113 S2682 IS: Made in the U.S.A. Act
U.S. Senate
2014-07-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS2d Session
		S. 2682
		IN THE SENATE OF THE UNITED STATES

			July 29, 2014
			Mr. Pryor (for himself and Mr. Walsh) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To require certain Federal agencies to use iron, steel, wood products, cement and manufactured
			 goods produced in the United States in public construction projects, to
			 permanently
		  extend the Build America Bonds program, to ensure that transportation and
			 infrastructure projects
		  carried out using Federal financial assistance are constructed with steel,
		  iron, and manufactured goods that are produced in the United States, and for
		  other purposes.

		1.Short titleThis Act may be cited as the Made in the U.S.A. Act.2.Buy American
			(a)In
			 generalNotwithstanding any other provision of law, except for the Trade Agreements Act of 1979 (19 U.S.C.
			 2501 et seq.), the head of a
			 Federal agency may not obligate or expend funds appropriated to
			 the
			 agency, or provide financial assistance using funds appropriated to the
			 agency,
			 for a project for the construction, alteration, maintenance, or repair of
			 a
			 public building or public work unless substantially all of the  iron,
			 steel, wood
			 products, cement, and manufactured goods used in
			 the
			 project are produced in the United States.(b)WaiverThe
			 head of a Federal agency may waive the provisions of subsection (a) with
			 respect to such
			 if he or she determines that—
				(1)the application
			 of such provisions would be inconsistent with the public interest;
				(2)iron, steel, wood products, cement, and manufactured goods are
			 not produced in the United States in sufficient and reasonably available
			 quantities and of a satisfactory quality; or(3)inclusion of  iron, steel, wood products, cement, and manufactured goods produced in the United
			 States will increase the project schedule or total cost of
			 the
			 project by more than 25 percent (or by more than 50 percent for Department
			 of Defense projects).(c)Waiver requirements(1)Detailed justification in federal registerIf the head of	a Federal agency issues a waiver under subsection (b), he or she shall
			 publish a detailed
			 justification for such waiver in the Federal Register.(2)Annual
			 reportNot later than 2 years after the date of the enactment of
			 this Act, and annually thereafter, in any year that the head of a Federal
			 agency
			  issues a waiver under subsection (b), the agency head shall
			 submit a report to Congress that—(A)specifies each project with respect to which the agency head issued a waiver under subsection (b)
			 during the preceding calendar year;(B)identifies the country of origin and product specifications for steel, iron, wood products, cement
			 or manufactured goods acquired pursuant to each waiver issued by the
			 agency head under subsection (b) during the preceding calendar year;(C)summarizes the monetary value of contracts awarded pursuant to each such waiver;(D)summarizes the funds expended on—(i)steel, iron, wood products, cement, and manufactured goods produced in the United States for
			 projects with respect to which the requirement under this
			 section applied during the preceding calendar year; and(ii)steel, iron, wood products, cement, and manufactured goods produced outside the United States for
			 projects with respect to which the agency head issued a waiver under
			 subsection (b)(1) during the preceding calendar year; and(E)provides an employment impact analysis of the cumulative effect of all waivers issued by the agency
			 head under subsection (b) during the preceding calendar year on
			 manufacturing employment in the United States.(d)Excepted itemsThis section shall not apply to articles, materials, or supplies—(1)for use outside the United States (as described in sections 8302(a)(2)(A) and 8303(b)(1)(A));(2)below the micro-purchase threshold under section 1902 of title 41, United States Code;(3)including information technology that is a commercial item (as described in section 25.103(e) of
			 title 48, Code of Federal Regulations); or(4)for commissary resale (as described in section 25.103(d) of title 48, Code of Federal Regulations).(e)Relationship to
			 State requirementsThe head of a Federal agency may not
			 impose any limitation or condition on financial assistance provided using
			 funds
			 appropriated to the agency that—(1)restricts any State from imposing more
			 stringent requirements than the requirements under this section on the use
			 of  iron, steel, wood products, cement, and manufactured goods in
			 foreign countries in projects carried out with such assistance; or(2)restricts any
			 recipient of such assistance from complying with such State requirements.
				(f)Intentional
			 violationsA person
			 shall be ineligible to receive any contract or subcontract made with funds
			 authorized to be appropriated to a Federal agency pursuant to the
			 debarment,
			 suspension, and ineligibility procedures in subpart 9.4 of chapter 1 of
			 title
			 48, Code of Federal Regulations, for a 6-year period beginning on the date
			 of a determination under this subsection, if a court or the Federal agency
			 determines that the person intentionally
			 represented that
			 any iron, steel, wood product, cement, or manufactured good used in
			 projects to which this section applies, sold in
			 or
			 shipped
			 to the United States that was not produced in the United States, was
			 produced
			 in the United States.(g)Application of
			 requirements to entire projectThe requirement under subsection (a) and the
			 exceptions specified in subsection (b) shall apply to the total of
			 obligations
			 and
			 expenditures for an entire project and not only to obligations and
			 expenditures
			 for component parts of such project.
			(h)DefinitionsIn this section, the terms
			 public building and public work—(1)have the meanings
			 given such terms in section 8301 of title 41, United States Code; and(2)include
			 airports, bridges, canals, dams, dikes, pipelines, railroads, multiline
			 mass
			 transit systems, roads, tunnels, harbors, and piers.
				(i)Effective
			 dateThis section shall apply to amounts appropriated or
			 otherwise
			 made available at least 1 year after the date of the enactment of this
			 Act.3.Permanent
			 Extension of Build America Bonds(a)Reduction in
			 bond holder credit percentageSection 54AA(b) of the Internal Revenue  Code of 1986 is
			 amended by striking 35 percent and inserting 28 percent
			 (35 percent in the case of bonds issued before January 1, 2011).(b)Permanent extensionSection 54AA(d)(1)(B) of such Code is amended by
			 inserting
			 or after the date of the enactment of the Made in the U.S.A. Act, after January 1, 2011,.(c)Qualified bond definedSection 54AA(g) of such Code
			 is amended by striking paragraph (2) and inserting the following:
				(2)Qualified bondFor purposes of this section, the term qualified bond—(A)means any build America bond issued as part of an issue if—(i)100 percent of the excess of—(I)the available project proceeds (as defined in section 54A) of such issue, over(II)the amounts in a reasonably required reserve (within the meaning of section 150(a)(3)) with respect
			 to such issue, are to be used for capital expenditures (including capital
			 expenditures for
			 levees and other flood control projects), and(ii)the issuer makes an irrevocable election to have this subsection apply;(B)includes any bond (or series of bonds) issued to refund a qualified
				bond if—(i)the average maturity date of the issue of
				which the refunding bond is a part is not later than the average
			 maturity date
				of the bonds to be refunded by such issue,
							(ii)the amount of the
				refunding bond does not exceed the outstanding amount of the
			 refunded bond,
				and
							(iii)the refunded
				bond is redeemed not later than 90 days after the date of the
			 issuance of the
				refunding bond,(C)includes any bond (or
				series of bonds) that is reasonably expected to be used for the
			 issuer’s
				operating expenses as long as the issue is limited to a maturity of
			 13 months
				or less, and(D)includes any bond (or series of bonds) that is a
				qualified 501(c)(3) bond (as defined in section
				145).(3)Additional purposes(A)In the case of a refunding bond referred to in
				paragraph (2)(B), the applicable percentage with respect to such
			 bond under
				section 6431(b) shall be the lowest percentage specified in
			 paragraph (2) of
				such section.
						(B)For purposes of paragraph (2)(B)(i), average
				maturity shall be determined in accordance with section
				147(b)(2)(A).(C)Subchapter IV of chapter 31 of title 40, United States Code, shall apply to projects financed with
			 the proceeds of any build America bond issued
			 after the date of the enactment of this paragraph..
			(d)Payments to
			 issuers
				(1)In
			 generalSection 6431 of such
			 Code is amended—
					(A)in subsection (a), by striking issued before January 1,
			 2011; and
					(B)in subsection (f)(1)(B), by striking
			 before January 1, 2011  and inserting
			 during a particular period.
					(2)Conforming
			 amendmentsSection 54AA(g) of such Code is
			 amended—(A)in the subsection heading, by striking
			 qualified bonds issued
			 before 2011  and inserting
			 certain qualified
			 bonds; and(B)in the matter preceding paragraph (1), by striking before January 1,
			 2011.(e)Reduction in
			 percentage of payments to issuersSection 6431(b) of such Code
			 is amended by striking 35 percent and inserting 28
			 percent (35 percent in the case of bonds issued before January 1,
			 2011).
			4.Federal-aid
			 highway Buy America provisions
			(a)In
			 generalSection 313 of title
			 23, United States Code, is amended to read as follows:

					313.Buy
				America
						(a)Domestic source
				requirement for steel, iron, and manufactured goods
							(1)In
				generalNotwithstanding any other provision of law, funds made
				available to carry out this title may not be obligated for a
			 project unless the
				steel, iron, and manufactured goods used for the project are
			 produced in the
				United States.
							(2)ScopeThe
				requirements under this section shall apply to all contracts for a
			 project
			 carried out
				within the scope of the applicable finding, determination, or
			 decision under
				the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
			 seq.),
				regardless of the funding source of such contracts, if at least 1
			 contract
				for the project is funded with amounts made available to carry out
			 this
				title.
							(b)Exceptions
							(1)Issuance of
				waiversThe Secretary may waive the requirements of subsection
				(a) only if the Secretary determines that—
								(A)applying
				subsection (a) would be inconsistent with the public interest, as
			 determined in
				accordance with the regulations issued under paragraph (2);
								(B)the steel, iron,
				or manufactured goods required for a project are not produced in
			 the United
				States—
									(i)in
				sufficient and reasonably available quantities; and
									(ii)of a satisfactory
				quality; or
									(C)the use of steel,
				iron, and manufactured goods produced in the United States for a
			 project will
				increase the project schedule or total cost of
			 the
			 project by more than 25 percent.
								(2)RulemakingThe Secretary shall issue regulations establishing the
			 criteria
				that the Secretary shall use to determine whether the application
			 of subsection
				(a) is inconsistent with the public interest for purposes of
			 paragraph
				(1)(A).
							(3)Labor
				costsFor purposes of this subsection, labor costs involved in
				final assembly shall not be included in calculating the cost of
				components.
							(4)Requests for
				waiversA recipient of assistance under this title seeking a
				waiver under paragraph (1) shall submit a request for such waiver
			 to the Secretary in such form and containing such information as the
			 Secretary may
				require.
							(c)Waiver
				requirements
							(1)Public
				notification of and opportunity for comment on request for a waiver
								(A)In
				generalIf the Secretary receives a request for a waiver under
				subsection (b), the Secretary shall provide notice of and an
			 opportunity for
				public comment on the request at least 30 days before making a
			 finding based on
				the request.
								(B)Notice
				requirementsA notice provided under subparagraph (A)—
									(i)shall include the
				information available to the Secretary concerning the request,
			 including
				whether the request is being made under subparagraph (A), (B), or
			 (C) of subsection (b)(1); and
									(ii)shall be provided by
				electronic means, including on the official public Internet website
			 of the
				Department of Transportation.
									(2)Detailed
				justification in Federal RegisterIf the Secretary issues a waiver under
				subsection (b), the Secretary shall publish in the Federal Register
			 a detailed
				justification for the waiver that—
								(A)addresses the
				public comments received under paragraph (1)(A); and
								(B)is published
				before the waiver takes effect.
								(d)State
				requirementsThe Secretary may not impose a limitation or
				condition on assistance provided under this title that restricts—
							(1)a State from
				imposing requirements that are more stringent than those imposed
			 under this
				section with respect to limiting the use of articles, materials, or
			 supplies
				mined, produced, or manufactured in foreign countries for projects
			 carried out
				with such assistance; or
							(2)any recipient of
				such assistance from complying with such State requirements.
							(e)Intentional
				violationsPursuant to procedures established under subpart 9.4
				of chapter 1 of title 48, Code of Federal Regulations, a person
			 shall be
				ineligible to receive a contract or subcontract funded with amounts
			 made
				available to carry out this title if the Secretary, the head of any
			 department,
				agency, or instrumentality of the United States, or a court
			 determines that
				such person intentionally—
							(1)affixed a label
				bearing a Made in America inscription, or any inscription with
				the same meaning, to any steel, iron, or manufactured goods that—
								(A)were used in a
				project to which this section applies; and
								(B)were not produced
				in the United States; or
								(2)represented that
				any steel, iron, or manufactured goods were produced in the United
			 States
				that—
								(A)were used in a
				project to which this section applies; and
								(B)were not produced
				in the United States.
								(f)Consistency with
				international agreements
							(1)In
				generalThis section shall be applied in a manner that is
				consistent with United States obligations under international
				agreements.
							(2)Treatment of
				foreign countries in violation of international agreementsThe
				Secretary shall prohibit the use of steel, iron, and manufactured
			 goods
				produced in a foreign country in a project funded with amounts made
			 available
				to carry out this title, including any project for which the
			 Secretary has
				issued a waiver under subsection (b), if the Secretary, in
			 consultation with
				the United States Trade Representative, determines that the foreign
			 country is
				in violation of the terms of an agreement with the United States by
				discriminating against steel, iron, or manufactured goods that are
			 produced in
				the United States and covered by the
				agreement.
							.
			(b)Review of
			 nationwide waivers
				(1)In
			 generalNot later than 1 year after the date of enactment of this
			 Act, and at least every 5 years thereafter, the Secretary of
			 Transportation
			 shall review each standing nationwide waiver issued under section 313 of
			 title
			 23, United States Code, to determine whether continuing such waiver is
			 necessary.
				(2)Public
			 notification of and opportunity for comment on review of standing
			 nationwide
			 waiversIn conducting a
			 review under paragraph (1), the Secretary shall provide notice of and an
			 opportunity for public comment on the review at least 30 days before
			 completing
			 the review.
				(3)Notice
			 requirementA notice provided
			 under paragraph (2) shall be provided by electronic means, including on
			 the
			 official public Internet website of the Department of Transportation.
				(4)Detailed
			 justification in Federal RegisterIf the Secretary finds it is necessary to
			 continue a standing nationwide waiver after a review under paragraph (1),
			 the
			 Secretary shall publish in the Federal Register a detailed justification
			 for
			 such waiver that addresses the public comments received under paragraph
			 (2).
				(c)Repeals
				(1)Waiver
			 notification and annual reportsSection 117 of the SAFETEA–LU Technical
			 Corrections Act of 2008 (23 U.S.C. 313 note) is repealed.
				(2)Notice and
			 public commentsSection 123
			 of title I of division A of the Consolidated Appropriations Act, 2010 (23
			 U.S.C. 313 note) is repealed.
				5.Public
			 transportation Buy America provisions
			(a)In
			 generalSection 5323(j) of
			 title 49, United States Code, is amended to read as follows:

					(j)Buy
				America
						(1)Domestic source
				requirement for steel, iron, and manufactured goods
							(A)In
				generalNotwithstanding any other provision of law, and except as
				provided in subparagraph (B), funds made available to carry out
			 this chapter
				may not be obligated for a project unless the steel, iron, and
			 manufactured
				goods used for the project are produced in the United States.
							(B)Special rules
				for rolling stockFunds made available to carry out this chapter
				may not be obligated for the procurement of rolling stock
			 (including train
				control, communication, traction power equipment, and rolling stock
			 prototypes)
				unless—
								(i)the cost of
				components and subcomponents produced in the United States—
									(I)for fiscal year
				2015 is more than 60 percent of the cost of all components of the
			 rolling
				stock;
									(II)for fiscal year
				2016 is more than 70 percent of the cost of all components of the
			 rolling
				stock;
									(III)for fiscal year
				2017 is more than 80 percent of the cost of all components of the
			 rolling
				stock;
									(IV)for fiscal year
				2018 is more than 90 percent of the cost of all components of the
			 rolling
				stock; and
									(V)for fiscal year
				2019, and each fiscal year thereafter, is 100 percent of the cost
			 of all
				components of the rolling stock; and
									(ii)final assembly of
				the rolling stock, including rolling stock prototypes, occurs in
			 the United
				States.
								(C)ScopeThe
				requirements under this subsection shall apply to all contracts for
			 a public
				transportation project carried out within the scope of the
			 applicable finding,
				determination, or decision under the National Environmental Policy
			 Act of 1969
				(42 U.S.C. 4321 et seq.), regardless of the funding source of such
			 contracts,
				if at least one contract for the public transportation project is
			 funded with
				amounts made available to carry out this chapter.
							(2)Exceptions
							(A)Issuance of
				waiversThe Secretary may waive the requirements of paragraph (1)
				only if the Secretary finds that—
								(i)applying paragraph
				(1) would be inconsistent with the public interest, as determined
			 in accordance
				with the regulations issued under subparagraph (B);
								(ii)the steel, iron,
				or manufactured goods required for a project are not produced in
			 the United
				States—
									(I)in sufficient and
				reasonably available quantities; and
									(II)of a satisfactory
				quality; or
									(iii)the use of
				steel, iron, and manufactured goods produced in the United States
			 for a project
				will
				increase the project schedule or total cost of
			 the
			 project by more than 25 percent.
								(B)RulemakingThe Secretary shall issue regulations establishing the
			 criteria
				that the Secretary shall use to determine whether the application
			 of paragraph
				(1) is inconsistent with the public interest for purposes of
			 subparagraph
				(A)(i).
							(C)Components of
				rolling stockIf the
				Secretary finds that a component of rolling stock is not produced
			 in the United
				States in sufficient and reasonably available quantities or to a
			 satisfactory
				quality, the Secretary may issue a waiver under subparagraph (A)
			 with respect
				to such component.
							(D)Labor
				costsFor purposes of this
				subsection, labor costs involved in final assembly shall not be
			 included in
				calculating the cost of components.
							(E)Requests for
				waiversA recipient of assistance under this chapter seeking a
				waiver under subparagraph (A) shall submit to the Secretary a
			 request for the
				waiver in such form and containing such information as the
			 Secretary may
				require.
							(3)Waiver
				requirements
							(A)Public
				notification of and opportunity for comment on request for a waiver
								(i)In
				generalIf the Secretary receives a request for a waiver under
				paragraph (2), the Secretary shall provide notice of and an
			 opportunity for
				public comment on the request at least 30 days before making a
			 finding based on
				the request.
								(ii)Notice
				requirementsA notice provided under clause (i) shall—
									(I)include the
				information available to the Secretary concerning the request,
			 including
				whether the request is being made under paragraph (2)(A)(i),
			 (2)(A)(ii), or
				(2)(A)(iii); and
									(II)be provided by
				electronic means, including on the official public Internet website
			 of the
				Department of Transportation.
									(B)Detailed
				justification in Federal RegisterIf the Secretary issues a waiver under
				paragraph (2), the Secretary shall publish in the Federal Register
			 a detailed
				justification for the waiver that—
								(i)addresses the
				public comments received under subparagraph (A)(i); and
								(ii)is published
				before the waiver takes effect.
								(4)State
				requirementsThe Secretary may not impose a limitation or
				condition on assistance provided under this chapter that restricts—
							(A)a State from
				imposing requirements that are more stringent than those imposed
			 under this
				subsection with respect to limiting the use of articles, materials,
			 or supplies
				mined, produced, or manufactured in foreign countries for projects
			 carried out
				with such assistance; or
							(B)any recipient of
				such assistance from complying with such State requirements.
							(5)Intentional
				violationsPursuant to procedures established under subpart 9.4
				of chapter 1 of title 48, Code of Federal Regulations, a person
			 shall be
				ineligible to receive a contract or subcontract funded with amounts
			 made
				available to carry out this chapter or any other law providing
			 Federal public
				transportation assistance if the Secretary, the head of any
			 department, agency,
				or instrumentality of the United States, or a court determines that
			 such person
				intentionally—
							(A)affixed a label
				bearing a Made in America inscription, or any inscription with
				the same meaning, to any steel, iron, or manufactured goods that—
								(i)were used in a
				project to which this subsection applies; and
								(ii)were not produced
				in the United States; or
								(B)represented that
				any steel, iron, or manufactured goods were produced in the United
			 States
				that—
								(i)were used in a
				project to which this subsection applies; and
								(ii)were not produced
				in the United States.
								(6)Consistency with
				international agreements
							(A)In
				generalThis subsection shall be applied in a manner that is
				consistent with United States obligations under international
				agreements.
							(B)Treatment of
				foreign countries in violation of international agreementsThe
				Secretary shall prohibit the use of steel, iron, and manufactured
			 goods
				produced in a foreign country in a project funded with amounts made
			 available
				to carry out this chapter or any other law providing Federal public
				transportation assistance, including any project for which the
			 Secretary has
				issued a waiver under paragraph (2), if the Secretary, in
			 consultation with the
				United States Trade Representative, determines that the foreign
			 country is in
				violation of the terms of an agreement with the United States by
			 discriminating
				against steel, iron, or manufactured goods that are produced in the
			 United
				States and covered by the agreement.
							(7)Opportunity to
				correct inadvertent errorThe Secretary may allow a manufacturer
				or supplier of steel, iron, or manufactured goods to correct after
			 bid opening
				an incomplete Buy America certificate or an incorrect certificate
			 of
				noncompliance (but not a failure to sign a certificate, a
			 submission of both a
				certificate of compliance and a certificate of noncompliance, or a
			 failure to
				submit any certificate) under this subsection if such manufacturer
			 or supplier
				attests under penalty of perjury that such manufacturer or supplier
			 submitted
				an incomplete or incorrect certificate as a result of an
			 inadvertent or
				clerical error. The burden of establishing inadvertent or clerical
			 error is on
				the manufacturer or
				supplier.
						.
			(b)Review of
			 general public interest waiversNot later than 1 year after the date of
			 enactment of this Act, and at least every 5 years thereafter, the
			 Secretary of
			 Transportation shall review the general public interest waivers described
			 in
			 subsection (b) of Appendix A of section 661.7 of title 49, Code of Federal
			 Regulations, to determine whether continuing such waivers is in the public
			 interest.
			6.Amtrak Buy
			 America provisions
			(a)In
			 generalSection 24305(f) of
			 title 49, United States Code, is amended to read as follows:

					(f)Buy
				America
						(1)Domestic source
				requirement for steel, iron, and manufactured goods
							(A)In
				generalNotwithstanding any
				other provision of law, amounts made available to Amtrak under
			 section 101(c) of
				the Passenger Rail Investment and Improvement Act of 2008 (division
			 B of Public Law 110–432; 122
			 Stat. 4908) may
				not be used for a capital project (as defined in subparagraphs (A)
			 and (B) of
				section 24401(2)) to bring the Northeast Corridor to a
			 state-of-good-repair or
				for any other capital expense of Amtrak unless the steel, iron, and
				manufactured goods used for the project or other capital expense
			 are produced
				in the United States.
							(B)ScopeThe requirements under this subsection shall apply
				to all contracts for a project or other capital expense carried out
			 within the
				scope of the applicable finding, determination, or decision under
			 the National
				Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
			 regardless of the
				funding source of such contracts, if at least one contract with
			 respect to the
				project or other capital expense is funded with amounts made
			 available under
				section 101(c) of the Passenger Rail Investment and Improvement Act
			 of 2008
				(122 Stat. 4908).(C)Special rules for rolling stockFunds made available to carry out this chapter may not be obligated for the procurement of rolling
			 stock (including train control, communication, traction power equipment,
			 and rolling stock prototypes) unless—(i)the cost of components and subcomponents produced in the United States—(I)for fiscal year 2015 is more than 60 percent of the cost of all components of the rolling stock;(II)for fiscal year 2016 is more than 70 percent of the cost of all components of the rolling stock;(III)for fiscal year 2017 is more than 80 percent of the cost of all components of the rolling stock;(IV)for fiscal year 2018 is more than 90 percent of the cost of all components of the rolling stock;
			 and(V)for fiscal year 2019, and each fiscal year thereafter, is 100 percent of the cost of all components
			 of the rolling stock; and(ii)final assembly of the rolling stock, including rolling stock prototypes, occurs in the United
			 States.(2)Exceptions
							(A)Issuance of
				waiversThe Secretary of Transportation may waive the
				requirements under paragraph (1) only if the Secretary determines
			 that—
								(i)applying paragraph
				(1) would be inconsistent with the public interest, as determined
			 in accordance
				with the regulations issued under subparagraph (B);
								(ii)the steel, iron,
				or manufactured goods required for a project or other capital
			 expense are not
				produced in the United States—
									(I)in sufficient and
				reasonably available quantities; and
									(II)of a satisfactory
				quality;
									(iii)the use of
				steel, iron, and manufactured goods produced in the United States
			 for a project
				or other capital expense will increase the project schedule or
			 total cost of
			 the
			 project by more than 25 percent; or(iv)the cost of articles, material, or supplies bought is not more than $1,000,000.(B)RulemakingThe Secretary shall issue regulations establishing the
			 criteria
				that the Secretary shall use to determine whether the application
			 of paragraph
				(1) is inconsistent with the public interest for purposes of
			 subparagraph
				(A)(i).(C)Components of
				rolling stockIf the
				Secretary finds that a component of rolling stock is not produced
			 in the United
				States in sufficient and reasonably available quantities or to a
			 satisfactory
				quality, the Secretary may issue a waiver under subparagraph (A)
			 with respect
				to such component.(D)Labor
				costsFor purposes of this paragraph, labor costs involved in
				final assembly shall not be included in calculating the cost of
				components.
							(E)Requests for
				waiversIf Amtrak seeks a waiver under subparagraph (A), Amtrak
				shall submit a request for the waiver to the Secretary in such form
			 and
				containing such information as the Secretary may require.
							(3)Waiver
				requirements
							(A)Public
				notification of and opportunity for comment on request for a waiver
								(i)In
				generalIf the Secretary
				receives a request for a waiver from Amtrak under paragraph (2),
			 the Secretary
				shall provide notice of and an opportunity for public comment on
			 the request at
				least 30 days before making a determination based on the request.
								(ii)Notice
				requirementsA notice provided under clause (i)—
									(I)shall include the
				information available to the Secretary concerning the request,
			 including
				whether the request is being made under clause (i), (ii), or (iii)
			 of paragraph (2)(A); and
									(II)shall be provided by
				electronic means, including on the official public Internet website
			 of the
				Department of Transportation.
									(B)Detailed
				justification in Federal RegisterIf the Secretary issues a waiver under
				paragraph (2), the Secretary shall publish in the Federal Register
			 a detailed
				justification for the waiver that—
								(i)addresses the
				public comments received under subparagraph (A)(i); and
								(ii)is published
				before the waiver takes effect.
								(4)State
				requirementsThe Secretary may not impose a limitation or
				condition on assistance provided with funds described in paragraph
			 (1)(A) that
				restricts—
							(A)a State from
				imposing requirements that are more stringent than those imposed
			 under this
				subsection with respect to limiting the use of articles, materials,
			 or supplies
				mined, produced, or manufactured in foreign countries for capital
			 projects or
				other capital expenses carried out with such assistance; or
							(B)any recipient of
				such assistance from complying with such State requirements.
							(5)Intentional
				violationsPursuant to
				procedures established under subpart 9.4 of chapter 1 of title 48,
			 Code of
				Federal Regulations, a person shall be ineligible to receive a
			 contract or
				subcontract funded with funds described in paragraph (1)(A) if the
			 Secretary,
				the head of any department, agency, or instrumentality of the
			 United States, or
				a court determines that such person intentionally—
							(A)affixed a label
				bearing a Made in America inscription, or any inscription with
				the same meaning, to any steel, iron, or manufactured goods that—
								(i)were used in a
				capital project or other capital expense to which this subsection
			 applies;
				and
								(ii)were not produced
				in the United States; or
								(B)represented that
				any steel, iron, or manufactured goods were produced in the United
			 States
				that—
								(i)were used in a
				capital project or other capital expense to which this subsection
			 applies;
				and
								(ii)were not produced
				in the United States.
								(6)Consistency with
				international agreements
							(A)In
				generalThis subsection shall be applied in a manner that is
				consistent with United States obligations under international
				agreements.
							(B)Treatment of
				foreign countries in violation of international agreementsThe Secretary shall prohibit the use of
				steel, iron, and manufactured goods produced in a foreign country
			 in a capital
				project or other capital expense funded with funds described in
			 paragraph
				(1)(A), including any project or capital expense for which the
			 Secretary has
				issued a waiver under paragraph (2), if the Secretary, in
			 consultation with the
				United States Trade Representative, determines that the foreign
			 country is in
				violation of the terms of an agreement with the United States by
			 discriminating
				against steel, iron, or manufactured goods that are produced in the
			 United
				States and covered by the
				agreement.
							.
			(b)Review of
			 nationwide waiversNot later
			 than 1 year after the date of enactment of this Act, and at least every 5
			 years
			 thereafter, the Secretary of Transportation shall review each standing
			 nationwide waiver issued under section 24305(f) of title 49, United States
			 Code, to determine whether continuing such waiver is necessary.
			7.Aviation Buy
			 America provisions
			(a)Buy America
			 preferencesChapter 501 of
			 title 49, United States Code, is amended by striking the chapter heading
			 and
			 inserting Buy
			 America.
			(b)Enhancements To
			 buy America requirementsSection 50101 of such title is amended
			 to read as follows:

					50101.Buy
				America
						(a)Domestic source
				requirement for steel, iron, and manufactured goods
							(1)In
				generalNotwithstanding any
				other provision of law, and except as provided in paragraph (2),
			 amounts made
				available to carry out section 106(k), 44502(a)(2), or 44509,
			 subchapter I of
				chapter 471 (except section 47127), or chapter 481 (except sections
			 48102(e),
				48106, 48107, and 48110) of this title may not be obligated for a
			 project
				unless the steel, iron, and manufactured goods used for the project
			 are
				produced in the United States.
							(2)Special rules
				for certain facilities and equipmentWith respect to a project
				for the procurement of a facility or equipment, funds made
			 available to carry
				out the provisions specified in paragraph (1) may not be obligated
			 for the
				project unless—
								(A)the cost of
				components and subcomponents produced in the United States—
									(i)for fiscal year
				2015 is more than 60 percent of the cost of all components of the
			 facility or
				equipment;
									(ii)for fiscal year
				2016 is more than 70 percent of the cost of all components of the
			 facility or
				equipment;
									(iii)for fiscal year
				2017 is more than 80 percent of the cost of all components of the
			 facility or
				equipment;
									(iv)for fiscal year
				2018 is more than 90 percent of the cost of all components of the
			 facility or
				equipment; and
									(v)for fiscal year
				2019, and each fiscal year thereafter, is 100 percent of the cost
			 of all
				components of the facility or equipment; and
									(B)final assembly of
				the facility or equipment occurs in the United States.
								(3)ScopeThe requirements under this section shall apply to
				all contracts for a project carried out within the scope of the
			 applicable
				finding, determination, or decision under the National
			 Environmental Policy Act
				of 1969 (42 U.S.C. 4321 et seq.), regardless of the funding source
			 of such
				contracts, if at least one contract for the project is funded with
			 amounts made
				available to carry out a provision specified in paragraph (1).
							(b)Exceptions
							(1)Issuance of
				waiversThe Secretary of
				Transportation may waive the requirements of subsection (a) only if
			 the
				Secretary determines that—
								(A)applying subsection (a) would be
				inconsistent with the public interest, as determined in accordance
			 with the
				regulations issued under paragraph (2);
								(B)the steel, iron, or manufactured goods
				required for a project are not produced in the United States—
									(i)in
				sufficient and reasonably available quantities; and
									(ii)of a satisfactory
				quality; or
									(C)the use of steel, iron, and manufactured
				goods produced in the United States for a project will increase the
			 project schedule or total cost of
			 the
			 project by more than 25 percent.
								(2)RulemakingThe Secretary shall issue regulations establishing the
			 criteria
				that the Secretary shall use to determine whether the application
			 of subsection
				(a) is inconsistent with the public interest for purposes of
			 paragraph
				(1)(A).
							(3)Labor
				costsFor purposes of this
				section, labor costs involved in final assembly are not included in
			 calculating
				the cost of components.
							(4)Requests for
				waiversAn entity seeking a
				waiver under paragraph (1) shall submit to the Secretary a request
			 for the
				waiver in such form and containing such information as the
			 Secretary may
				require.
							(5)Preference for
				American-assembled facilities and equipmentIn the procurement of a facility or
				equipment subject to a waiver issued under paragraph (1), the
			 Secretary shall
				give preference to a facility or equipment for which final assembly
			 occurred in
				the United States.
							(6)Limitation on
				waiver authorityIn the
				procurement of a facility or equipment, if the Secretary determines
			 that
			 a component
				of the facility or equipment is not produced in the United States
			 in sufficient
				and reasonably available quantities or to a satisfactory quality,
			 the Secretary
				may issue a waiver under paragraph (1) with respect to such
			 component.
							(c)Waiver
				requirements
							(1)Public
				notification of and opportunity for comment on request for a waiver
								(A)In
				generalIf the Secretary receives a request for a waiver under
				subsection (b), the Secretary shall provide notice of and an
			 opportunity for
				public comment on the request at least 30 days before making a
			 determination based on
				the request.
								(B)Notice
				requirementsA notice provided under subparagraph (A)—
									(i)shall include the
				information available to the Secretary concerning the request,
			 including
				whether the request is being made under subparagraph (A), (B), or
			 (C) of subsection (b)(1); and
									(ii)shall be provided by
				electronic means, including on the official public Internet website
			 of the
				Department of Transportation.
									(2)Detailed
				justification in Federal RegisterIf the Secretary issues a waiver under
				subsection (b), the Secretary shall publish a detailed
				justification  for the waiver in the Federal Register that—
								(A)addresses the
				public comments received under paragraph (1)(A); and
								(B)is published
				before the waiver takes effect.
								(d)State
				requirementsThe Secretary may not impose a limitation or
				condition on assistance provided with funds made available to carry
			 out a
				provision specified in subsection (a)(1) that restricts—
							(1)a State from
				imposing requirements that are more stringent than those imposed
			 under this
				section with respect to limiting the use of articles, materials, or
			 supplies
				mined, produced, or manufactured in foreign countries for projects
			 carried out
				with such assistance; or
							(2)any recipient of
				such assistance from complying with such State requirements.
							(e)Consistency with
				international agreements
							(1)In
				generalThis section shall be applied in a manner that is
				consistent with United States obligations under international
				agreements.
							(2)Treatment of
				foreign countries in violation of international agreementsThe
				Secretary shall prohibit the use of steel, iron, and manufactured
			 goods
				produced in a foreign country in a project funded with funds made
			 available to
				carry out a provision specified in subsection (a)(1), including any
			 project for
				which the Secretary has issued a waiver under subsection (b), if
			 the Secretary,
				in consultation with the United States Trade Representative,
			 determines that
				the foreign country is in violation of the terms of an agreement
			 with the
				United States by discriminating against steel, iron, or
			 manufactured goods that
				are produced in the United States and covered by the
				agreement.
							.
			(c)Clerical
			 amendments
				(1)Subtitle
			 analysisThe analysis for
			 subtitle VII of title 49, United States Code, is amended by striking the
			 item
			 relating to chapter 501 and inserting the following:

							501.Buy
				  America50101

						.
				(2)Chapter
			 analysisThe analysis for chapter 501 of title 49, United States
			 Code, is amended by striking the item relating to section 50101 and
			 inserting
			 the following:

							50101. Buy
				America.

						.
				(d)Prohibition on
			 contracting upon falsification of labelSection 50105 of such title is amended by
			 inserting steel, iron, or manufactured before
			 goods.
			(e)Review of
			 nationwide waiversNot later
			 than 1 year after the date of the enactment of this Act, and at least
			 every 5
			 years
			 thereafter, the Secretary of Transportation shall review each standing
			 nationwide waiver issued under section 50101 of title 49, United States
			 Code,
			 to determine whether continuing such waiver is necessary.
			8.Department of
			 Transportation Buy America annual reportSection 308 of title 49, United States Code,
			 is amended by adding at the end the following:

				(f)Buy
				AmericaNot later than February 1 of each year beginning at least 1 year after
				the date of the enactment of this subsection, the Secretary shall
			 submit  a report to Congress that—
					(1)specifies each
				project with respect to which the Secretary issued a waiver from a
			 Buy America
				requirement during the preceding calendar year;
					(2)identifies the country of origin and
				product specifications for steel, iron, or manufactured goods
			 acquired pursuant
				to each waiver from a Buy America requirement issued by the
			 Secretary during
				the preceding calendar year;
					(3)summarizes the
				monetary value of contracts awarded pursuant to each such waiver;
					(4)provides the justification for each such
				waiver, including the specific law, treaty, or international
			 agreement under
				which the waiver was granted;
					(5)summarizes the
				funds expended on—
						(A)steel, iron, and manufactured goods
				produced in the United States for projects with respect to which a
			 Buy America
				requirement, under which the Secretary has waiver authority,
			 applied during the
				preceding calendar year; and
						(B)steel, iron, and manufactured goods
				produced outside the United States for projects with respect to
			 which the
				Secretary issued a waiver from a Buy America requirement during the
			 preceding
				calendar year; and
						(6)provides an employment impact analysis of
				the cumulative effect of all waivers from a Buy America requirement
			 issued by
				the Secretary during the preceding calendar year on manufacturing
			 employment in
				the United
				States.
					.


		II
		Calendar No. 311
		111th CONGRESS
		2d Session
		S. 3092
		IN THE SENATE OF THE UNITED STATES

			March 9, 2010
			Mr. Reid introduced the
			 following bill; which was read the first time

			March 10, 2010
			Read the second time and placed on the
			 calendar

		A BILL
		To designate the facility of the United
		  States Postal Service located at 5070 Vegas Valley Drive in Las Vegas, Nevada,
		  as the Joseph A. Ryan Post Office Building.

		1.Joseph A. Ryan Post Office
			 Building
			(a)DesignationThe facility of the United States Postal
			 Service located at 5070 Vegas Valley Drive in Las Vegas, Nevada, shall be known
			 and designated as the Joseph A. Ryan Post Office
			 Building.
			(b)ReferencesAny reference in a law, map, regulation,
			 document, paper, or other record of the United States to the facility referred
			 to in subsection (a) shall be deemed to be a reference to the Joseph A.
			 Ryan Post Office Building.

		March 10, 2010
		Read the second time and placed on the
		  calendar


114 HR 3629 IH: Respect States’ and Citizens’ Rights Act of 2015
U.S. House of Representatives
2015-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3629
		IN THE HOUSE OF REPRESENTATIVES

			September 28, 2015
			Ms. DeGette (for herself and Mr. Coffman) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, 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 Controlled Substances Act to provide that Federal law shall not preempt State law.

 1.Short titleThis Act may be cited as the Respect States’ and Citizens’ Rights Act of 2015. 2.In generalSection 708 of the Controlled Substances Act (21 U.S.C. 903) is amended—
 (1)by striking No provision and inserting (a) In general.—Except as provided in subsection (b), no provision; and (2)by adding at the end the following:

 (b)Special rule regarding State marihuana lawsIn the case of any State law that pertains to marihuana, no provision of this title shall be construed as indicating an intent on the part of the Congress to occupy the field in which that provision operates, including criminal penalties, to the exclusion of State law on the same subject matter, nor shall any provision of this title be construed as preempting any such State law..


114 HR 3621 IH: Social Security Earned Benefits Payment Act
U.S. House of Representatives
2015-09-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3621
		IN THE HOUSE OF REPRESENTATIVES

			September 28, 2015
			Mr. Levin (for himself, Mr. Crowley, Mr. Danny K. Davis of Illinois, Mr. Doggett, Mr. Larson of Connecticut, Mr. Lewis, Mr. Neal, Mr. Pascrell, Mr. Rangel, and Ms. Linda T. Sánchez of California) introduced the following bill; which was referred to the Committee on Ways and Means

		A BILL
		To ensure that Social Security contributions made by workers are available to pay all benefits
			 which they have earned.

 1.Short titleThis Act may be cited as the Social Security Earned Benefits Payment Act. 2.Allocations to Federal Disability Insurance Trust Fund (a)Allocation with respect to wagesSection 201(b)(1) of the Social Security Act (42 U.S.C. 401(b)(1)) is amended by striking and (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and so reported, and inserting (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and before January 1, 2016, and so reported, (S) 2.65 per centum of the wages (as so defined) paid after December 31, 2015, and before January 1, 2021, and so reported, and (T) 1.80 per centum of the wages (as so defined) paid after December 31, 2020, and so reported,.
 (b)Allocation With Respect to Self-Employment IncomeSection 201(b)(2) of such Act (42 U.S.C. 401(b)(2)) is amended by striking and (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999, and inserting (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999, and before January 1, 2016, (S) 2.65 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2015, and before January 1, 2021, and (T) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2020,.
 (c)Effective dateThe amendments made by this section shall apply with respect to wages paid after December 31, 2015, and self-employment income for taxable years beginning after such date.


116 S2940 IS: National Aviation Heritage Area Reauthorization Act of 2019
U.S. Senate
2019-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2940IN THE SENATE OF THE UNITED STATESNovember 21, 2019Mr. Portman (for himself and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo amend the National Aviation Heritage Area Act to reauthorize the National Aviation Heritage
			 Area.

 1.Short titleThis Act may be cited as the National Aviation Heritage Area Reauthorization Act of 2019.
 2.Reauthorization of the National Aviation Heritage AreaSection 512 of the National Aviation Heritage Area Act (54 U.S.C. 320101 note; Public Law 108–447; 118 Stat. 3367) is amended by striking the date that is 15 years after the date that funds are first made available for this title and inserting September 30, 2022.


		II

		109th CONGRESS

		1st Session

		S. 1080

		IN THE SENATE OF THE UNITED STATES

			May 19, 2005

			Mr. Jeffords (for

			 himself, Mr. Lautenberg,

			 Mrs. Boxer, and Mr. Lieberman) introduced the following bill; which

			 was read twice and referred to the Committee on Environment and Public

			 Works

		A BILL

		To amend the Safe Drinking Water Act to require the use

		  of nontoxic products in the case of hydraulic fracturing that occurs during oil

		  or natural gas production activities.

		1.Short titleThis Act may be cited as the

			 Hydraulic Fracturing Safety Act of

			 2005.

		2.Hydraulic

			 fracturingSection 1421(d)(1)

			 of the Safe Drinking Water Act (42 U.S.C. 300h(d)(1)) is amended—

			(1)by adding at the end the following:

			 The term underground injection includes hydraulic

			 fracturing, which means the process of creating a fracture in a reservoir rock,

			 through the injection of fluids and propping agents, for the purpose of

			 reservoir stimulation relating to oil and gas production activities.;

			 and

			(2)by adding at the

			 end the following:

					(3)Hydraulic

				fracturing

						(A)In

				generalIn the case of hydraulic fracturing that occurs during

				the exploration for, or the production of, oil or natural gas, a producer of

				oil or natural gas shall not use diesel fuel or any other material that the

				Administrator has listed as a priority pollutant under the

				Federal Water Pollution Control Act

				(33 U.S.C.

				1251 et seq.).

						(B)RegulationsThe

				Administrator shall promulgate such regulations as are necessary—

							(i)to regulate

				hydraulic fracturing in accordance with this subsection; and

							(ii)to ensure that

				State programs under section 1422 or 1425 regulate hydraulic fracturing in

				accordance with this

				subsection.

							.


114 S2106 IS: Wounded Warrior Employment Improvement Act of 2015
U.S. Senate
2015-09-30
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.

II114th CONGRESS1st SessionS. 2106IN THE SENATE OF THE UNITED STATESSeptember 30, 2015Mr. Brown (for himself and Mr. Tillis) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo require the Secretary of Veterans Affairs to develop and publish an action plan for improving
			 the vocational rehabilitation services and assistance provided by the
			 Department of Veterans Affairs, and for other purposes.

 1.Short titleThis Act may be cited as the Wounded Warrior Employment Improvement Act of 2015. 2.Department of Veterans Affairs action plan to improve vocational rehabilitation and education (a)In generalNot later than 270 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and publish an action plan for improving the services and assistance provided under chapter 31 of title 38, United States Code.
 (b)ElementsThe plan required by subsection (a) shall include each of the following: (1)A comprehensive analysis of, and recommendations and a proposed implementation plan for remedying workload management challenges at regional offices of the Department of Veterans Affairs, including steps to reduce counselor caseloads of veterans participating in a rehabilitation program under such chapter, particularly for counselors who are assisting veterans with traumatic brain injury and post-traumatic stress disorder and counselors with educational and vocational counseling workloads.
 (2)A comprehensive analysis of the reasons for the disproportionately low percentage of veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, who opt to participate in a rehabilitation program under such chapter relative to the percentage of such veterans who use their entitlement to educational assistance under chapter 33 of title 38, United States Code, including an analysis of barriers to timely enrollment in rehabilitation programs under chapter 31 of such title and of any barriers to a veteran enrolling in the program of that veteran’s choice.
 (3)Recommendations and a proposed implementation plan for encouraging more veterans with service-connected disabilities who served in the Armed Forces after September 11, 2001, to participate in rehabilitation programs under chapter 31 of such title.
 (4)A national staff training program for vocational rehabilitation counselors of the Department that includes the provision of—
 (A)training to assist counselors in understanding the very profound disorientation experienced by veterans with service-connected disabilities whose lives and life-plans have been upended and out of their control because of such disabilities;
 (B)training to assist counselors in working in partnership with veterans on individual rehabilitation plans; and
 (C)training on post-traumatic stress disorder and other mental health conditions and on moderate to severe traumatic brain injury that is designed to improve the ability of such counselors to assist veterans with these conditions, including by providing information on the broad spectrum of such conditions and the effect of such conditions on an individual’s abilities and functional limitations.


114 HR 1056 IH: Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2015
U.S. House of Representatives
2015-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 1056
		IN THE HOUSE OF REPRESENTATIVES

			February 25, 2015
			Mr. Sensenbrenner (for himself, Mr. Goodlatte, Mr. Conyers, and Ms. Jackson Lee) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend title 18, United States Code, to provide for protection of maritime navigation and
			 prevention of nuclear terrorism, and for other purposes.

 1.Short titleThis Act may be cited as the Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2015. ISafety of Maritime Navigation 101.Amendment to section 2280 of title 18, United States CodeSection 2280 of title 18, United States Code, is amended—
 (1)in subsection (b)— (A)in paragraph (1)(A)(i), by striking a ship flying the flag of the United States and inserting a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46);
 (B)in paragraph (1)(A)(ii), by inserting , including the territorial seas after in the United States; and (C)in paragraph (1)(A)(iii), by inserting , by a United States corporation or legal entity, after by a national of the United States;
 (2)in subsection (c), by striking section 2(c) and inserting section 13(c); (3)by striking subsection (d);
 (4)by striking subsection (e) and inserting after subsection (c):  (d)DefinitionsAs used in this section, section 2280a, section 2281, and section 2281a, the term—
 (1)applicable treaty means— (A)the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970;
 (B)the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971;
 (C)the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973;
 (D)International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979;
 (E)the Convention on the Physical Protection of Nuclear Material, done at Vienna on 26 October 1979; (F)the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24 February 1988;
 (G)the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988;
 (H)International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997; and
 (I)International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999;
 (2)armed conflict does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature;
 (3)biological weapon means— (A)microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective, or other peaceful purposes; or
 (B)weapons, equipment, or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict;
 (4)chemical weapon means, together or separately— (A)toxic chemicals and their precursors, except where intended for—
 (i)industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes; (ii)protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons;
 (iii)military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or
 (iv)law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes;(B)munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munitions and devices; and
 (C)any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (B);
 (5)covered ship means a ship that is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country;
 (6)explosive material has the meaning given the term in section 841(c) and includes explosive as defined in section 844(j) of this title;
 (7)infrastructure facility has the meaning given the term in section 2332f(e)(5) of this title; (8)international organization has the meaning given the term in section 831(f)(3) of this title;
 (9)military forces of a state means the armed forces of a state which are organized, trained, and equipped under its internal law for the primary purpose of national defense or security, and persons acting in support of those armed forces who are under their formal command, control, and responsibility;
 (10)national of the United States has the meaning stated in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
 (11)Non-Proliferation Treaty means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow on 1 July 1968;
 (12)Non-Proliferation Treaty State Party means any State Party to the Non-Proliferation Treaty, to include Taiwan, which shall be considered to have the obligations under the Non-Proliferation Treaty of a party to that treaty other than a Nuclear Weapon State Party to the Non-Proliferation Treaty;
 (13)Nuclear Weapon State Party to the Non-Proliferation Treaty means a State Party to the Non-Proliferation Treaty that is a nuclear-weapon State, as that term is defined in Article IX(3) of the Non-Proliferation Treaty;
 (14)place of public use has the meaning given the term in section 2332f(e)(6) of this title; (15)precursor has the meaning given the term in section 229F(6)(A) of this title;
 (16)public transport system has the meaning given the term in section 2332f(e)(7) of this title; (17)serious injury or damage means—
 (A)serious bodily injury, (B)extensive destruction of a place of public use, state or government facility, infrastructure facility, or public transportation system, resulting in major economic loss, or
 (C)substantial damage to the environment, including air, soil, water, fauna, or flora; (18)ship means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft, but does not include a warship, a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes, or a ship which has been withdrawn from navigation or laid up;
 (19)source material has the meaning given that term in the International Atomic Energy Agency Statute, done at New York on 26 October 1956;
 (20)special fissionable material has the meaning given that term in the International Atomic Energy Agency Statute, done at New York on 26 October 1956;
 (21)territorial sea of the United States means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law;
 (22)toxic chemical has the meaning given the term in section 229F(8)(A) of this title; (23)transport means to initiate, arrange or exercise effective control, including decisionmaking authority, over the movement of a person or item; and
 (24)United States, when used in a geographical sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and all territories and possessions of the United States.; and
 (5)by inserting after subsection (d) (as added by paragraph (4) of this section) the following:  (e)ExceptionsThis section shall not apply to—
 (1)the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or
 (2)activities undertaken by military forces of a state in the exercise of their official duties. (f)Delivery of suspected offenderThe master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under section 2280 or section 2280a may deliver such person to the authorities of a country that is a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a state party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master's intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master’s possession that pertains to the alleged offense.
						(g)
 (1)Civil forfeitureAny real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such violation, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture.
 (2)Applicable proceduresSeizures and forfeitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense..
				102.New section 2280a of title 18, United States Code
 (a)In generalChapter 111 of title 18, United States Code, is amended by adding after section 2280 the following new section:

						2280a.Violence against maritime navigation and maritime transport involving weapons of mass destruction
							(a)Offenses
 (1)In generalSubject to the exceptions in subsection (c), a person who unlawfully and intentionally— (A)when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act—
 (i)uses against or on a ship or discharges from a ship any explosive or radioactive material, biological, chemical, or nuclear weapon or other nuclear explosive device in a manner that causes or is likely to cause death to any person or serious injury or damage;
 (ii)discharges from a ship oil, liquefied natural gas, or another hazardous or noxious substance that is not covered by clause (i), in such quantity or concentration that causes or is likely to cause death to any person or serious injury or damage; or
 (iii)uses a ship in a manner that causes death to any person or serious injury or damage; (B)transports on board a ship—
 (i)any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, death to any person or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organization to do or to abstain from doing any act;
 (ii)any biological, chemical, or nuclear weapon or other nuclear explosive device, knowing it to be a biological, chemical, or nuclear weapon or other nuclear explosive device;
 (iii)any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use, or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an International Atomic Energy Agency comprehensive safeguards agreement, except where—
 (I)such item is transported to or from the territory of, or otherwise under the control of, a Non-Proliferation Treaty State Party; and
 (II)the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of the Non-Proliferation Treaty State Party from which, to the territory of which, or otherwise under the control of which such item is transferred;
 (iv)any equipment, materials, or software or related technology that significantly contributes to the design or manufacture of a nuclear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where—
 (I)the country to the territory of which or under the control of which such item is transferred is a Nuclear Weapon State Party to the Non-Proliferation Treaty; and
 (II)the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of a Non-Proliferation Treaty State Party from which, to the territory of which, or otherwise under the control of which such item is transferred;
 (v)any equipment, materials, or software or related technology that significantly contributes to the delivery of a nuclear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where—
 (I)such item is transported to or from the territory of, or otherwise under the control of, a Non-Proliferation Treaty State Party; and
 (II)such item is intended for the delivery system of a nuclear weapon or other nuclear explosive device of a Nuclear Weapon State Party to the Non-Proliferation Treaty; or
 (vi)any equipment, materials, or software or related technology that significantly contributes to the design, manufacture, or delivery of a biological or chemical weapon, with the intention that it will be used for such purpose;
 (C)transports another person on board a ship knowing that the person has committed an act that constitutes an offense under section 2280 or subparagraph (A), (B), (D), or (E) of this section or an offense set forth in an applicable treaty, as specified in section 2280(d)(1), and intending to assist that person to evade criminal prosecution;
 (D)injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (C), or subsection (a)(2), to the extent that the subsection (a)(2) offense pertains to subparagraph (A); or
 (E)attempts to do any act prohibited under subparagraph (A), (B) or (D), or conspires to do any act prohibited by subparagraphs (A) through (E) or subsection (a)(2),
									shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of
			 any person results from conduct prohibited by this paragraph, shall be
 imprisoned for any term of years or for life.(2)ThreatsA person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A) shall be fined under this title, imprisoned not more than 5 years, or both.
 (b)JurisdictionThere is jurisdiction over the activity prohibited in subsection (a)— (1)in the case of a covered ship, if—
 (A)such activity is committed— (i)against or on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) at the time the prohibited activity is committed;
 (ii)in the United States, including the territorial seas; or (iii)by a national of the United States, by a United States corporation or legal entity, or by a stateless person whose habitual residence is in the United States;
 (B)during the commission of such activity, a national of the United States is seized, threatened, injured, or killed; or
 (C)the offender is later found in the United States after such activity is committed; (2)in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; or
 (3)in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act.
 (c)ExceptionsThis section shall not apply to— (1)the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or
 (2)activities undertaken by military forces of a state in the exercise of their official duties. (d) (1)Civil forfeitureAny real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such violation, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture.
 (2)Applicable proceduresSeizures and forfeitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense..
 (b)Conforming amendmentThe table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding after the item relating to section 2280 the following new item:

							2280a. Violence against maritime navigation and maritime transport involving weapons of mass
			 destruction..
 103.Amendments to section 2281 of title 18, United States CodeSection 2281 of title 18, United States Code, is amended— (1)in subsection (c), by striking section 2(c) and inserting section 13(c);
 (2)in subsection (d), by striking the definitions of national of the United States,territorial sea of the United States, and United States; and (3)by inserting after subsection (d) the following:

 (e)ExceptionsThis section does not apply to— (1)the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or
 (2)activities undertaken by military forces of a state in the exercise of their official duties.. 104.New section 2281a of title 18, United States Code (a)In generalChapter 111 of title 18, United States Code, is amended by adding after section 2281 the following new section:

						2281a.Additional offenses against maritime fixed platforms
							(a)Offenses
 (1)In generalA person who unlawfully and intentionally— (A)when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act—
 (i)uses against or on a fixed platform or discharges from a fixed platform any explosive or radioactive material, biological, chemical, or nuclear weapon in a manner that causes or is likely to cause death or serious injury or damage; or
 (ii)discharges from a fixed platform oil, liquefied natural gas, or another hazardous or noxious substance that is not covered by clause (i), in such quantity or concentration that causes or is likely to cause death or serious injury or damage;
 (B)injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraph (A); or
 (C)attempts or conspires to do anything prohibited under subparagraph (A) or (B), shall be fined under this title, imprisoned not more than 20 years, or both; and if death results to any person from conduct prohibited by this paragraph, shall be imprisoned for any term of years or for life.(2)Threat to safetyA person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A), shall be fined under this title, imprisoned not more than 5 years, or both.
 (b)JurisdictionThere is jurisdiction over the activity prohibited in subsection (a) if— (1)such activity is committed against or on board a fixed platform—
 (A)that is located on the continental shelf of the United States; (B)that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or
 (C)in an attempt to compel the United States to do or abstain from doing any act; (2)during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured, or killed; or
 (3)such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States.
 (c)ExceptionsThis section does not apply to— (1)the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or
 (2)activities undertaken by military forces of a state in the exercise of their official duties. (d)DefinitionsIn this section—
 (1)continental shelf means the sea-bed and subsoil of the submarine areas that extend beyond a country’s territorial sea to the limits provided by customary international law as reflected in Article 76 of the 1982 Convention on the Law of the Sea; and
 (2)fixed platform means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes..
 (b)Conforming amendmentThe table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding after the item relating to section 2281 the following new item:

							2281a. Additional offenses against maritime fixed platforms..
 105.Ancillary measureSection 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting 2280a (relating to maritime safety), before 2281, and by striking 2281 and inserting 2281 through 2281a. IIPrevention of Nuclear Terrorism 201.New section 2332i of title 18, United States Code (a)In generalChapter 113B of title 18, United States Code, is amended by adding after section 2332h the following:

						2332i.Acts of nuclear terrorism
							(a)Offenses
 (1)In generalWhoever knowingly and unlawfully— (A)possesses radioactive material or makes or possesses a device—
 (i)with the intent to cause death or serious bodily injury; or (ii)with the intent to cause substantial damage to property or the environment; or
 (B)uses in any way radioactive material or a device, or uses or damages or interferes with the operation of a nuclear facility in a manner that causes the release of or increases the risk of the release of radioactive material, or causes radioactive contamination or exposure to radiation—
 (i)with the intent to cause death or serious bodily injury or with the knowledge that such act is likely to cause death or serious bodily injury;
 (ii)with the intent to cause substantial damage to property or the environment or with the knowledge that such act is likely to cause substantial damage to property or the environment; or
 (iii)with the intent to compel a person, an international organization or a country to do or refrain from doing an act,
 shall be punished as prescribed in subsection (c).(2)ThreatsWhoever, under circumstances in which the threat may reasonably be believed, threatens to commit an offense under paragraph (1) shall be punished as prescribed in subsection (c). Whoever demands possession of or access to radioactive material, a device or a nuclear facility by threat or by use of force shall be punished as prescribed in subsection (c).
 (3)Attempts and conspiraciesWhoever attempts to commit an offense under paragraph (1) or conspires to commit an offense under paragraph (1) or (2) shall be punished as prescribed in subsection (c).
 (b)JurisdictionConduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1)the prohibited conduct takes place in the United States or the special aircraft jurisdiction of the United States;
 (2)the prohibited conduct takes place outside of the United States and— (A)is committed by a national of the United States, a United States corporation or legal entity or a stateless person whose habitual residence is in the United States;
 (B)is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) or on board an aircraft that is registered under United States law, at the time the offense is committed; or
 (C)is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States;
 (3)the prohibited conduct takes place outside of the United States and a victim or an intended victim is a national of the United States or a United States corporation or legal entity, or the offense is committed against any state or government facility of the United States; or
 (4)a perpetrator of the prohibited conduct is found in the United States. (c)PenaltiesWhoever violates this section shall be fined not more than $2,000,000 and shall be imprisoned for any term of years or for life.
 (d)NonapplicabilityThis section does not apply to— (1)the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or
 (2)activities undertaken by military forces of a state in the exercise of their official duties. (e)DefinitionsAs used in this section, the term—
 (1)armed conflict has the meaning given that term in section 2332f(e)(11) of this title; (2)device means—
 (A)any nuclear explosive device; or (B)any radioactive material dispersal or radiation-emitting device that may, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or the environment;
 (3)international organization has the meaning given that term in section 831(f)(3) of this title; (4)military forces of a state means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility;
 (5)national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
 (6)nuclear facility means— (A)any nuclear reactor, including reactors on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose;
 (B)any plant or conveyance being used for the production, storage, processing or transport of radioactive material; or
 (C)a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material;
 (7)nuclear material has the meaning given that term in section 831(f)(1) of this title; (8)radioactive material means nuclear material and other radioactive substances that contain nuclides that undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and that may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment;
 (9)serious bodily injury has the meaning given that term in section 831(f)(4) of this title; (10)state has the same meaning as that term has under international law, and includes all political subdivisions thereof;
 (11)state or government facility has the meaning given that term in section 2332f(e)(3) of this title; (12)United States corporation or legal entity means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession or district of the United States;
 (13)vessel has the meaning given that term in section 1502(19) of title 33; and (14)vessel of the United States has the meaning given that term in section 70502 of title 46..
 (b)Clerical amendmentThe table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332h the following:

							2332i. Acts of nuclear terrorism..
 (c)DisclaimerNothing contained in this section is intended to affect the applicability of any other Federal or State law that might pertain to the underlying conduct.
 (d)Inclusion in definition of Federal crimes of terrorismSection 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting 2332i (relating to acts of nuclear terrorism), before 2339 (relating to harboring terrorists). 202.Amendment to section 831 of title 18, United States CodeSection 831 of title 18, United States Code, is amended—
 (a)in subsection (a)— (1)by redesignating paragraphs (3) through (8) as (4) through (9);
 (2)by inserting after paragraph (2) the following:  (3)without lawful authority, intentionally carries, sends or moves nuclear material into or out of a country;;
 (3)in paragraph (8), as redesignated, by striking an offense under paragraph (1), (2), (3), or (4) and inserting any act prohibited under paragraphs (1) through (5); and (4)in paragraph (9), as redesignated, by striking an offense under paragraph (1), (2), (3), or (4) and inserting any act prohibited under paragraphs (1) through (7);
 (b)in subsection (b)— (1)in paragraph (1), by striking (7) and inserting (8); and
 (2)in paragraph (2), by striking (8) and inserting (9); (c)in subsection (c)—
 (1)in subparagraph (2)(A), by adding after United States the following: or a stateless person whose habitual residence is in the United States; (2)by striking paragraph (5);
 (3)in paragraph (4), by striking or at the end; and (4)by inserting after paragraph (4), the following:

 (5)the offense is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) or on board an aircraft that is registered under United States law, at the time the offense is committed;
 (6)the offense is committed outside the United States and against any state or government facility of the United States; or
 (7)the offense is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States.;
 (d)by redesignating subsections (d) through (f) as (e) through (g), respectively; (e)by inserting after subsection (c):

 (d)NonapplicabilityThis section does not apply to— (1)the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or
 (2)activities undertaken by military forces of a state in the exercise of their official duties.; and (f)in subsection (g), as redesignated—
 (1)in paragraph (6), by striking and at the end; (2)in paragraph (7), by striking the period at the end and inserting a semicolon; and
 (3)by inserting after paragraph (7), the following:  (8)the term armed conflict has the meaning given that term in section 2332f(e)(11) of this title;
 (9)the term military forces of a state means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility;
 (10)the term state has the same meaning as that term has under international law, and includes all political subdivisions thereof;
 (11)the term state or government facility has the meaning given that term in section 2332f(e)(3) of this title; and (12)the term vessel of the United States has the meaning given that term in section 70502 of title 46..


117 HR 2594 IH: Colorectal Cancer Payment Fairness Act
U.S. House of Representatives
2021-04-15
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.

I117th CONGRESS1st SessionH. R. 2594IN THE HOUSE OF REPRESENTATIVESApril 15, 2021Mr. Payne (for himself, Mr. Rodney Davis of Illinois, Mr. McEachin, Mr. Fitzpatrick, Mr. Bishop of Georgia, Mr. Butterfield, Mr. Casten, Mr. Malinowski, Mr. McKinley, Mr. Morelle, Mr. Rush, Ms. Scanlon, Ms. Strickland, Mr. Webster of Florida, Mr. Carbajal, Mrs. Kirkpatrick, Mr. Lawson of Florida, Mrs. Axne, Mr. Gonzalez of Ohio, Ms. Williams of Georgia, Mr. Raskin, Mr. David Scott of Georgia, Mr. Guest, Mr. Van Drew, Mr. Grijalva, Mr. Kelly of Mississippi, Ms. Clark of Massachusetts, Ms. Porter, Mr. Sires, Ms. Stefanik, Mr. Cohen, Mrs. McBath, Ms. Norton, Mr. Johnson of Georgia, Mr. Ruppersberger, Ms. Lee of California, Mrs. Hayes, Mr. Pocan, Mr. Trone, Mr. Gallego, Mrs. Watson Coleman, Mr. Takano, Mr. Cicilline, Ms. Stevens, Mr. Evans, Mr. Larson of Connecticut, Mr. Brendan F. Boyle of Pennsylvania, Ms. Plaskett, Mr. Carson, Mr. Kilmer, and Mr. Soto) 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 eliminate the coinsurance requirement for certain colorectal cancer screening tests furnished under the Medicare program.1.Short titleThis Act may be cited as the Colorectal Cancer Payment Fairness Act.2.Eliminating the coinsurance requirement for certain colorectal cancer screening tests furnished under the Medicare programSection 1833(dd) of the Social Security Act (42 U.S.C. 1395l(dd)) is amended—(1)in paragraph (1), by striking and before January 1, 2030,; and(2)in paragraph (2)—(A)in subparagraph (A), by adding and at the end;(B)in subparagraph (B), by striking through 2026, 85 percent; and and inserting and each subsequent year, 100 percent.; and(C)by striking subparagraph (C).


116 HRES 1073 IH: Expressing the view that every individual is created equal and made in the image of God and the modern Democratic Party’s use of identity politics rejects all attempts to unite America and instead focuses on dividing individuals into groups in order to achieve power.
U.S. House of Representatives
2020-07-30
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.

IV116th CONGRESS2d SessionH. RES. 1073IN THE HOUSE OF REPRESENTATIVESJuly 30, 2020Mr. Budd (for himself and Mrs. Lesko) submitted the following resolution; which was referred to the Committee on Oversight and ReformRESOLUTIONExpressing the view that every individual is created equal and made in the image of God and the modern Democratic Party’s use of identity politics rejects all attempts to unite America and instead focuses on dividing individuals into groups in order to achieve power.Whereas every individual is created equal and made in the image of God;Whereas the Republican Party believes that every individual American is endowed by our Creator with the unalienable rights to life, liberty, and the pursuit of happiness; Whereas the Republican Party believes in judging people based on the content of their character and not the color of their skin, their ethnic group, or their gender;Whereas a Democratic Senator attacked the then-Secretary of the Interior of the United States for not wanting to make hiring decisions based on race;Whereas House Democrats introduced a divisive COVID–19 relief bill that would require companies who receive Federal aid to make decisions based on race and gender;Whereas a Democratic National Committee (DNC) chair candidate said it is her job to shut other White people down when they claim they are not prejudiced toward minorities;Whereas a DNC staffer announced that she prefers not to hire cisgender straight white males; andWhereas based on the above examples and many others, radical members of the Democratic Party believe that individuals should be judged based on their group membership and not on their individual merits: Now, therefore, be itThat it is the sense of the House of Representatives that the modern Democratic Party’s use of identity politics rejects all attempts to unite America and instead focuses on dividing individuals into groups in order to achieve power.


110 HR 5568 IH: Start Building a Real Fence Act of

U.S. House of Representatives
2008-03-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5568
		IN THE HOUSE OF REPRESENTATIVES

			March 10, 2008
			Mr. Graves introduced
			 the following bill; which was referred to the
			 Committee on Homeland
			 Security

		A BILL
		To amend the Illegal Immigration Reform and Immigrant
		  Responsibility Act of 1996 to clarify requirements relating to the construction
		  of a physical fence along the southwest border, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Start Building a Real Fence Act of
			 2008.
		2.Physical fencing
			 along the southwest border
			(a)Removal of
			 limitation qualificationSection 102 of the Illegal Immigration
			 Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note), as
			 amended by section 564 of division E of the Consolidated Appropriations Act,
			 2008 (Public Law 110–161), is amended by striking subparagraph (D) of
			 subsection (b)(1) of such section 102.
			(b)Clarification
			 that fencing shall be physicalSection 102 of the Illegal
			 Immigration Reform and Immigrant Responsibility Act of 1996 is further
			 amended—
				(1)in subsection (a),
			 by inserting , including physical fencing, after physical
			 barriers;
				(2)in subsection
			 (b)—
					(A)in the subsection
			 heading, by inserting physical before fencing;
					(B)in paragraph
			 (1)—
						(i)in
			 the paragraph heading, by inserting physical before fencing;
						(ii)in
			 subparagraph (A)—
							(I)in the
			 subparagraph heading, by inserting physical before fencing;
							(II)by inserting
			 physical before fencing along; and
							(III)by inserting
			 such before fencing would;
							(iii)in
			 subparagraph (B)—
							(I)in clause (i), by
			 inserting physical before fencing; and
							(II)in clause (ii),
			 by inserting physical before fencing; and
							(iv)in
			 subparagraph (C)(i), by inserting physical before
			 fencing;
						(C)in paragraph (2),
			 by inserting physical before fences;
					(D)in paragraph
			 (3)—
						(i)by
			 inserting physical before fencing; and
						(ii)by
			 inserting physical before fence; and
						(3)in subsection
			 (c)(1), by striking barriers and roads and inserting
			 physical fencing, barriers, and roads.
				(c)RepealSubsection
			 (b) of section 564 of division E of the Consolidated Appropriations Act, 2008
			 (Public Law 110–161) is repealed.


113 S2517 IS: Holding the IRS Leadership Accountable Act
U.S. Senate
2014-06-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2517
		IN THE SENATE OF THE UNITED STATES

			June 24, 2014
			Mr. Cornyn introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To prohibit bonuses to senior-level IRS executives until all Congressional requests for documents,
			 including electronic communications, related to the investigation of IRS
			 targeting of taxpayers are complete.

	1.Short titleThis Act may be cited as the Holding the IRS Leadership Accountable Act.

			2.
			Prohibition on bonuses until IRS complies with Congressional document requestsThe Commissioner of Internal Revenue  shall not provide any performance award (including bonuses,
			 step increases, and leave time) to senior-level executives of the Internal
			 Revenue Service until such time as the Treasury Inspector General for Tax
			 Administration certifies that the Internal Revenue Service has provided
			 all documents, including all electronic communications, requested by the
			 relevant congressional committees in due course of their investigation
			 into the targeting of certain taxpayers who applied for designation as an
			 organization described in section 501(c)(4) of the Internal Revenue Code
			 of 1986.