113 S1670 IS: Pain-Capable Unborn Child Protection Act
U.S. Senate
2013-11-07
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.

II113th CONGRESS1st SessionS. 1670IN THE SENATE OF THE UNITED STATESNovember 7, 2013Mr. Graham (for himself, Mr. McConnell, Mr. Cornyn, Mr. Thune, Mr. Barrasso, Mr. Blunt, Mr. Moran, Mr. Portman, Mr. Scott, Mr. Hatch, Mr. Grassley, Mr. Rubio, Mr. Cruz, Mr. Roberts, Mr. Inhofe, Mr. Vitter, Mr. Hoeven, Mr. Johanns, Mr. Boozman, Mr. Crapo, Mr. Chambliss, Mr. McCain, Mr. Enzi, Mr. Risch, Mr. Coats, Mr. Coburn, Mr. Burr, Mr. Johnson of Wisconsin, Mr. Cochran, Mr. Wicker, Mr. Isakson, Mrs. Fischer, Mr. Shelby, Mr. Flake, Ms. Ayotte, Mr. Sessions, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to protect pain-capable unborn children, and for other purposes.1.Short titleThis Act may be cited as the
			 Pain-Capable Unborn Child Protection
			 Act.2.Legislative findingsCongress finds and declares the
			 following:(1)Pain receptors
			 (nociceptors) are present throughout the unborn child’s entire body and nerves
			 link these receptors to the brain’s thalamus and subcortical plate by no later
			 than 20 weeks after fertilization.(2)By 8 weeks after
			 fertilization, the unborn child reacts to touch. After 20 weeks, the unborn
			 child reacts to stimuli that would be recognized as painful if applied to an
			 adult human, for example, by recoiling.(3)In the unborn
			 child, application of such painful stimuli is associated with significant
			 increases in stress hormones known as the stress response.(4)Subjection to such
			 painful stimuli is associated with long-term harmful neurodevelopmental
			 effects, such as altered pain sensitivity and, possibly, emotional, behavioral,
			 and learning disabilities later in life.(5)For the purposes of surgery on unborn
			 children, fetal anesthesia is routinely administered and is associated with a
			 decrease in stress hormones compared to their level when painful stimuli are
			 applied without such anesthesia. In the United States, surgery of this type is
			 being performed by 20 weeks after fertilization and earlier in specialized
			 units affiliated with children’s hospitals.(6)The position, asserted by some physicians,
			 that the unborn child is incapable of experiencing pain until a point later in
			 pregnancy than 20 weeks after fertilization predominately rests on the
			 assumption that the ability to experience pain depends on the cerebral cortex
			 and requires nerve connections between the thalamus and the cortex. However,
			 recent medical research and analysis, especially since 2007, provides strong
			 evidence for the conclusion that a functioning cortex is not necessary to
			 experience pain.(7)Substantial
			 evidence indicates that children born missing the bulk of the cerebral cortex,
			 those with hydranencephaly, nevertheless experience pain.(8)In adult humans
			 and in animals, stimulation or ablation of the cerebral cortex does not alter
			 pain perception, while stimulation or ablation of the thalamus does.(9)Substantial
			 evidence indicates that structures used for pain processing in early
			 development differ from those of adults, using different neural elements
			 available at specific times during development, such as the subcortical plate,
			 to fulfill the role of pain processing.(10)The position,
			 asserted by some commentators, that the unborn child remains in a coma-like
			 sleep state that precludes the unborn child experiencing pain is inconsistent
			 with the documented reaction of unborn children to painful stimuli and with the
			 experience of fetal surgeons who have found it necessary to sedate the unborn
			 child with anesthesia to prevent the unborn child from engaging in vigorous
			 movement in reaction to invasive surgery.(11)Consequently,
			 there is substantial medical evidence that an unborn child is capable of
			 experiencing pain at least by 20 weeks after fertilization, if not
			 earlier.(12)It is the purpose
			 of the Congress to assert a compelling governmental interest in protecting the
			 lives of unborn children from the stage at which substantial medical evidence
			 indicates that they are capable of feeling pain.(13)The compelling
			 governmental interest in protecting the lives of unborn children from the stage
			 at which substantial medical evidence indicates that they are capable of
			 feeling pain is intended to be separate from and independent of the compelling
			 governmental interest in protecting the lives of unborn children from the stage
			 of viability, and neither governmental interest is intended to replace the
			 other.3.Pain-capable unborn
			 child protection(a)In
			 generalChapter 74 of title
			 18, United States Code, is amended by inserting after section 1531 the
			 following:1532.Pain-capable
				unborn child protection(a)Unlawful
				conductNotwithstanding any
				other provision of law, it shall be unlawful for any person to perform an
				abortion or attempt to do so, unless in conformity with the requirements set
				forth in
				subsection (b).(b)Requirements for
				abortions(1)The physician
				performing or attempting the abortion shall first make a determination of the
				probable post-fertilization age of the unborn child or reasonably rely upon
				such a determination made by another physician. In making such a determination,
				the physician shall make such inquiries of the pregnant woman and perform or
				cause to be performed such medical examinations and tests as a reasonably
				prudent physician, knowledgeable about the case and the medical conditions
				involved, would consider necessary to make an accurate determination of
				post-fertilization age.(2)(A)Except as provided in
				subparagraph (B), the abortion
				shall not be performed or attempted, if the probable post-fertilization age, as
				determined under
				paragraph (1), of the unborn child is
				20 weeks or greater.(B)Subject to
				subparagraph (C),
				subparagraph (A) does not apply
				if—(i)in reasonable medical judgment, the
				abortion is necessary to save the life of a pregnant woman whose life is
				endangered by a physical disorder, physical illness, or physical injury,
				including a life-endangering physical condition caused by or arising from the
				pregnancy itself, but not including psychological or emotional conditions;
				or(ii)the pregnancy is the result of rape, or the
				result of incest against a minor, if the rape has been reported at any time
				prior to the abortion to an appropriate law enforcement agency, or if the
				incest against a minor has been reported at any time prior to the abortion to
				an appropriate law enforcement agency or to a government agency legally
				authorized to act on reports of child abuse or neglect.(C)Notwithstanding the definitions of
				abortion and attempt an abortion in this section,
				a physician terminating or attempting to terminate a pregnancy under an
				exception provided by
				subparagraph (B) may do so only in
				the manner which, in reasonable medical judgment, provides the best opportunity
				for the unborn child to survive, unless, in reasonable medical judgment,
				termination of the pregnancy in that manner would pose a greater risk
				of—(i)the death of the pregnant woman;
				or(ii)the substantial and irreversible
				physical impairment of a major bodily function, not including psychological or
				emotional conditions, of the pregnant woman;than
				would other available methods.(c)Criminal
				penaltyWhoever violates
				subsection (a) shall be fined under this
				title or imprisoned for not more than 5 years, or both.(d)Bar to
				prosecutionA woman upon whom an abortion in violation of
				subsection (a) is performed or attempted
				may not be prosecuted under, or for a conspiracy to violate,
				subsection (a), or for an offense under
				section 2, 3, or 4 of this title based on such a violation.(e)DefinitionsIn this section the following definitions
				apply:(1)AbortionThe term abortion means the
				use or prescription of any instrument, medicine, drug, or any other substance
				or device—(A)to intentionally
				kill the unborn child of a woman known to be pregnant; or(B)to intentionally terminate the pregnancy of
				a woman known to be pregnant, with an intention other than—(i)after viability to
				produce a live birth and preserve the life and health of the child born alive;
				or(ii)to remove a dead
				unborn child.(2)Attempt an
				abortionThe term
				attempt, with respect to an abortion, means conduct that, under
				the circumstances as the actor believes them to be, constitutes a substantial
				step in a course of conduct planned to culminate in performing an
				abortion.(3)FertilizationThe term fertilization means
				the fusion of human spermatozoon with a human ovum.(4)PerformThe term perform, with respect
				to an abortion, includes induce an abortion through a medical or chemical
				intervention including writing a prescription for a drug or device intended to
				result in an abortion.(5)PhysicianThe term physician means a
				person licensed to practice medicine and surgery or osteopathic medicine and
				surgery, or otherwise legally authorized to perform an abortion.(6)Post-fertilization
				ageThe term
				post-fertilization age means the age of the unborn child as
				calculated from the fusion of a human spermatozoon with a human ovum.(7)Probable
				post-fertilization age of the unborn childThe term probable post-fertilization
				age of the unborn child means what, in reasonable medical judgment, will
				with reasonable probability be the postfertilization age of the unborn child at
				the time the abortion is planned to be performed or induced.(8)Reasonable
				medical judgmentThe term
				reasonable medical judgment means a medical judgment that would be
				made by a reasonably prudent physician, knowledgeable about the case and the
				treatment possibilities with respect to the medical conditions involved.(9)Unborn
				childThe term unborn
				child means an individual organism of the species homo sapiens,
				beginning at fertilization, until the point of being born alive as defined in
				section 8(b) of title 1.(10)WomanThe term woman means a female
				human being whether or not she has reached the age of
				majority..(b)Clerical
			 amendmentThe table of sections at the beginning of chapter 74 of
			 title 18, United States Code, is amended by adding at the end the following new
			 item:1532. Pain-capable unborn child
				protection..(c)Chapter heading
			 amendments(1)Chapter heading
			 in chapterThe chapter heading for chapter 74 of title 18, United
			 States Code, is amended by striking Partial-Birth Abortions and inserting
			 Abortions.(2)Table of
			 chapters for part IThe item
			 relating to chapter 74 in the table of chapters at the beginning of part I of
			 title 18, United States Code, is amended by striking Partial-Birth
			 Abortions and inserting Abortions.


I
111th CONGRESS
1st Session
H. R. 652
IN THE HOUSE OF REPRESENTATIVES

January 22, 2009
Mr. King of New York introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To amend the Public Health Service Act to establish a comprehensive national system for skilled construction workers to assist first responders in disasters.

1.Short titleThis Act may be cited as the Skilled Trades Second Responders Act of 2009.
2.FindingsCongress finds the following:
(1)Skilled construction workers are essential to effectively providing rescue and recovery following manmade and natural disasters, and are vital to the cleanup, demolition, rehabilitation, and reconstruction of disaster sites after recovery operations.
(2)Construction craft workers bring essential skills in support of first responders, including demolition (such as welding, cutting, burning, and rigging), electrical and pipeline maintenance, hazardous waste cleanup, equipment operations, and traffic control.
(3)Construction contractors and employers also provide essential equipment to disaster response efforts, such as welding machines, backhoes, cranes, dozers, skilled workers, and essential supplies for site-specific needs.
(4)Historically, construction craft workers have provided support skills to first response operations after natural disasters, such as Hurricanes Katrina and Rita; terrorist attacks, such as Oklahoma City, the World Trade Center, and the Pentagon; and manmade disasters, such as the Minneapolis bridge collapse. However, there are no systems in place to mobilize this workforce or ensure the effective integration of construction craft workers with first responder operations.
(5)The experience of earlier disasters reveals the need for a cohesive national, State, and local system of construction craft workers ready to serve their country and assist first responders in response to a disaster. The system should be designed to identify, train, certify, register, and integrate skilled craft workers into disaster preparedness and response activities, as well as provide training of construction craft workers in health and safety procedures to assist rescue, recovery, and cleanup activities.
3.Second responder program in the National Institute of Environmental Health SciencesSubpart 12 of part C of title IV of the Public Health Service Act (42 U.S.C. 285l et seq.) is amended by adding at the end the following:

463C.Second responder training and integration program
(a)In generalThe Director of the Institute shall establish, as part of the Worker Education and Training Program of the Institute, a national program for the training, certification, registration, tracking, and integration of skilled construction workers to assist first responders in responding to disasters, including natural and manmade disasters and terrorist attacks.
(b)Content of programAs part of the national program established under subsection (a), the Director shall—
(1)develop a national plan for integrating construction activities into State and local disaster-response plans;
(2)provide training for construction trainers and workers, foremen, supervisors, and other industry personnel on how to assist first responders and integrate their efforts with first responders during emergency response, rescue, recovery, and cleanup activities;
(3)provide specialized safety, health, and skills training to construction workers on how to protect themselves, coworkers, and the public from safety and health hazards inherent in disaster response activities;
(4)
(A)establish community-based registries of certified skilled workers who are considered on call and who can be identified and mobilized when needed; and
(B)pilot integration of such community-based registries into a national registry system;
(5)establish a national, State, and local system to maintain the readiness of construction personnel and equipment through regular training, recertification, and exercises with first responders; and
(6)develop agreements with construction industry contractors and joint labor-management organizations that have disaster response capabilities and with designated first response coordinating agencies for on-call responses in the event of a disaster.
(c)CoordinationIn developing the national program under subsection (a), the Director shall coordinate and consult with the Department of Homeland Security, including the Federal Emergency Management Agency, other relevant agencies, and private organizations, including construction industry contractors, joint labor-management training funds, and building trade unions, that are experienced in providing rescue and recovery assistance to first responders, and in the cleanup, demolition, rehabilitation, and reconstruction of disaster sites after recovery operations.
(d)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $35,000,000 for fiscal year 2010 and each subsequent fiscal year. Such authorization is in addition to any other authorization of appropriations that is available for such purpose..


113 HR 5804 IH: Operation United Assistance Tax Exclusion Act of 2014
U.S. House of Representatives
2014-12-08
text/xml
EN
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		I
		113th CONGRESS
		2d Session
		H. R. 5804
		IN THE HOUSE OF REPRESENTATIVES

			December 8, 2014
			Mr. O’Rourke (for himself, Mr. Williams, and Mr. Carter) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To provide that members of the Armed Forces performing hazardous humanitarian services in West
			 Africa to combat the spread of the 2014 Ebola virus outbreak shall be
			 entitled to tax benefits in the same manner as if such services were
			 performed in a combat zone.

		1.Short titleThis Act may be cited as the Operation United Assistance Tax Exclusion Act of 2014.
		2.Treatment of certain hazardous humanitarian service as combat zone service for purposes of the
			 combat zone compensation exclusion
			(a)In generalFor purposes of section 112 of the Internal Revenue Code of 1986, service by a qualified member of
			 the Armed Forces during Operation United Assistance shall be treated as
			 service in a combat zone in the same manner as if the President of the
			 United States had by Executive Order designated the Ebola virus disease
			 outbreak area as an area of combat under section 112(c)(2) of such Code.
			(b)Definitions
				(1)Qualified member of the Armed ForcesThe term qualified member of the Armed Forces means a member of the Armed Forces serving in Operation United Assistance who is required to
			 undergo a program of not less than 21 days of controlled monitoring in a
			 controlled monitoring area upon the individual's return from the Ebola
			 virus disease outbreak area.
				(2)Operation United AssistanceThe term Operation United Assistance means the mission beginning in September 2014 in the Ebola virus disease outbreak area.
				(3)Ebola virus disease outbreak areaThe term Ebola virus disease outbreak area means Liberia, Sierra Leone, and Guinea, and any other region designated by the Centers for
			 Disease Control and Prevention as experiencing a widespread Ebola virus
			 disease outbreak as of the date of the enactment of this Act.


117 HRES 682 IH: Recognizing the self-determination of Gibraltar to determine its status as a British Overseas Territory.
U.S. House of Representatives
2021-09-24
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IV117th CONGRESS1st SessionH. RES. 682IN THE HOUSE OF REPRESENTATIVESSeptember 24, 2021Mr. Kind (for himself, Mr. Bacon, Mr. Connolly, Mr. Rouzer, Mr. Cooper, Mrs. Carolyn B. Maloney of New York, Mr. Kilmer, Mr. Aderholt, Mr. Waltz, Mr. Rice of South Carolina, Mr. Fleischmann, Mr. Courtney, Mr. Diaz-Balart, Mr. Calvert, Mr. Bilirakis, Mr. Mast, Mr. Cicilline, Mr. Smith of Missouri, Mr. Cole, Mr. Jackson, Ms. Lois Frankel of Florida, Mr. Suozzi, Ms. Wilson of Florida, and Ms. Speier) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONRecognizing the self-determination of Gibraltar to determine its status as a British Overseas Territory.Whereas the Department of State recognizes Gibraltar as an overseas territory of the United Kingdom based on the 1713 Treaty of Utrecht;Whereas the citizens of Gibraltar have freely and democratically expressed their view to remain a British Overseas Territory in 1967 and 2002, when 99.6 and 98.48 percent of the Gibraltarians, respectively, voted in a popular referenda their wish to remain a British Overseas Territory;Whereas the United States has relied on Gibraltar’s military facilities numerous times, including America’s first overseas military intervention in 1801 against the Barbary States, World War II, and the North Atlantic Treaty Organization intervention in 2011 in Libya;Whereas, during World War II, General Dwight Eisenhower used Gibraltar as his headquarters to plan the liberation of North Africa stating, Without it the vital air cover would not have been quickly established on the North African fields.;Whereas the security situation in North Africa and the Middle East continues to underscore the need for the United States to maintain secure access to Gibraltar’s military facilities;Whereas Gibraltar has the right, under the United Nations Charter and the International Covenant on Civil and Political Rights, to determine its own future; andWhereas the United Kingdom is a loyal ally that has stood by the United States: Now, therefore, be itThat it is the sense of the House of Representatives that—(1)the United States honors the contribution that Gibraltar has made to advancing United States security interests in the Mediterranean region since 1801 and extends its deepest appreciation and thanks to the Government of Gibraltar and its citizens; and(2)the views and rights of Gibraltarians should always be imperative in any discussion of Gibraltar’s status as a British Overseas Territory.


117 HR 586 : Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021
U.S. House of Representatives
2021-05-13
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EN
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IIB117th CONGRESS1st SessionH. R. 586IN THE SENATE OF THE UNITED STATESMay 13, 2021 Received; read twice and referred to the Committee on Health, Education, Labor, and PensionsAN ACTTo amend the Public Health Service Act to provide best practices on student suicide awareness and prevention training and condition State educational agencies, local educational agencies, and tribal educational agencies receiving funds under section 520A of such Act to establish and implement a school-based student suicide awareness and prevention training policy.1.Short titleThis Act may be cited as the Suicide Training and Awareness Nationally Delivered for Universal Prevention Act of 2021 or the STANDUP Act of 2021.2.Student suicide awareness and prevention training(a)In generalTitle V of the Public Health Service Act is amended by inserting after section 520A of such Act (42 U.S.C. 290bb–32) the following:520B.Student suicide awareness and prevention training policies(a)In generalAs a condition on receipt of funds under section 520A, each State educational agency, local educational agency, and Tribal educational agency that receives such funds, directly or through a State or Indian Tribe, for activities to be performed within secondary schools, including the Project AWARE State Education Agency Grant Program, shall—(1)establish and implement a school-based student suicide awareness and prevention training policy;(2)consult with stakeholders (including principals, teachers, parents, local Tribal officials, and other school leaders) in the development of the policy under subsection (a)(1); and(3)collect and report information in accordance with subsection (c).(b)School-Based student suicide awareness and prevention training policyA school-based student suicide awareness and prevention training policy implemented pursuant to subsection (a)—(1)shall be evidence-based;(2)shall be culturally and linguistically appropriate; (3)shall provide evidence-based training to students in grades 6 through 12, in coordination with school-based mental health service providers as defined in section 4102(6) of the Elementary and Secondary Education Act of 1965, if applicable, regarding—(A)suicide education and awareness, including warning signs of self-harm or suicidal ideation;(B)methods that students can use to seek help for themselves and others; and(C)student resources for suicide awareness and prevention;(4)shall provide for retraining of such students every school year;(5)may last for such period as the State educational agency, local educational agency, or Tribal educational agency involved determines to be appropriate; (6)may be implemented through any delivery method, including in-person trainings, digital trainings, or train-the-trainer models; and(7)may include discussion of comorbidities or risk factors for suicidal ideation or self-harm, including substance misuse, sexual or physical abuse, mental illness, or other evidence-based comorbidities and risk factors.(c)Collection of information and reportingEach State educational agency, local educational agency, and Tribal educational agency that receives funds under section 520A shall, with respect to each school served by the agency, collect and report to the Secretary the following information:(1)The number of student trainings conducted.(2)The number of students trained, disaggregated by age and grade level.(3)The number of help-seeking reports made by students after implementation of such policy.(d)Evidence-Based program listingThe Secretary of Health and Human Services shall coordinate with the Secretary of Education to make publicly available the policies established by State educational agencies, local educational agencies, and Tribal educational agencies pursuant to this section and the training that is available to students and teams pursuant to such policies, including identification of whether such training is available to trainees at no cost.(e)Implementation timelineA State educational agency, local educational agency, or Tribal educational agency shall establish and begin implementation of the policies required by subsection (a)(1) not later than the beginning of the third fiscal year following the date of enactment of this section for which the agency receives funds under section 520A.(f)DefinitionsIn this section and section 520B–1:(1)The term evidence-based has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965.(2)The term local educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965.(3)The term State educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965.(4)The term Tribal educational agency has the meaning given to the term tribal educational agency in section 6132 of the Elementary and Secondary Education Act of 1965.520B–1.Best practices for student suicide awareness and prevention trainingThe Secretary of Health and Human Services, in consultation with the Secretary of Education and the Bureau of Indian Education, shall—(1)publish best practices for school-based student suicide awareness and prevention training, pursuant to section 520B, that are based on—(A)evidence-based practices; and(B)input from relevant Federal agencies, national organizations, Indian Tribes and Tribal organizations, and related stakeholders;(2)publish guidance, based on the best practices under paragraph (1), to provide State educational agencies, local educational agencies, and Tribal educational agencies with information on student suicide awareness and prevention best practices;(3)disseminate such best practices to State educational agencies, local educational agencies, and Tribal educational agencies; and(4)provide technical assistance to State educational agencies, local educational agencies, and Tribal educational agencies..3.Effective dateThe amendments made by this Act shall only apply with respect to applications for assistance under section 520A of the Public Health Service Act (42 U.S.C. 290bb–32) that are submitted after the date of enactment of this Act.Passed the House of Representatives May 12, 2021.Cheryl L. Johnson,Clerk


114 HR 4833 IH: Food Deserts Act of 2016
U.S. House of Representatives
2016-03-22
text/xml
EN
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		I
		114th CONGRESS
		2d Session
		H. R. 4833
		IN THE HOUSE OF REPRESENTATIVES

			March 22, 2016
			Mr. Carson of Indiana (for himself, Mr. Clyburn, Mr. Clay, Mr. Cummings, Ms. Moore, Ms. Norton, Mr. Payne, Ms. Plaskett, and Ms. Wilson of Florida) introduced the following bill; which was referred to the Committee on Agriculture

		A BILL
		To authorize the Secretary of Agriculture to make grants to States to support the establishment and
			 operation of grocery stores in underserved communities, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Food Deserts Act of 2016. 2.Grant program to establish grocery stores in underserved communities (a)Establishment of grant programThe Secretary shall establish a program to provide capitalization grants to States for the purpose of establishing revolving funds to support the establishment and operation of grocery stores in underserved communities.
 (b)AdministrationA State receiving funds under this Act shall administer the revolving fund of the State through an instrumentality of the State with such powers and limitations as may be required to operate such fund in accordance with the requirements of this Act.
 (c)Projects and activities eligible for assistanceAmounts in a revolving fund shall be used for the purpose of making loans— (1)to open a grocery store in an underserved community, except that such loan may not be used for the purpose of new construction;
 (2)to support the operations of an existing grocery store in an underserved community; (3)to facilitate the fair market value purchase of an existing grocery store in an underserved community; or
 (4)to support the operations of a program participant that is located in a community that would be an underserved community if the program participant was not located in such community.
				(d) Grocery stores eligible for assistance
 (1)Required criteriaA State receiving a capitalization grant under this Act may only make a loan from the revolving fund of the State to an entity that the State determines—
 (A)is a grocery store or will be a grocery store after opening; (B)emphasizes or will emphasize unprocessed, healthful foods;
 (C)provides or will provide a variety of raw fruits and vegetables; (D)provides or will provide staple foods;
 (E)has a plan to keep such foods in stock to the extent possible; (F)charges or will charge prices at or below municipal averages; and
 (G)is sufficiently qualified to operate a grocery store. (2) Priority criteria (A)Nonprofit or municipally owned entitiesA State shall prioritize an application for a loan from the revolving fund of the State from a nonprofit organization or municipally owned entity that the State determines—
 (i)hires or plans to hire workers who reside within the underserved community that would be served by the entity;
 (ii)provides or plans to provide classes or other educational information about a healthful diet; (iii)sources or plans to source food from local urban farms and gardens;
 (iv)does not or will not sell alcohol or tobacco products; (v)demonstrates existing supply chain relationships in the grocery industry; or
 (vi)demonstrates expertise in the grocery industry. (B)For-profit entitiesA State shall prioritize an application for a loan from the revolving fund of the State from a for-profit entity that the State determines meets any of the requirements in clauses (i) through (iv) of subparagraph (A).
 (e)ApplicationAn entity that desires a loan from a revolving fund of a State shall submit an application to the State at such time, in such manner, and containing such information as the State may require.
			(f)Loan conditions
 (1)In generalA loan distributed from a revolving fund by a State may be used by a program participant only for the purposes specified in subsection (c).
 (2)Interest ratesA loan distributed by a State from a revolving fund shall be made at or below market interest rates, including an interest free loan, at terms not to exceed the lesser of 30 years or the projected useful life (as determined by the State) of the project to be financed with the proceeds of the loan.
 (3)Structure of loanA loan may be distributed from a revolving fund by a State to a program participant in a lump sum or in multiple distributions over a period of years.
 (4)Loan amountA State may not provide a loan to a program participant from the revolving fund of the State in a fiscal year that exceeds 10 percent of the amount available from the fund for making distributions in that fiscal year.
 (5)PaymentsAnnual principal and interest payments on a loan received from a revolving fund of a State shall commence not later than 1 year after the loan is disbursed to the program participant and all loans will be fully amortized upon the expiration of the term of the loan.
 (6)Revenue for repaymentA program participant shall establish a dedicated source of revenue for repayment of a loan received from a revolving fund of a State.
 (7)Crediting revolving fundA revolving fund of a State shall be credited with all payments of principal and interest on all loans made from the revolving fund.
 (g)Administration costsA State shall charge a program participant an administrative fee of not more than 4 percent of the loan amount. The State shall use the fees to administer the revolving fund and conduct administration activities under this Act.
 (h)Technical assistanceThe Secretary shall provide technical assistance to program participants to assist with sourcing of food, food storage, and other operational requirements.
 (i)BankruptcyIn the case of the bankruptcy of a program participant, amounts owned on a loan from a revolving fund shall be afforded precedence over other debt.
 (j)Grocery store earningsEarnings of a nonprofit organization or municipally owned program participant that are attributable to a loan received from a revolving fund of a State shall be used for reinvestment into the program participant or to support the continuity of operations of the program participant.
			3.Capitalization grants to fund State revolving funds
 (a)Eligibility of State for capitalization grantTo be eligible for a capitalization grant, a State shall— (1)establish a revolving fund that complies with the requirements of this Act;
 (2)establish a process for applications and criteria for making loans from the revolving fund, subject to the requirements in section 2(d); and
 (3)match no less than 20 percent, from non-Federal sources, of the amount of the capitalization grant provided to the State.
 (b)Upon receipt of capitalization grantUpon the receipt of a capitalization grant, a State shall deposit such capitalization grant into the revolving fund of the State.
 (c)Authorization of appropriationsThere is authorized to be appropriated to carry out this Act— (1)$150,000,000 for fiscal year 2017; and
 (2)such sums as may be necessary for subsequent fiscal years. (d)DistributionFor a fiscal year, the Secretary shall apportion amounts made available for capitalization grants under this section among the States eligible under subsection (a) in the ratio that—
 (1)the population of underserved communities in each State eligible under subsection (a); bears to (2)the population of underserved communities in all States eligible under subsection (a).
 4.DefinitionsIn this Act: (1)Capitalization grantThe term capitalization grant means a grant made to a State under the program.
 (2)Healthful foodThe term healthful food means food that reflects the most recent Dietary Guidelines for Americans. (3)Grocery storeThe term grocery store means a retail store that derives income primarily from the sale of food for home preparation and consumption.
 (4)ProgramThe term program means the program described in section 2(a). (5)Program participantThe term program participant means an entity that has received a loan under the program.
 (6)Revolving fundThe term revolving fund means a fund established by a State for use as a depository for a capitalization grant. (7)SecretaryThe term Secretary means the Secretary of Agriculture.
 (8)Staple foodThe term staple food has the meaning given the term in section 243(b) of the Agricultural Act of 2014 (7 U.S.C. 6953(b)).
 (9)StateThe term State means States of the Union, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.
 (10)Underserved communityThe term underserved community has the meaning given the term in section 301B(g)(9)(A)(ii) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(9)(A)(ii)).


109 HR 3400 IH: To amend the Internal Revenue Code of 1986 to make permanent the option of including combat pay when computing earned income.
U.S. House of Representatives
2005-07-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3400
IN THE HOUSE OF REPRESENTATIVES

July 21, 2005
Mr. Terry introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to make permanent the option of including combat pay when computing earned income.

1.Earned income includes combat pay
(a)Earned income creditClause (vi) of section 32(c)(2)(B) of the Internal Revenue Code of 1986 is amended to read as follows:

(vi)a taxpayer may elect to treat amounts excluded from gross income by reason of section 112 as earned income..
(b)Repeal of EGTRRA sunset applicabilitySection 105 of the Working Families Tax Relief Act of 2004 shall not apply to the amendments made by section 104(b) of such Act.
(c)Effective dateThe amendment made by subsection (a) shall apply to taxable years ending after December 31, 2005.


115 HCON 43 : Providing official recognition of the massacre of 11 African-American soldiers of the 333rd Field Artillery Battalion of the United States Army who had been captured in Wereth, Belgium, during the Battle of the Bulge on December 17, 1944.
U.S. House of Representatives
2017-11-02
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.

		III
		115th CONGRESS
		1st Session
		H. CON. RES. 43
		IN THE SENATE OF THE UNITED STATES
		November 2, 2017 Received and referred to the Committee on Armed ServicesCONCURRENT RESOLUTION
		Providing official recognition of the massacre of 11 African-American soldiers of the 333rd Field
			 Artillery Battalion of the United States Army who had been captured in
			 Wereth, Belgium, during the Battle of the Bulge on December 17, 1944.

 Whereas, during the Battle of the Bulge in Belgium in December 1944, the 333rd Field Artillery Battalion, an African-American unit, was among the units of the United States Army overrun in the initial German attack;
 Whereas eleven soldiers from different batteries of the 333rd Field Artillery Battalion escaped capture and tried to return to the American lines;
 Whereas the eleven soldiers were Curtis Adams of South Carolina, Mager Bradley of Mississippi, George Davis, Jr., of Alabama, Thomas Forte of Mississippi, Robert Green of Georgia, James Leatherwood of Mississippi, Nathaniel Moss of Texas, George Motten of Texas, William Pritchett of Alabama, James Stewart of West Virginia, and Due Turner of Arkansas;
 Whereas, despite the bitter cold and snow, the soldiers walked 10 miles to the town of Wereth, Belgium, where they received shelter at the farmhouse of Mathias Langer, a resident of Wereth;
 Whereas the eleven soldiers were captured by a German patrol composed of SS soldiers, who, after dark, marched the unarmed Americans to a nearby field and brutally massacred them;
 Whereas, in 1949, a subcommittee of the Committee on Armed Services of the Senate conducted an investigation in connection with massacres and other atrocities committed by German troops during the Battle of the Bulge;
 Whereas the report of the subcommittee identified 12 locations at which American Prisoners of War, Belgian civilians, or both were murdered during the Battle of the Bulge;
 Whereas the massacre of the 11 African-American soldiers of the 333rd Field Artillery Battalion in Wereth was omitted from the report, and the occurrence of this massacre remains unknown to the vast majority of Americans; and
 Whereas, in 2004, a permanent monument was dedicated in Wereth to the 11 African-American soldiers of the 333rd Field Artillery Battalion who lost their lives in Wereth during the Battle of the Bulge to defeat fascism and defend freedom: Now, therefore, be it

 That Congress— (1)officially recognizes the dedicated service and ultimate sacrifice on behalf of the United States of the 11 African-American soldiers of the 333rd Field Artillery Battalion of the United States Army who were massacred in Wereth, Belgium, during the Battle of the Bulge on December 17, 1944; and
 (2)calls on the Committee on Armed Services of the Senate to correct the omission in the 1949 report of its subcommittee and appropriately recognize the sacrifice and massacre of the Wereth 11.

	Passed the House of Representatives November 1, 2017.Karen L. Haas,Clerk


113 HR 3112 IH: Medicare Orthotics and Prosthetics Improvement Act of 2013
U.S. House of Representatives
2013-09-17
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.

I113th CONGRESS1st SessionH. R. 3112IN THE HOUSE OF REPRESENTATIVESSeptember 17, 2013Mr. Thompson of Pennsylvania (for himself and Mr. Thompson of California) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to modify the designation of accreditation organizations for orthotics and prosthetics, to apply accreditation and licensure requirements to suppliers of such devices and items for purposes of payment under the Medicare program, and to modify the payment rules for such devices and items under such program to account for practitioner qualifications and complexity of care, and for other purposes.1.Short titleThis Act may be cited as the Medicare Orthotics and Prosthetics Improvement Act of 2013.2.Modification of requirements applicable under medicare to designation of accreditation organizations for suppliers of orthotics and prosthetics(a)In generalSection 1834(a)(20)(B) of the Social Security Act (42 U.S.C. 1395m(a)(20)(B)) is amended—(1)by striking organizations.—Not later than and inserting:organizations.—(i)In generalSubject to clause (ii), not later than; and(2)by adding after clause (i), as added by paragraph (1), the following new clauses:(ii)Special requirements for accreditation of suppliers of orthotics and prostheticsFor purposes of applying quality standards under subparagraph (A) for suppliers (other than suppliers described in clause (iii)) of items and services described in subparagraph (D)(ii), the Secretary shall designate and approve an independent accreditation organization under clause (i) only if such organization is a Board or program described in subsection (h)(1)(F)(iv). Not later than January 1, 2014, the Secretary shall ensure that at least one independent accreditation organization is designated and approved in accordance with this clause.(iii)ExceptionSuppliers described in this clause are physicians, occupational therapists, or physical therapists who are licensed or otherwise regulated by the State in which they are practicing and who receive payment under this title, including regulations promulgated pursuant to this subsection..(b)Effective dateAn organization must satisfy the requirement of section 1834(a)(20)(B)(ii), as added by subsection (a)(2), not later than January 1, 2014, regardless of whether such organization is designated or approved as an independent accreditation organization before, on, or after the date of the enactment of this Act.3.Application of existing accreditation and licensure requirements to certain prosthetics and custom-fabricated or custom-fitted orthotics(a)In generalSection 1834(h)(1)(F) of the Social Security Act (42 U.S.C. 1395m(h)(1)(F)) is amended—(1)in the heading, by inserting or custom-fitted after custom-fabricated;(2)in clause (i), by striking an item of custom-fabricated orthotics described in clause (ii) or for an item of prosthetics unless such item is and inserting an item of orthotics or prosthetics, including an item of custom-fabricated orthotics described in clause (ii), unless such item is;(3)in clause (ii)(II), by striking a list of items to which this subparagraph applies and inserting a list of items for purposes of clause (i);(4)in clause (iii)(III), by striking to provide or manage the provision of prosthetics and custom-designed or -fabricated orthotics and inserting to provide or manage the provision of orthotics and prosthetics (and custom-designed or -fabricated orthotics, in the case of an item described in clause (ii)); and(5)by adding at the end the following new clause:(v)Exemption of off-the-shelf orthotics included in a competitive acquisition programThis subparagraph shall not apply to an item of orthotics described in paragraph (2)(C) of section 1847(a) furnished on or after January 1, 2014, that is included in a competitive acquisition program in a competitive acquisition area under such section..(b)Effective dateThe amendments made by subsection (a) shall apply to orthotics and prosthetics furnished on or after January 1, 2014.4.Eligibility for medicare payment for orthotics and prosthetics based on supplier qualifications and complexity of careSection 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)) is amended—(1)in paragraph (1)(F)(iii), in the matter preceding subclause (I), by striking other individual who and inserting other individual who, with respect to a category of orthotics and prosthetics care described in clause (i), (ii), (iii), (iv), or (v) of paragraph (5)(C) furnished on or after January 1, 2014, and subject to paragraph (5)(A), satisfies all applicable criteria of the supplier qualification designation for such category described in the respective clause, and who;(2)in paragraph (1)(F)(iv), by inserting before the period the following: and, with respect to a category of orthotics and prosthetics care described in clause (i), (ii), (iii), (iv), or (v) of paragraph (5)(C) furnished on or after January 1, 2014, and subject to paragraph (5)(A), satisfies all applicable criteria of the provider qualification designation for such category described in the respective clause; and(3)by adding at the end the following new paragraph:(5)Eligibility for payment based on supplier qualifications and complexity of care(A)Considerations for eligibility for payments(i)In generalIn applying clauses (iii) and (iv) of paragraph (1)(F) for purposes of determining whether payment may be made under this subsection for orthotics and prosthetics furnished on or after January 1, 2014, the Secretary shall take into account the complexity of the respective item and, subject to clauses (ii), (iii), and (iv), the qualifications of the individual or entity furnishing and fabricating such respective item in accordance with this paragraph.(ii)Individual and entities exempted from supplier qualification designation criteriaWith respect to an item of orthotics or prosthetics described in clause (ii), (iii), (iv) or (v) of subparagraph (C), any criteria for the supplier qualification designations under such respective clause, including application of subparagraph (D), shall not apply to physicians, occupational therapists, or physical therapists who are licensed or otherwise regulated by the State in which they are practicing and who receive payment under this title, including regulations promulgated pursuant to this subsection, for the provision of orthotics and prosthetics.(iii)Suppliers medicare-eligible prior to January 1, 2014, exemptedIn the case of a qualified supplier who is eligible to receive payment under this title before January 1, 2014—(I)with respect to an item of orthotics or prosthetics described in clause (i) of subparagraph (C), any criteria for the provider qualification designations under such clause, including application of subparagraph (D), shall not apply to such supplier, respectively, for the furnishing or fabrication of such an item so described; and(II)with respect to an item of orthotics or prosthetics described in clause (ii), (iii), or (iv) of subparagraph (C), any criteria for the supplier qualification designations under the respective clause (or a subsequent clause of such subparagraph), including application of subparagraph (D), shall not apply to such supplier, respectively, for the furnishing or fabrication of such an item described in such respective (or such subsequent) clause.(iv)Delayed application of certain supplier qualification designation criteriaThe supplier qualification designations under clauses (i), (ii), and (iii) of subparagraph (C), including the application of subparagraph (D) to such clauses, shall not be taken into account with respect to payment made under this subsection for orthotics and prosthetics furnished before January 1, 2015.(v)ModificationsThe Secretary shall, in consultation with the Boards and programs described in paragraph (1)(F)(iv), periodically review the criteria for the supplier qualification designation under subparagraph (C)(i)(III) and may implement by regulation any modifications to such criteria, as determined appropriate in accordance with such consultation. Any such modification shall take effect no earlier than January 1, 2016.(B)Assignment of billing codesFor purposes of subparagraph (A), the Secretary, in consultation with representatives of the fields of occupational therapy, physical therapy, orthotics, and prosthetics shall utilize and incorporate the set of L-codes listed, as of the date of the enactment of this paragraph, in the Centers for Medicare & Medicaid Services document entitled Transmittal 656 (CMS Pub. 100–04, Change Request 3959, August 19, 2005). Transmittal 656 shall be the controlling source of category, product, and code assignments for the orthotics and prosthetics care described in each of clauses (i) through (v) of subparagraph (C) using the supplier qualification designation for each HCPCS code as stated in such document. In the case that Transmittal 656 is updated, reissued, or replaced by a subsequent document, the previous sentence shall be applied with respect to the most recent update, reissuance, or replacement of such document.(C)Categories of orthotic and prosthetic care described(i)Custom-fabricated limb prosthetics categoryThe category of orthotic and prosthetic care described in this clause is a category for artificial legs and arms, including replacements (as described in section 1861(s)(9)) that are made from detailed measurements, images, or models in accordance with a prescription and that can only be utilized by a specific intended patient and for which payment is made under this part. The supplier qualification designation for the category shall reflect each of the following, in accordance with subparagraph (D):(I)The category of care involves the highest level of complexity with substantial clinical risk.(II)The category of care requires a supplier who satisfies any of the education requirements described in subclause (III), has completed a prosthetic residency accredited by the National Commission on Orthotic and Prosthetic Education (NCOPE), and is certified or licensed in prosthetics to ensure the comprehensive provision of prosthetic care.(III)The category of care requires a supplier who has completed any of the following education requirements:(aa)A bachelor’s degree or master’s degree in prosthetics as offered by educational institutions accredited by the Commission on Accreditation of Allied Health Education Programs.(bb)A bachelor’s degree, plus a certificate in prosthetics as offered by educational institutions accredited by the Commission on Accreditation of Allied Health Education Programs.(cc)A foreign degree determined by the World Education Service to be equivalent to an educational program in prosthetics accredited by the Commission on Accreditation of Allied Health Education Programs.(ii)Custom-fabricated orthotics categoryThe category of orthotics and prosthetics care described in this clause is a category for custom-fabricated orthotics that are made from detailed measurements, images, or models in accordance with a prescription and that can only be utilized by a specific intended patient. The supplier qualification designation for the category shall reflect the following, in accordance with subparagraph (D):(I)The category of care involves the highest level of complexity with substantial clinical risk.(II)The category of care requires a supplier who satisfies any of the education requirements described in clause (i)(III) (except that for purposes of this subclause such clause shall be applied by substituting the term orthotics each place the term prosthetics is used), has completed an orthotic residency accredited by the National Commission on Orthotic and Prosthetic Education, and is certified or licensed in orthotics to ensure the appropriate provision of orthotic care.(iii)Custom-fitted high orthotics categoryThe category of orthotic care described in this clause is a category for prefabricated orthotics that are manufactured with no specific patient in mind, but that are appropriately sized, adapted, modified, and configured (with the required tools and equipment) to a specific patient in accordance with a prescription. The supplier qualification designation for the category shall reflect the following, in accordance with subparagraph (D):(I)The category of care involves moderate to high complexity with substantial clinical risk.(II)The category of care requires a practitioner who either—(aa)satisfies any of the education requirements described in clause (i)(III), except that for purposes of this subclause such clause shall be applied by substituting the term orthotics each place the term prosthetics is used; or(bb)is certified or licensed in orthotics to ensure the appropriate provision of orthotic care within the practitioner’s normal scope of practice.(iv)Custom-fitted low orthotics categoryThe category of orthotics and prosthetics care described in this clause is a category for prefabricated orthotics that are manufactured with no specific patient in mind, but that are appropriately sized and adjusted to a specific patient in accordance with a prescription. The supplier qualification designation for the category shall reflect the following:(I)The category of care involves a low level of complexity and low clinical risk.(II)The category of care requires a supplier that is certified or licensed within a limited scope of practice to ensure appropriate provision of orthotic care. The supplier’s education and training shall ensure that basic clinical knowledge and technical expertise is available to confirm successful fit and device compliance with the prescription.(v)Off-the-shelfThe category of orthotic care described in this clause is described in section 1847(a)(2)(C). The supplier qualification designation for the category shall reflect that no formal credentialing, clinical education, or technical training is required to dispense such items.(D)Care based on sound clinical judgment and technical expertiseCare described in clauses (i), (ii), and (iii) of subparagraph (C) shall be based on sound clinical judgment and technical expertise based on the supplier’s education and clinical training, in order to allow the practitioner to determine—(i)with respect to care described in clause (i) or (ii) of subparagraph (C), the device parameters and design, fabrication process, and functional purpose specific to the needs of the patient to maximize optimal clinical outcomes; and(ii)with respect to care described in clause (iii) of such subparagraph, the appropriate device relative to the diagnosis and specific to the needs of the patient to maximize optimal clinical outcomes..5.ConsultationIn implementing the provisions of, and amendments made by, this Act, the Secretary of Health and Human Services shall consult with appropriate experts in orthotics and prosthetics, including suppliers that furnish items within the categories of orthotic and prosthetic care described in paragraph (5)(C) of section 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)), as added by section 4.6.Reports(a)Report on enforcing new licensing and accreditation requirementsNot later than 18 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the steps taken by the Department of Health and Human Services to ensure that the State licensure and accreditation requirements under section 1834(h)(1)(F) of the Social Security Act (42 U.S.C. 1395m(h)(1)(F)), as amended by section 3, are enforced. Such report shall include a determination of the extent to which payments for orthotics and prosthetics under the Medicare program under title XVIII of such Act are made only to those suppliers that meet the relevant accreditation and licensure requirements under such section and a determination of whether additional steps are needed.(b)Report on fraud and abuseNot later than 30 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall submit to Congress a report on the effect of the requirements under subsection (a)(20)(B)(ii) of section 1834 of the Social Security Act (42 U.S.C. 1395m), as added by section 2, and subsection (h)(1)(F) of such section, as amended by section 3, on the occurrence of fraud and abuse under the Medicare program under title XVIII of such Act, with respect to orthotics and prosthetics for which payment is made under such program.7.Reduction in medicare spending(a)Projection of cumulative effect on spendingNot later than December 31, 2014, the Secretary of Health and Human Services (in this section referred to as the Secretary), acting through the Chief Actuary of the Centers for Medicare & Medicaid Services (in this section referred to as the Chief Actuary), shall submit to Congress, and have published in the Federal Register, a projection of the effect on cumulative Federal spending under part B of title XVIII of the Social Security Act for the period of years 2014 through 2018 as a result of the implementation of the provisions of, and amendments made by, this Act.(b)Strengthening standards applicable if savings not achieved(1)In generalSubject to paragraph (2), if the Chief Actuary projects under subsection (a) that the implementation of the provisions of, and amendments made by, this Act will not result in a cumulative reduction in spending under such part of at least $250,000,000 for the period of years 2014 through 2018 (using a 2013 baseline), the Secretary shall, in accordance with the Chief Actuary’s projection, issue an interim final regulation (to take effect for 2015 and subsequent years) with a period for public comment on such regulation after the date of publication to strengthen the licensure, accreditation, and quality standards applicable to suppliers of orthotics and prosthetics under title XVIII of the Social Security Act, including such standards described in subsections (a)(20) and (h)(1)(F) of section 1834 of such Act (42 U.S.C. 1395m), as amended by this Act, in order to produce such cumulative reduction by December 31, 2018.(2)ExceptionThe interim final regulation issued under paragraph (1) shall not apply to a qualified physical therapist or qualified occupational therapist (as described in section 1834(h)(1)(F)(iii) of the Social Security Act (42 U.S.C. 1395m(h)(1)(F)(iii))).8.No effect on payment basis for orthotics and prosthetics or competitive bidding programsNothing in the provisions of, or amendments made by, this Act shall have any effect on—(1)the determination of the payment basis for orthotics and prosthetics under section 1834(h) of the Social Security Act (42 U.S.C. 1395m(h)); or(2)the implementation of competitive acquisition programs under section 1847 of such Act (42 U.S.C. 1395w–3), including such implementation with respect to off-the-shelf orthotics described in subsection (a)(2)(C) of that section, that are included in a competitive acquisition program in a competitive acquisition area under that section.


115 S3088 IS: Energy Jobs for our Heroes Act of 2018
U.S. Senate
2018-06-19
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.

II115th CONGRESS2d SessionS. 3088IN THE SENATE OF THE UNITED STATESJune 19, 2018Mr. Durbin (for Ms. Duckworth (for herself, Mr. Graham, and Mr. Bennet)) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the Energy Policy Act of 2005 to require the Secretary of Energy to establish a program to
			 prepare veterans for careers in the energy industry, including the solar,
			 wind, cybersecurity, and other low-carbon emissions sectors or
			 zero-emissions sectors of the energy industry, and for other purposes.

 1.Short titleThis Act may be cited as the Energy Jobs for our Heroes Act of 2018.
 2.Energy-Ready Vets ProgramTitle XI of the Energy Policy Act of 2005 (42 U.S.C. 16411 et seq.) is amended by adding at the end the following:

				1107.Energy-Ready Vets Program
 (a)PurposeThe purpose of this section is to ensure that veterans have the credentials and training necessary to secure careers in the energy industry.
 (b)DefinitionsIn this section: (1)Active military, naval, or air serviceThe term active military, naval, or air service has the meaning given such term in section 101 of title 38, United States Code.
 (2)Eligible participantThe term eligible participant means a veteran who— (A)was discharged or released from service in the active military, naval, or air service during the most recent 1-year period; or
 (B)(i)was discharged or released from service in the active military, naval, or air service during the 2-year period immediately preceding the most recent 1-year period; and
 (ii)receives the approval of the Secretary to participate in the program. (3)ProgramThe term program means the Energy-Ready Vets Program established under subsection (c)(1).
 (4)Uniformed servicesThe term uniformed services has the meaning given such term in section 10(a) of title 10, United States Code. (5)VeteranThe term veteran has the meaning given such term in section 101 of title 38, United States Code.
						(c)Establishment; implementation
 (1)EstablishmentThe Secretary shall establish a program, to be known as the Energy-Ready Vets Program, to prepare eligible participants for careers in the energy industry. (2)ImplementationThe Secretary shall ensure that the program is implemented by an administrator, to be appointed by the Secretary from among individuals with experience relating to military service.
						(d)Administration of program
 (1)In generalThe Secretary, in partnership with the Secretary of Defense, shall carry out the program through the SkillBridge program of the Department of Defense, under which the Secretary shall provide standardized training courses, based, to the maximum extent practicable, on existing industry-recognized certification and training programs, to prepare eligible participants in the program for careers in the energy industry, including—
 (A)in the solar energy industry, careers— (i)as solar photovoltaic system installers;
 (ii)as solar technicians; (iii)as system inspectors; and
 (iv)in other areas relating to the solar energy industry; (B)in the wind energy industry, careers—
 (i)in wind energy operations; (ii)in wind energy development;
 (iii)in wind energy manufacturing; (iv)as wind energy technicians;
 (v)in the support of all parts of the wind energy supply chain; and (vi)in other areas relating to the wind energy industry;
 (C)in the cybersecurity sector of the energy industry, careers in— (i)cybersecurity preparedness;
 (ii)cyber incident response and recovery; (iii)grid modernization, security, and maintenance;
 (iv)resilience planning; and (v)other areas relating to the cybersecurity sector of the energy industry;
 (D)careers in other low-carbon emissions sectors or zero-emissions sectors of the energy industry identified by the Secretary; and
 (E)careers in sectors that plan, develop, construct, maintain, and expand energy industry infrastructure.
							(2)Program requirements
 (A)In generalIn carrying out the program, the Secretary shall ensure that the courses described in paragraph (1)—
 (i)provide— (I)job training;
 (II)employment skills training, including providing comprehensive wraparound support services to eligible participants that—
 (aa)enhance the training experience and promote the professional development of eligible participants; and
 (bb)help eligible participants transition into the workforce; and (III)opportunities for internships of not longer than 180 days; and
 (ii)are carried out primarily through— (I)internships; or
 (II)applied, work-based training. (B)Exam requirementAs a requirement for completing a course described in paragraph (1), the Secretary shall require each eligible participant in the course to earn an applicable industry-recognized entry-level certificate or other credential.
 (e)Recognition of entitiesThe Secretary and the administrator of the program appointed under subsection (c)(2), working jointly, shall establish and carry out a program to recognize commercial entities that hire eligible participants who receive certifications or other credentials under the program, based on the proportion that—
 (1)the number of such eligible participants hired by the commercial entity; bears to (2)the number of such eligible participants hired by all commercial entities.
						(f)Establishment of industry-Recognized certification and training programs
 (1)In generalFor purposes of subsection (d), if an appropriate industry-recognized certification and training program does not exist, the Secretary shall establish a grant program to assist the industry in developing such an industry-recognized certification and training program.
 (2)FundingOut of the amounts made available under subsection (g)(1), the Secretary shall use such sums as are necessary to carry out paragraph (1).
						(g)Funding
 (1)Authorization of appropriationsThere are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
						(2)Allocation of funding
 (A)In generalSubject to subparagraph (B), the Secretary shall allocate to each facility of the Department of Defense participating in the program an amount based on a percentage of how many participants enroll in courses at the facility.
 (B)ApplicationsA facility of the Department of Defense participating in the program and desiring funding under subparagraph (A) shall annually submit an application for such funding.
 (h)ReportNot later than 1 year after the date on which the program is established, and annually thereafter, the Secretary shall submit to Congress a report describing the activities carried out under, and accomplishments of, the program..


		II
		110th CONGRESS
		1st Session
		S. 1486
		IN THE SENATE OF THE UNITED STATES

			May 24, 2007
			Mr. Dorgan (for himself
			 and Mr. Grassley) introduced the
			 following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To amend the Food Security Act of 1985 to restore
		  integrity to and strengthen payment limitation rules for commodity payments and
		  benefits.

		1.Short
			 titleThis Act may be cited as
			 the Rural America Preservation Act of
			 2007.
		2.Payment
			 limitationsSection 1001 of
			 the Food Security of 1985 (7 U.S.C. 1308) is amended—
			(1)in subsection
			 (a)—
				(A)by striking
			 paragraphs (1) and (2) and inserting the following:

						(1)Entity
							(A)In
				generalThe term entity means—
								(i)an organization
				that (subject to the requirements of this section and section 1001A) is
				eligible to receive a payment under a provision of law referred to in
				subsection (b) or (c);
								(ii)a corporation,
				joint stock company, association, limited partnership, limited liability
				company, limited liability partnership, charitable organization, grantor of a
				revocable trust, or other similar entity (as determined by the Secretary);
				and
								(iii)an organization
				that is participating in a farming operation as a partner in a general
				partnership or as a participant in a joint venture.
								(B)ExclusionThe
				term entity does not include a general partnership or joint
				venture.
							(2)IndividualThe
				term individual means—
							(A)a natural person,
				and any minor child of the natural person (as determined by the Secretary),
				who, subject to the requirements of this section and section 1001A, is eligible
				to receive a payment under a provision of law referred to in subsection (b),
				(c), or (d); and
							(B)a natural person
				participating in a farming operation as a partner in a general partnership, a
				participant in a joint venture, a grantor of a revocable trust, or a
				participant in a similar entity (as determined by the
				Secretary).
							;
				(2)by striking
			 subsection (b) and inserting the following:

					(b)Limitation on
				direct paymentsThe total amount of direct payments that an
				individual or entity may receive, directly or indirectly, during any crop year
				under subtitle A or C of title I of the Farm Security and Rural Investment Act
				of 2002 (7 U.S.C. 7911 et seq.) for 1 or more covered commodities or peanuts
				shall not exceed
				$20,000.
					;
			(3)by striking
			 subsection (c) and inserting the following:

					(c)Limitation on
				counter-cyclical paymentsThe total amount of counter-cyclical
				payments that an individual or entity may receive, directly or indirectly,
				during any crop year under subtitle A or C of title I of the Farm Security and
				Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.) for 1 or more covered
				commodities or peanuts shall not exceed
				$30,000.
					;
			(4)by striking
			 subsection (d) and inserting the following:

					(d)Limitations on
				marketing loan gains, loan deficiency payments, and commodity certificate
				transactionsThe total amount of the following gains and payments
				that an individual or entity may receive during any crop year may not exceed
				$75,000:
						(1)(A)Any gain realized by a
				producer from repaying a marketing assistance loan for 1 or more loan
				commodities under subtitle B of title I of the Farm Security and Rural
				Investment Act of 2002 (7 U.S.C. 7931 et seq.) at a lower level than the
				original loan rate established for the loan commodity under that
				subtitle.
							(B)In the case of settlement of a
				marketing assistance loan for 1 or more loan commodities under that subtitle by
				forfeiture, the amount by which the loan amount exceeds the repayment amount
				for the loan if the loan had been settled by repayment instead of
				forfeiture.
							(2)Any loan
				deficiency payments received for 1 or more loan commodities under that
				subtitle.
						(3)Any gain realized
				from the use of a commodity certificate issued by the Commodity Credit
				Corporation for 1 or more loan commodities, as determined by the Secretary,
				including the use of a certificate for the settlement of a marketing assistance
				loan made under that subtitle or section 1307 of that Act (7 U.S.C.
				7957).
						;
			(5)by striking
			 subsection (e);
			(6)by redesignating
			 subsections (f) and (g) as subsections (h) and (i), respectively; and
			(7)by inserting
			 after subsection (d) the following:

					(e)Payments to
				individuals and entities
						(1)Interests
				within same entityAny individual or entity that is an owner of
				an entity, including a shareholder, may not collectively receive payments,
				directly or indirectly, that are attributable to the ownership interest in the
				entity for a crop year that exceed an amount equal to twice the applicable
				dollar amounts specified in subsections (b), (c), and (d).
						(2)All
				interestsAn individual or entity may not receive, directly or
				indirectly, through all ownership interests of the individual or entity, from
				all sources, payments for a crop year that exceed an amount equal to the twice
				the applicable dollar amounts specified in subsections (b), (c), and
				(d).
						(f)Single farming
				operation
						(1)In
				generalNotwithstanding subsections (b) through (d), subject to
				paragraph (2), if an individual or entity participates only in a single farming
				operation and receives, directly or indirectly, any payment or gain covered by
				this section through the farming operation, the total amount of payments or
				gains (as applicable) covered by this section that the individual or entity may
				receive during any crop year shall not exceed an amount equal to twice the
				applicable dollar amounts specified in subsections (b), (c), and (d).
						(2)IndividualsThe
				total amount of payments or gains (as applicable) covered by this section that
				an individual may receive during any crop year may not exceed $250,000.
						(g)Spousal
				equity
						(1)In
				generalNotwithstanding subsections (b) through (d), except as
				provided in paragraph (2), if an individual and the spouse of the individual
				are covered by paragraph (2) and receive, directly or indirectly, any payment
				or gain covered by this section, the total amount of payments or gains (as
				applicable) covered by this section that the individual and spouse may jointly
				receive during any crop year may not exceed an amount equal to twice the
				applicable dollar amounts specified in subsections (b), (c), and (d).
						(2)Exceptions
							(A)Separate
				farming operationsIn the case of a married couple in which each
				spouse, before the marriage, was separately engaged in an unrelated farming
				operation, each spouse shall be treated as a separate individual with respect
				to a farming operation brought into the marriage by a spouse, subject to the
				condition that the farming operation shall remain a separate farming operation,
				as determined by the Secretary.
							(B)Election to
				receive separate paymentsA married couple may elect to receive
				payments separately in the name of each spouse if the total amount of payments
				and benefits described in subsections (b), (c), and (d) that the married couple
				receives, directly or indirectly, does not exceed an amount equal to twice the
				applicable dollar amounts specified in those
				subsections.
							.
			3.Substantive
			 change; payments limited to active farmersSection 1001A of the Food Security Act of
			 1985 (7 U.S.C. 1308–1) is amended—
			(1)by striking the
			 section designation and heading and all that follows through the end of
			 subsection (a) and inserting the following:

					1001A.Substantive
				change; payments limited to active farmers
						(a)Substantive
				change
							(1)In
				generalFor purposes of the application of limitations under this
				section, the Secretary shall not approve any change in a farming operation that
				otherwise would increase the number of individuals or entities (as defined in
				section 1001(a)) to which the limitations under this section apply, unless the
				Secretary determines that the change is bona fide and substantive.
							(2)Family
				membersFor the purpose of paragraph (1), the addition of a
				family member (as defined in subsection (b)(2)(A)) to a farming operation under
				the criteria established under subsection (b)(3)(B) shall be considered to be a
				bona fide and substantive change in the farming operation.
							(3)Primary
				controlTo prevent a farm from reorganizing in a manner that is
				inconsistent with the purposes of this Act, the Secretary shall promulgate such
				regulations as the Secretary determines to be necessary to attribute payments
				for a farming operation to the individual or entity that exercises primary
				control over the farming operation, including to respond to—
								(A)(i)any instance in which
				ownership of a farming operation is transferred to an individual or entity
				under an arrangement that provides for the sale or exchange of any asset or
				ownership interest in 1 or more entities at less than fair market value;
				and
									(ii)the transferor is provided
				preferential rights to repurchase the asset or interest at less than fair
				market value; or
									(B)a sale or
				exchange of any asset or ownership interest in 1 or more entities under a
				financing arrangement under which—
									(i)financing is
				provided by the transferor; and
									(ii)the right to
				exercise control over the asset or interest is conveyed, directly or
				indirectly.
									;
			(2)in subsection
			 (b)—
				(A)by striking
			 paragraph (1) and inserting the following:

						(1)In
				generalTo be eligible to receive, directly or indirectly,
				payments or benefits described as being subject to limitation in subsection (b)
				or (c) of section 1001 with respect to a particular farming operation, an
				individual or entity (as defined in section 1001(a)) shall be actively engaged
				in farming with respect to the farming operation, in accordance with paragraphs
				(2), (3), and
				(4).
						;
				(B)in paragraph
			 (2)—
					(i)by
			 striking subparagraphs (A) and (B) and inserting the following:

							(A)DefinitionsIn
				this paragraph:
								(i)Active personal
				managementThe term active personal management
				means, with respect to an individual, administrative duties carried out by the
				individual for a farming operation—
									(I)that are
				personally provided by the individual on a regular, substantial, and continuing
				basis; and
									(II)relating to the
				supervision and direction of—
										(aa)activities and
				labor involved in the farming operation; and
										(bb)onsite services
				directly related and necessary to the farming operation.
										(ii)Family
				memberThe term family member, with respect to an
				individual participating in a farming operation, means an individual who is
				related to the individual as a lineal ancestor, a lineal descendant, or a
				sibling (including a spouse of such an individual).
								(B)Active
				engagementExcept as provided in paragraph (3), for purposes of
				paragraph (1), the following shall apply:
								(i)An individual
				shall be considered to be actively engaged in farming with respect to a farming
				operation if—
									(I)the individual
				makes a significant contribution, as determined under subparagraph (E) (based
				on the total value of the farming operation), to the farming operation
				of—
										(aa)capital,
				equipment, or land; and
										(bb)personal labor
				and active personal management;
										(II)the share of the
				individual of the profits or losses from the farming operation is commensurate
				with the contributions of the individual to the operation; and
									(III)a contribution
				of the individual is at risk.
									(ii)An entity shall
				shall be considered to be actively engaged in farming with respect to a farming
				operation if—
									(I)the entity makes
				a significant contribution, as determined under subparagraph (E) (based on the
				total value of the farming operation), to the farming operation of capital,
				equipment, or land;
									(II)(aa)the stockholders or
				members that collectively own at least 50 percent of the combined beneficial
				interest in the entity each make a significant contribution of personal labor
				and active personal management to the operation; or
										(bb)in the case of an entity in which all
				of the beneficial interests are held by family members, any stockholder or
				member (or household comprised of a stockholder or member and the spouse of the
				stockholder or member) who owns at least 10 percent of the beneficial interest
				in the entity makes a significant contribution of personal labor or active
				personal management; and
										(III)the entity
				meets the requirements of subclauses (II) and (III) of clause
				(i).
									;
					(ii)in
			 subparagraph (C), by striking clauses (ii) and (iii) of paragraph
			 (A) and inserting subclauses (II) and (III) of subparagraph
			 (B)(i); and
					(iii)by adding at
			 the end the following:

							(E)Significant
				contribution of personal labor or active personal management
								(i)In
				generalSubject to clause (ii), for purposes of subparagraph (B),
				an individual shall be considered to be providing, on behalf of the individual
				or an entity, a significant contribution of personal labor or active personal
				management, if the total contribution of personal labor and active personal
				management is at least equal to the lesser of—
									(I)1,000 hours;
				and
									(II)a period of time
				equal to—
										(aa)50
				percent of the commensurate share of the total number of hours of personal
				labor and active personal management required to conduct the farming operation;
				or
										(bb)in
				the case of a stockholder or member (or household comprised of a stockholder or
				member and the spouse of the stockholder or member) that owns at least 10
				percent of the beneficial interest in an entity in which all of the beneficial
				interests are held by family members, 50 percent of the commensurate share of
				hours of the personal labor and active personal management of all family
				members required to conduct the farming operation.
										(ii)Minimum labor
				hoursFor the purpose of clause (i), the minimum number of labor
				hours required to produce a commodity shall be equal to the number of hours
				that would be necessary to conduct a farming operation for the production of
				each commodity that is comparable in size to the commensurate share of an
				individual or entity in the farming operation for the production of the
				commodity, based on the minimum number of hours per acre required to produce
				the commodity in the State in which the farming operation is located, as
				determined by the
				Secretary.
								;
					(C)in paragraph
			 (3)—
					(i)by
			 striking subparagraph (A) and inserting the following:

							(A)LandownersAn
				individual or entity that is a landowner contributing owned land, and that
				meets the requirements of subclauses (II) and (III) of paragraph (2)(B)(i), if,
				as determined by the Secretary—
								(i)the landowner
				share-rents the land at a rate that is usual and customary; and
								(ii)the share
				received by the landowner is commensurate with the share of the crop or income
				received as
				rent.
								;
					(ii)in
			 subparagraph (B)—
						(I)in the first
			 sentence—
							(aa)by
			 striking persons and inserting an individual or
			 entity; and
							(bb)by
			 striking standards provided in clauses (ii) and (iii) of paragraph
			 (2)(A) and inserting requirements of subclauses (II) and (III)
			 of paragraph (2)(B)(i); and
							(II)by striking the
			 second sentence; and
						(iii)in subparagraph
			 (C), by striking standards provided in clauses (ii) and (iii) of
			 paragraph (2)(A) and inserting requirements of subclauses (II)
			 and (III) of paragraph (2)(B)(i);
					(D)in paragraph
			 (4)—
					(i)in
			 the paragraph heading, by striking Persons and inserting
			 Individuals and
			 entities;
					(ii)in
			 the matter preceding subparagraph (A), by striking persons and
			 inserting individuals and entities; and
					(iii)by striking
			 subparagraph (B) and inserting the following:

							(B)Other
				individuals and entitiesAny other individual or entity, or class
				of individuals or entities, that fails to meet the requirements of paragraphs
				(2) and (3), as determined by the
				Secretary.
							;
					(E)by redesignating
			 paragraphs (5) and (6) as paragraphs (6) and (7), respectively;
				(F)by inserting
			 after paragraph (4) the following:

						(5)Personal labor
				and active personal managementNo stockholder or member may
				provide personal labor or active personal management to meet the requirements
				of this subsection for any individual or entity that collectively receives,
				directly or indirectly, an amount equal to more than twice the applicable
				limits under subsections (b), (c), and (d) of section
				1001.
						;
				and
				(G)in paragraph (6)
			 (as redesignated by subparagraph (E))—
					(i)in
			 the first sentence—
						(I)by striking
			 A person and inserting An individual or entity;
			 and
						(II)by striking
			 such person and inserting the individual or
			 entity; and
						(ii)by
			 striking the second sentence; and
					(3)by adding at the
			 end the following:

					(c)Notification by
				entitiesTo facilitate the administration of this section, each
				entity that receives payments or benefits described as being subject to
				limitation in subsection (b), (c), or (d) of section 1001 with respect to a
				particular farming operation shall—
						(1)notify each
				individual or other entity that acquires or holds a beneficial interest in the
				farming operation of the requirements and limitations under this section;
				and
						(2)provide to the
				Secretary, at such times and in such manner as may the Secretary may require,
				the name and social security number of each individual, or the name and
				taxpayer identification number of each entity, that holds or acquires such a
				beneficial
				interest.
						.
			4.Schemes or
			 devicesSection 1001B of the
			 Food Security Act of 1985 (7 U.S.C. 1308–2) is amended—
			(1)by inserting
			 (a) In
			 general.— before If;
			(2)in subsection (a)
			 (as designated by paragraph (1)), by striking person each place
			 it appears and inserting individual or entity; and
			(3)by adding at the
			 end the following:

					(b)FraudIf
				fraud is committed by an individual or entity in connection with a scheme or
				device to evade, or that has the purpose of evading, section 1001, 1001A, or
				1001C, the individual or entity shall be ineligible to receive farm program
				payments described as being subject to limitation in subsection (b), (c), or
				(d) of section 1001 for—
						(1)the crop year for
				which the scheme or device is adopted; and
						(2)the succeeding 5
				crop
				years.
						.
			5.Foreign
			 individuals and entities made ineligible for program benefitsSection 1001C of the Food Security Act of
			 1985 (7 U.S.C. 1308–3) is amended—
			(1)in the section
			 heading, by striking persons and inserting
			 individuals and
			 entities;
			(2)in subsection (a), by striking
			 person each place it appears and inserting
			 individual; and
			(3)in subsection
			 (b)—
				(A)in the subsection
			 heading, by striking corporation or other; and
				(B)by striking
			 a corporation or other entity and inserting an
			 entity.
				6.Sense of the
			 SenateIt is the sense of the
			 Senate that any savings achieved as a result of the amendments made by this Act
			 should be used to establish a permanent agricultural disaster relief
			 program.
		7.Regulations
			(a)In
			 generalThe Secretary of Agriculture may promulgate such
			 regulations as are necessary to implement this Act and the amendments made by
			 this Act.
			(b)ProcedureThe
			 promulgation of the regulations and administration of this Act and the
			 amendments made by this Act shall be made without regard to—
				(1)the notice and
			 comment provisions of section 553 of title 5, United States Code;
				(2)the Statement of
			 Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg.
			 13804), relating to notices of proposed rulemaking and public participation in
			 rulemaking; and
				(3)chapter 35 of
			 title 44, United States Code (commonly known as the Paperwork Reduction
			 Act).
				(c)Congressional
			 review of agency rulemakingIn carrying out this section, the
			 Secretary shall use the authority provided under section 808 of title 5, United
			 States Code.