the charges for tuition for such students for such academic year.
						(d)Definition of
 Native American Indian studentsIn this section, the term Native American Indian students includes reference to the term Indian pupils as that term has been utilized in Federal statutes imposing a mandate upon any college or State to provide tuition-free education to Native American Indian students in fulfillment of a condition under which the college or State received its original grant of land and facilities from the United States.
					(e)Authorization of appropriations
 (1)In generalThere are authorized to be appropriated— (A)$19,700,000 to carry out subsection (a) for fiscal year 2020; and
 (B)such sums as may be necessary to carry out such subsection for each subsequent fiscal year. (2)No impact on related fundingNo funds providing postsecondary education for Native American Indian students under any other Federal law shall be reduced to offset any funds provided under paragraph (1)..


114 SRES 243 ATS: Celebrating the 35th anniversary of the Small Business Development Centers of the United States.
U.S. Senate
2015-08-05
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
		114th CONGRESS
		1st Session
		S. RES. 243
		IN THE SENATE OF THE UNITED STATES

			August 5, 2015
			Mr. Vitter (for himself, Mrs. Shaheen, Mr. Enzi, Ms. Hirono, Mr. Risch, Mr. Peters, Ms. Ayotte, and Mr. Gardner) submitted the following resolution; which was referred to the Committee on Small Business and Entrepreneurship

		September 8, 2015Committee discharged; considered and agreed toRESOLUTION
		Celebrating the 35th anniversary of the Small Business Development Centers of the United States.

 Whereas America's Small Business Development Center (referred to in this preamble as SBDC) network will celebrate the 35th anniversary of the SBDC network at a conference to be held September 8 through 11, 2015, in San Francisco, California;
 Whereas the conference will be held— (1)to continue the professional development of employees of SBDCs; and
 (2)to commemorate the educational and technical assistance offered by SBDCs to small businesses across the United States;
 Whereas for 35 years, SBDCs have been among the preeminent organizations in the United States for providing business advice, 1-on-1 counseling, and in-depth training to small businesses;
 Whereas, during the 35 years before the date of approval of this resolution, the SBDC network has grown from 9 fledgling centers to a nationwide network of 63 State and regional centers with more than 4,200 business advisors providing free counseling at nearly 1,000 individual locations;
 Whereas the SBDC network has worked for 35 years with the Small Business Administration, institutions of higher education, State governments, Congress, and others, to significantly enhance the economic health and strength of small businesses in the United States;
 Whereas SBDCs— (1)have assisted more than 22,500,000 small businesses during the 35 years before the date of approval of this resolution; and
 (2)continue to aid and support hundreds of thousands of small businesses annually; Whereas 28 percent of all SBDC clients are minorities, 44 percent of SBDC clients are women, and 9 percent of all SBDC clients are veterans;
 Whereas SBDCs provide over 1,250,000 hours of counseling to small businesses and invest over $140,000,000 annually in supporting small business;
 Whereas, since 2012, SBDCs have helped small businesses create over 750,000 jobs, add $67,500,000,000 in sales and attract over $38,000,000,000 in capital;
 Whereas, since the inception of SBDCs, SBDCs have continued to redefine and transform the services offered by SBDCs, including training and advising, and have taken on new missions, in order to ensure that small businesses have relevant and significant assistance in all economic conditions; and
 Whereas Congress continues to support SBDCs and the role of SBDCs in assisting small businesses and building the economic success of the United States: Now, therefore, be it

 That the Senate— (1)celebrates the 35th anniversary of America's Small Business Development Center network; and
 (2)expresses appreciation for— (A)the steadfast partnership between America's Small Business Development Center network and the Small Business Administration; and
 (B)the work of America's Small Business Development Center network in ensuring quality assistance to small business and access for all to the American dream.


116 HR 4639 IH: Pell Grant Sustainability Act
U.S. House of Representatives
2019-10-11
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. 4639IN THE HOUSE OF REPRESENTATIVESOctober 11, 2019Mr. Casten of Illinois (for himself and Mrs. Lee of Nevada) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo index the maximum value of Federal Pell Grants to inflation.

 1.Short titleThis Act may be cited as the Pell Grant Sustainability Act. 2.FindingsCongress finds the following:
 (1)From 2009 through 2018, the maximum discretionary Federal Pell Grants under section 401 of the Higher Education Act of 1965 stayed flat while inflation was 17 percent.
 (2)The value of Federal Pell Grants must keep pace with students’ costs in order to fulfill their mission of enabling lower-income students to attend college.
 3.Indexing Federal Pell Grants to inflationSection 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) is amended— (1)in subsection (a)(1), by striking through fiscal year 2017; and
 (2)in subsection (b)(7)(C), by amending clause (iii) to read as follows:  (iii)Subsequent award years (I)Award years 2018–2019 and 2019–2020For each of the award years 2018–2019 and 2019–2020, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to the amount determined under clause (ii) for award year 2017–2018.
 (II)Award year 2020–2021 and each subsequent award yearFor award year 2020–2021 and each subsequent award year, the amount determined under this subparagraph for purposes of subparagraph (B)(iii) shall be equal to—
							(aa)
 (AA)$6,195 or the total maximum Federal Pell Grant for the preceding award year (as determined under clause (iv)(II)), whichever is greater, increased by a percentage equal to the annual adjustment percentage for the award year for which the amount under this subparagraph is being determined; reduced by
 (BB)$5,135 or the maximum Federal Pell Grant for which a student was eligible for the preceding award year, as specified in the last enacted appropriation Act applicable to that year, whichever is greater; and
 (bb)rounded to the nearest $5..


115 HR 4402 IH: Streamlining FAFSA Act of 2017
U.S. House of Representatives
2017-11-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 4402IN THE HOUSE OF REPRESENTATIVESNovember 15, 2017Ms. Judy Chu of California introduced the following bill; which was referred to the Committee on Education and the WorkforceA BILLTo amend section 479(c) of the Higher Education Act of 1965 to clarify when the Secretary shall
			 consider an independent student without dependents to have an expected
			 family contribution equal to zero.

 1.Short titleThis Act may be cited as the Streamlining FAFSA Act of 2017. 2.Zero expected family contribution for simplified needs testsSection 479(c) of the Higher Education Act of 1965 (20 U.S.C. 1087ss(c)) is amended—
 (1)in paragraph (1), by striking or at the end; (2)in paragraph (2), by striking the period at the end and inserting ; or; and
 (3)by inserting after paragraph (2) the following:  (3)in the case of an independent student without dependents—
 (A)the student (and the student's spouse, if any)— (i)files, or is eligible to file, a form described in subsection (b)(3);
 (ii)certifies that the student (and the student's spouse, if any) is not required to file a Federal income tax return;
 (iii)is a dislocated worker or has a spouse who is a dislocated worker; or (iv)received benefits at some time during the previous 24-month period under a means-tested Federal benefit program as defined under subsection (d); and
 (B)the sum of the adjusted gross income of the student and spouse (if appropriate) is less than or equal to $23,000..