113 S356 IS: Unborn Child Pain Awareness Act of 2013
U.S. Senate
2013-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 356
		IN THE SENATE OF THE UNITED STATES

			February 14, 2013
			Mr. Johanns (for
			 himself, Mr. Inhofe,
			 Mr. Grassley, Mrs. Fischer, Mr.
			 Boozman, Mr. Enzi,
			 Mr. Thune, Mr.
			 Risch, Mr. Vitter, and
			 Mr. Cochran) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To ensure that women seeking an abortion are fully
		  informed regarding the pain experienced by their unborn child.

		1.Short titleThis Act may be cited as the
			 Unborn Child Pain Awareness Act of
			 2013.
		2.FindingsCongress makes the following
			 findings:
			(1)At least by 20
			 weeks after fertilization, an unborn child has the physical structures
			 necessary to experience pain.
			(2)There is
			 substantial evidence that by 20 weeks after fertilization, unborn children draw
			 away from certain stimuli in a manner which in an infant or an adult would be
			 interpreted as a response to pain.
			(3)Anesthesia is
			 routinely administered to unborn children who have developed 20 weeks or more
			 after fertilization who undergo prenatal surgery.
			(4)There is
			 substantial evidence that the abortion methods most commonly used 20 weeks or
			 more after fertilization cause substantial pain to an unborn child, whether by
			 dismemberment, poisoning, penetrating or crushing the skull, or other methods.
			 Examples of abortion methods used 20 weeks or more after fertilization include,
			 but are not limited to the following:
				(A)The dilation and
			 evacuation (D and E) method of abortion is commonly performed in the second
			 trimester of pregnancy. In a dilation and evacuation abortion, the unborn
			 child’s body parts are grasped with a long-toothed clamp. The fetal body parts
			 are then torn from the body and pulled out of the vaginal canal. The remaining
			 body parts are grasped and pulled out until only the head remains. The head is
			 then grasped and crushed in order to remove it from the vaginal canal.
				(B)Partial-birth
			 abortion is an abortion in which the abortion practitioner delivers an unborn
			 child’s body until only the head remains inside the womb, punctures the back of
			 the child’s skull with a sharp instrument, and sucks the child’s brains out
			 before completing the delivery of the dead infant, and as further defined in
			 section 1531 of title 18, United States Code.
				(5)Expert testimony
			 confirms that by 20 weeks after fertilization an unborn child may experience
			 substantial pain even if the woman herself has received local analgesic or
			 general anesthesia.
			(6)Medical science is
			 capable of reducing such pain through the administration of anesthesia or other
			 pain-reducing drugs directly to the unborn child.
			(7)There is a valid
			 Federal Government interest in preventing or reducing the infliction of pain on
			 sentient creatures. Examples of this are laws governing the use of laboratory
			 animals and requiring pain-free methods of slaughtering livestock, which
			 include, but are not limited to the following:
				(A)Section 2 of the
			 Act commonly known as the Humane Slaughter Act of 1958 (Public Law 85–765; 7
			 U.S.C. 1902) states,

						No method of slaughter or
			 handling in connection with slaughtering shall be deemed to comply with the
			 public policy of the United States unless it is humane. Either of the following
			 two methods of slaughtering and handling are hereby found to be
			 humane—(i)in
				the case of cattle, calves, horses, mules, sheep, swine, and other livestock,
				all animals are rendered insensible to pain by a single blow or gunshot or an
				electrical, chemical or other means that is rapid and effective, before being
				shackled, hoisted, thrown, cast, or cut; or
						(ii)by slaughtering
				in accordance with the ritual requirements of the Jewish faith or any other
				religious faith that prescribes a method of slaughter whereby the animal
				suffers loss of consciousness by anemia of the brain caused by the simultaneous
				and instantaneous severance of the carotid arteries with a sharp instrument and
				handling in connection with such
				slaughtering.
						.
				(B)Section 13(a)(3)
			 of the Animal Welfare Act (7 U.S.C. 2143(a)(3)) sets the standards and
			 certification process for the humane handling, care, treatment, and
			 transportation of animals. This includes having standards with respect to
			 animals in research facilities that include requirements—
					(i)for
			 animal care, treatment, and practices in experimental procedures to ensure that
			 animal pain and distress are minimized, including adequate veterinary care with
			 the appropriate use of anesthetic, analgesic, tranquilizing drugs, or
			 euthanasia;
					(ii)that the
			 principal investigator considers alternatives to any procedure likely to
			 produce pain to or distress in an experimental animal; and
					(iii)in
			 any practice which could cause pain to animals—
						(I)that a doctor of
			 veterinary medicine is consulted in the planning of such procedures;
						(II)for the use of
			 tranquilizers, analgesics, and anesthetics;
						(III)for pre-surgical
			 and post-surgical care by laboratory workers, in accordance with established
			 veterinary medical and nursing procedures;
						(IV)against the use
			 of paralytics without anesthesia; and
						(V)that the
			 withholding of tranquilizers, anesthesia, analgesia, or euthanasia when
			 scientifically necessary shall continue for only the necessary period of
			 time.
						(C)Section 495 of the
			 Public Health Service Act (42 U.S.C. 289d) directs the Secretary of Health and
			 Human Services, acting through the Director of the National Institutes of
			 Health, to establish guidelines for research facilities as to the proper care
			 and treatment of animals, including the appropriate use of tranquilizers,
			 analgesics, and other drugs, except that such guidelines may not prescribe
			 methods of research. Entities that conduct biomedical and behavioral research
			 with National Institutes of Health funds must establish animal care committees
			 which must conduct reviews at least semiannually and report to the Director of
			 such Institutes at least annually. If the Director determines that an entity
			 has not been following the guidelines, the Director must give the entity an
			 opportunity to take corrective action, and, if the entity does not, the
			 Director must suspend or revoke the grant or contract involved.
				(8)There is a valid
			 Federal Government interest in preventing harm to developing human life at all
			 stages. Examples of this include regulations protecting fetal human subjects
			 from risks of harm or discomfort in federally funded biomedical
			 research, 45 CFR 102(i) and 45 CFR 46.201 et seq.
			3.Amendment to the
			 Public Health Service ActThe
			 Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the
			 end the following:

				XXXIVUnborn child
				pain awareness
					3401.DefinitionsIn this title:
						(1)AbortionThe
				term abortion means the intentional use or prescription of any
				instrument, medicine, drug, or any other substance or device or method to
				terminate the life of an unborn child, or to terminate the pregnancy of a woman
				known to be pregnant with an intention other than—
							(A)to produce a live
				birth and preserve the life and health of the child after live birth; or
							(B)to remove an
				ectopic pregnancy, or to remove a dead unborn child who died as the result of a
				spontaneous abortion, accidental trauma or a criminal assault on the pregnant
				female or her unborn child.
							(2)Abortion
				providerThe term abortion provider means any person
				legally qualified to perform an abortion under applicable Federal and State
				laws.
						(3)Pain-capable
				unborn child
							(A)In
				generalThe term pain-capable unborn child means an
				unborn child who has reached a probable stage of development of 20 weeks or
				more after fertilization.
							(B)Rule of
				constructionNothing in subparagraph (A) shall be construed as a
				determination or finding by Congress that pain may not in fact be experienced
				by an unborn child at stages of development prior to 20 weeks or more after
				fertilization.
							(4)Probable age of
				developmentThe term probable age of development
				means the duration of development after fertilization of the unborn child at
				the time an abortion is performed, as determined in the good faith judgment of
				the abortion provider using generally accepted medical criteria and information
				obtained by interviewing the pregnant woman.
						(5)Unborn
				childThe term unborn child means a member of the
				species homo sapiens, at any stage of development, who is carried in the
				womb.
						(6)WomanThe
				term woman means a female human being whether or not she has
				reached the age of majority.
						(7)Unemancipated
				minorThe term unemancipated minor means an
				individual who is not older than 18 years and who is not emancipated under
				State law.
						3402.Requirement of
				informed consent
						(a)Requirement of
				Compliance by ProvidersAny abortion provider in or affecting
				interstate or foreign commerce, who knowingly performs any abortion of a
				pain-capable unborn child, shall comply with the requirements of this
				title.
						(b)Provision of
				consent
							(1)In
				generalBefore any part of an abortion involving a pain-capable
				unborn child begins, the abortion provider or his or her agent shall provide
				the pregnant woman involved, by telephone or in person, with the information
				described in paragraph (2). It may not be provided by a tape recording, but
				must be provided in a fashion that permits the woman to ask questions of and
				receive answers from the abortion provider or his agent. (In the case of the
				Unborn Child Pain Awareness Brochure, it may be provided pursuant to subsection
				(c)(2) or (c)(3)).
							(2)Required
				information
								(A)In
				generalAn abortion provider or the provider’s agent to whom
				paragraph (1) applies shall provide the following information to the pregnant
				woman (or in the case of a deaf or non-English speaking woman, provide the
				statement in a manner that she can easily understand):
									(i)Age of unborn
				babyThe probable age of development of the unborn baby based on
				the number of weeks since fertilization.
									(ii)Unborn child
				pain awareness brochureAn abortion provider to whom paragraph
				(1) applies must provide the pregnant woman with the Unborn Child Pain
				Awareness Brochure (referred to in this section as the Brochure)
				to be developed by the Department of Health and Human Services under subsection
				(c) or with the information described in subsection (c)(2) relating to
				accessing such Brochure.
									(iii)Use of
				pain-preventing drugsDrugs administered to the mother may not
				prevent the unborn child from feeling pain, but in some cases, anesthesia or
				other pain-reducing drug or drugs can be administered directly to the unborn
				child.
									(iv)Description of
				risksAfter providing the information required under clauses (i),
				(ii), and (iii) the abortion provider shall provide the woman involved with his
				or her best medical judgment on the risks, if any, of administering such
				anesthesia or analgesic, and the costs associated therewith.
									(v)Administration
				of anesthesiaIf the abortion provider is not qualified or
				willing to administer the anesthesia or other pain-reducing drug to an unborn
				child in response to a request from a pregnant women, the provider
				shall—
										(I)arrange for a
				qualified specialist to administer such anesthesia or drug; or
										(II)advise the
				pregnant woman—
											(aa)where she may
				obtain such anesthesia or other pain reducing drugs for the unborn child in the
				course of an abortion; or
											(bb)that the abortion
				provider is unable to perform the abortion if the woman requires that she
				receive anesthesia or other pain-reducing drug for her unborn child.
											(vi)Unborn child
				pain awareness decision formAn abortion provider to which
				paragraph (1) applies shall provide the pregnant woman with the Unborn Child
				Pain Awareness Decision Form (provided for under subsection (d)) and obtain the
				appropriate signature of the woman on such form.
									(vii)Rule of
				constructionNothing in this section may be construed to impede
				an abortion provider or the abortion provider’s agent from offering their own
				evaluation on the capacity of the unborn child to experience pain, the
				advisability of administering pain-reducing drugs to the unborn child, or any
				other matter, as long as such provider or agent provides the required
				information, obtains the woman’s signature on the decision form, and otherwise
				complies with the affirmative requirements of the law.
									(B)Unborn child
				pain awareness brochureAn abortion provider to whom paragraph
				(1) applies shall provide the pregnant woman with the Unborn Child Pain
				Awareness Brochure (referred to in this section as the Brochure)
				to be developed by the Department of Health and Human Services under subsection
				(c) or with the information described in subsection (c)(2) relating to
				accessing such Brochure.
								(C)Unborn child
				pain awareness decision formAn abortion provider to which
				paragraph (1) applies shall provide the pregnant woman with the Unborn Child
				Pain Awareness Decision Form (provided for under subsection (d)) and obtain the
				appropriate signature of the woman on such form.
								(c)Unborn child
				pain awareness brochure
							(1)DevelopmentNot
				later than 90 days after the date of enactment of this title, the Secretary
				shall develop an Unborn Child Pain Awareness Brochure. Such Brochure
				shall—
								(A)be written in
				English and Spanish;
								(B)contain the
				following text: Your doctor has determined that, in his or her best
				medial judgment, your unborn child is at least 20 weeks old. There is a
				significant body of evidence that unborn children at 20 weeks after
				fertilization have the physical structures necessary to experience pain. There
				is substantial evidence that at least by this point, unborn children draw away
				from surgical instruments in a manner which in an infant or an adult would be
				interpreted as a response to pain. There is substantial evidence that the
				process of being killed in an abortion will cause the unborn child pain, even
				though you receive a pain-reducing drug or drugs. Under the Federal
				Unborn Child Pain Awareness Act of
				2013, you have a right to know that there is evidence that the
				process of being killed in an abortion will cause your unborn child pain. You
				may request that anesthesia or other pain-reducing drug or drugs are
				administered directly to the pain-capable unborn child if you so desire. The
				purpose of administering such drug or drugs would be to reduce or eliminate the
				capacity of the unborn child to experience pain during the abortion procedure.
				In some cases, there may be some additional risk to you associated with
				administering such a drug.;
								(C)contain greater
				detail on her option of having a pain-reducing drug or drugs administered to
				the unborn child to reduce the experience of pain by the unborn child during
				the abortion;
								(D)be written in an
				objective and nonjudgmental manner and be printed in a typeface large enough to
				be clearly legible; and
								(E)be made available
				by the Secretary at no cost to any abortion provider.
								(2)Internet
				informationThe Brochure under this section shall be available on
				the Internet website of the Department of Health and Human Services at a
				minimum resolution of 70 DPI (dots per inch). All pictures appearing on the
				website shall be a minimum of 200x300 pixels. All letters on the website shall
				be a minimum of 12 point font. All such information and pictures shall be
				accessible with an industry standard browser, requiring no additional
				plug-ins.
							(3)Presentation of
				brochureAn abortion provider
				or his or her agent must provide a pregnant woman with the Brochure, developed
				under paragraph (1), before any part of an abortion of a pain-capable child
				begins. The brochure may be provided—
								(A)through an
				in-person visit by the pregnant woman;
								(B)through an e-mail
				attachment, from the abortion provider or his or her agent; or
								(C)by certified mail,
				mailed to the woman at least 72 hours before any part of the abortion
				begins.
								(4)WaiverAfter
				the abortion provider or his or her agent offers to provide a pregnant woman
				the brochure, a pregnant woman may waive receipt of the brochure under this
				subsection by signing the waiver form contained in the Unborn Child Pain
				Awareness Decision Form.
							(d)Unborn child
				pain awareness decision formNot later than 30 days after the
				date of enactment of this title, the Secretary shall develop an Unborn Child
				Pain Awareness Decision Form. To be valid, such form shall—
							(1)with respect to
				the pregnant woman—
								(A)contain a
				statement that affirms that the woman has received or been offered all of the
				information required in subsection (b);
								(B)affirm that the
				woman has read the following statement: You are considering having an
				abortion of an unborn child who will have developed, at the time of the
				abortion, approximately __ weeks after fertilization. There is a significant
				body of evidence that unborn children at 20 weeks after fertilization have the
				physical structures necessary to experience pain. There is substantial evidence
				that at least by this point, unborn children draw away from surgical
				instruments in a manner which in an infant or an adult would be interpreted as
				a response to pain. There is substantial evidence that the process of being
				killed in an abortion will cause the unborn child pain, even though you receive
				a pain-reducing drug or drugs. Under the Federal
				Unborn Child Pain Awareness Act of
				2013, you have a right to know that there is evidence that the
				process of being killed in an abortion will cause your unborn child pain. You
				may request that anesthesia or other pain-reducing drug or drugs are
				administered directly to the pain-capable unborn child if you so desire. The
				purpose of administering such drug or drugs would be to reduce or eliminate the
				capacity of the unborn child to experience pain during the abortion procedure.
				In some cases, there may be some additional risk to you associated with
				administering such a drug.;
								(C)require the woman
				to explicitly either request or refuse the administration of pain-reducing
				drugs to the unborn child; and
								(D)be signed by a
				pregnant woman prior to the performance of an abortion involving a pain-capable
				unborn child; and
								(2)with respect to
				the abortion provider—
								(A)contain a
				statement that the provider has provided the woman with all of the information
				required under subsection (b);
								(B)if applicable,
				contain a certification by the provider that an exception described in section
				3403 applies and the detailed reasons for such certification; and
								(C)be signed by the
				provider prior to the performance of the abortion procedure.
								(e)Maintenance of
				recordsThe Secretary shall promulgate regulations relating to
				the period of time during which copies of forms under subsection (d) shall be
				maintained by abortion providers.
						3403.Exception to
				save the life of the motherThe provisions of section 3402 shall not
				apply to an abortion provider in the case that the abortion is necessary to
				save the life of a mother whose life is endangered by a physical disorder,
				physical illness, or physical injury, including a life-endangering physical
				condition caused by or arising from the pregnancy itself.
					3404.Penalties for
				failure to comply
						(a)In
				GeneralAn abortion provider who willfully fails to comply with
				the provisions of this title shall be subject to civil penalties in accordance
				with this section in an appropriate Federal court.
						(b)Commencement of
				ActionThe Attorney General of the United States may commence a
				civil action under this section.
						(c)First
				offenseUpon a finding by a court that a respondent in an action
				commenced under this section has knowingly violated a provision of this title,
				the court shall notify the appropriate State medical licensing authority and
				shall assess a civil penalty against the respondent in an amount not to exceed
				$100,000.
						(d)Second and
				subsequent offensesUpon a finding by a court that the respondent
				in an action commenced under this section has knowingly violated a provision of
				this title and the respondent has been found to have knowingly violated a
				provision of this title on a prior occasion, the court shall notify the
				appropriate State medical licensing authority and shall assess a civil penalty
				against the respondent in an amount not to exceed $250,000.
						(e)Private right of
				actionA pregnant woman upon whom an abortion has been performed
				in violation of this title, or the parent or legal guardian of such a woman if
				she is an unemancipated minor, may commence a civil action against the abortion
				provider for any knowing or reckless violation of this title for actual and
				punitive
				damages.
						.
		4.PreemptionNothing in this Act or the amendments made
			 by this Act shall be construed to preempt any provision of State law to the
			 extent that such State law establishes, implements, or continues in effect
			 greater protections for unborn children from pain than the protections provided
			 under this Act and the amendments made by this Act.
		5.SeverabilityThe provisions of this Act shall be
			 severable. If any provision of this Act, or any application thereof, is found
			 unconstitutional, that finding shall not affect any provision or application of
			 the Act not so adjudicated.


IV
111th CONGRESS
2d Session
H. RES. 1366
In the House of Representatives, U. S.,

July 27, 2010

RESOLUTION
Resolution recognizing and honoring the freight railroad industry and its employees.

Whereas the United States utilizes the most efficient and productive freight railroad system in the world;
Whereas freight rail has played a critical role in the economic development of the United States and has helped to build cities and strengthen infrastructure throughout this great Nation;
Whereas the first common carrier railroad in North America, the Baltimore & Ohio Railroad, was chartered by the State of Maryland in 1827;
Whereas freight rail has been instrumental in bringing American goods to market nationally and internationally since 1830;
Whereas the United States freight rail network has over 560 railroad companies, includes 140,000 miles of track and carries more than 2,200,000,000 tons of freight annually;
Whereas 43 percent of all intercity freight volume is moved by freight rail, including the clothes we wear, the food we eat, the coal we use for domestic energy, and the automobiles we drive;
Whereas freight railroads have nearly doubled the amount of cargo they have shipped over the past 3 decades with virtually no increase in fuel consumption;
Whereas freight rail is one of the most fuel-efficient modes of transportation, able to move one ton of freight 480 miles on 1 gallon of diesel fuel;
Whereas freight railroads have increased fuel economy by an average of 45 percent since 1990;
Whereas, from 1980 to 2009, United States freight railroads consumed 55,000,000,000 fewer gallons of fuel and emitted 617,000,000 fewer tons of carbon dioxide than they would have if their fuel efficiency had not improved;
Whereas the freight railroad sector complies with the Environmental Protection Agency’s new locomotive emissions standards which will cut particulate emissions by up to 90 percent and nitrogen oxide emissions by up to 80 percent;
Whereas the freight rail industry has created good-paying jobs and provided its workers with good benefits, and as of 2008, there were 183,743 employees working for the freight railroads;
Whereas freight rail continues to play a vital role in the United States growth, job creation, and economic recovery;
Whereas freight rail companies have reinvested $460,000,000,000 in revenues toward equipment, maintenance, and rail expansion since 1980, which has supported employment and economic activity throughout the United States;
Whereas such investments have continued even during the economic downturn, with major railroads spending more than $10,000,000,000 in 2008 on capital improvements and similar amounts in 2009;
Whereas for every $1 invested in freight rail capacity, the national economy sees $3 in economic output;
Whereas freight rail growth will continue to generate jobs and produce a reliable means of transporting goods;
Whereas the seven Class I freight railroads have joined the Environmental Protection Agency’s SmartWay Transport, which works to improve fuel efficiency and reduce harmful greenhouse gases;
Whereas both the public and private sector and organized labor have contributed significantly toward the creation of the freight rail infrastructure we use today;
Whereas the freight rail industry has built one of the world’s most envied infrastructure networks; and
Whereas a strong freight rail system is critical to the economic and environmental well-being of the United States of America: Now, therefore, be it

That the House of Representatives—

(1)recognizes the contributions the freight rail industry and its employees have made to the national transportation system; and
(2)supports the efforts of the freight rail industry and its employees to continue improving safety as our Nation moves forward with developing its infrastructure.

Lorraine C. Miller,Clerk.


		II
		112th CONGRESS
		1st Session
		S. 1197
		IN THE SENATE OF THE UNITED STATES

			June 15, 2011
			Mr. Coats (for himself
			 and Mr. Lugar) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To provide for a feasibility study before carrying out
		  any Federal action relating to the Chicago Area Water System.

		1.DefinitionsIn this Act:
			(1)CAWSThe
			 term CAWS means the Chicago Area Water System.
			(2)Economic impact
			 statementThe term economic impact statement means
			 the economic impact statement described in section 2(b).
			(3)SecretaryThe
			 term Secretary means the Secretary of the Army, acting through the
			 Chief of Engineers.
			2.Duty to assess
			 the impact of Federal action on jobs and commercial activity
			(a)In
			 generalPrior to any major Federal action, as determined by the
			 Secretary, to prevent the introduction or establishment of a population of
			 aquatic nuisance species between the Great Lakes and the Mississippi River
			 Basins that would impact the flow of commerce or commercial activity within the
			 CAWS, the Secretary shall prepare an economic impact statement as described in
			 subsection (b).
			(b)Economic impact
			 statement
				(1)ContentsAn
			 economic impact statement required under subsection (a) shall include a
			 detailed statement by the Secretary relating to—
					(A)the impact of the
			 proposed action on the flow of commerce and commercial activity;
					(B)the impact of the
			 proposed action on jobs and job opportunities, including an assessment of the
			 quantity of jobs that would be lost and gained as a result of the proposed
			 action;
					(C)any adverse
			 economic effects that could not be avoided if the proposal is
			 implemented;
					(D)the alternatives
			 to the proposed action, including a cost-benefit analysis of each
			 alternative;
					(E)the relationship
			 between any local short-term impacts on commerce or commercial activity and
			 maintenance and enhancement of long-term productivity and environmental values;
			 and
					(F)any adverse
			 impacts to public or private property that could result if the proposal is
			 implemented, including damage relating to flooding or new water drainage
			 patterns.
					(2)Consultation
					(A)In
			 generalPrior to preparing an economic impact statement, the
			 Secretary shall consult with and obtain the comments of—
						(i)any
			 Federal or State agency that has jurisdiction by law or special expertise with
			 respect to any of the activities described in paragraph (1);
						(ii)communities
			 affected by the proposed Federal action described in subsection (a); and
						(iii)any other
			 stakeholders.
						(B)Public
			 participationA copy of each statement and any comments or views
			 obtained as a result of the consultation under subparagraph (A) shall—
						(i)be
			 made available on a publicly accessible Internet site; and
						(ii)accompany the
			 proposal described in subsection (a) through the applicable Federal agency
			 review process.
						(3)Combining
			 environmental and economic impact statementsAn economic impact
			 statement under this Act may be combined with a detailed statement of
			 environmental impacts required to be prepared under the National Environmental
			 Policy Act of 1969 (42 U.S.C. 4321 et seq.).


		I
		111th CONGRESS
		2d Session
		H. R. 6556
		IN THE HOUSE OF REPRESENTATIVES

			December 17, 2010
			Ms. Lee of California
			 (for herself and Mr. Scott of
			 Virginia) introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Transportation and
			 Infrastructure, for a period to be subsequently determined by
			 the Speaker, in each case for consideration of such provisions as fall within
			 the jurisdiction of the committee concerned

		A BILL
		To provide for the further temporary extension of the
		  emergency unemployment compensation program, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Emergency Unemployment Compensation
			 Expansion Act.
		2.Temporary extension of
			 unemployment insurance provisions
			(a)In
			 general(1)Section 4007 of the
			 Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note)
			 is amended—
					(A)by striking November 30,
			 2010 each place it appears and inserting January 3,
			 2012;
					(B)in the heading for subsection (b)(2), by
			 striking november 30,
			 2010 and inserting january 3, 2012;
			 and
					(C)in subsection (b)(3), by striking
			 April 30, 2011 and inserting June 9, 2012.
					(2)Section 2005 of the Assistance for
			 Unemployed Workers and Struggling Families Act, as contained in Public Law
			 111–5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended—
					(A)by striking December 1,
			 2010 each place it appears and inserting January 4,
			 2012; and
					(B)in subsection (c), by striking
			 May 1, 2011 and inserting June 11, 2012.
					(3)Section 5 of the Unemployment
			 Compensation Extension Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 note) is
			 amended by striking April 30, 2011 and inserting June 10,
			 2012.
				(b)FundingSection
			 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26
			 U.S.C. 3304 note) is amended—
				(1)in subparagraph (E), by striking
			 and at the end; and
				(2)by inserting after
			 subparagraph (F) the following:

						(G)the amendments
				made by sections 501(a)(1) and 503 of the Emergency Unemployment Compensation Expansion
				Act;
				and
						.
				(c)Effective
			 dateThe amendments made by this section shall take effect as if
			 included in the enactment of the Unemployment Compensation Extension Act of
			 2010 (Public Law 111–205).
			3.Temporary
			 modification of indicators under the extended benefit program
			(a)IndicatorSection
			 203(d) of the Federal-State Extended Unemployment Compensation Act of 1970 (26
			 U.S.C. 3304 note) is amended, in the flush matter following paragraph (2), by
			 inserting after the first sentence the following sentence: Effective
			 with respect to compensation for weeks of unemployment beginning after the date
			 of enactment of the Emergency Unemployment
			 Compensation Expansion Act (or, if later, the date established
			 pursuant to State law), and ending on or before December 31, 2011, the State
			 may by law provide that the determination of whether there has been a state
			 on or off indicator beginning or ending any
			 extended benefit period shall be made under this subsection as if the word
			 two were three in subparagraph
			 (1)(A)..
			(b)Alternative
			 triggerSection 203(f) of the Federal-State Extended Unemployment
			 Compensation Act of 1970 (26 U.S.C. 3304 note) is amended—
				(1)by redesignating
			 paragraph (2) as paragraph (3); and
				(2)by inserting after
			 paragraph (1) the following new paragraph:

						(2)Effective with respect to
				compensation for weeks of unemployment beginning after the date of enactment of
				the Emergency Unemployment Compensation
				Expansion Act (or, if later, the date established pursuant to
				State law), and ending on or before December 31, 2011, the State may by law
				provide that the determination of whether there has been a state
				on or off indicator beginning or ending any
				extended benefit period shall be made under this subsection as if the word
				either were any, the word both
				were all, and the figure 2 were 3
				in clause
				(1)(A)(ii).
						.
				4.Additional
			 first-tier emergency unemployment compensation
			(a)In
			 generalSection 4002(b)(1) of
			 the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304
			 note) is amended—
				(1)in subparagraph
			 (A), by striking 80 and inserting 131; and
				(2)in subparagraph
			 (B), by striking 20 and inserting 34.
				(b)Coordination
			 ruleSection 4002(f) of the Supplemental Appropriations Act, 2008
			 (Public Law 110–252; 26 U.S.C. 3304 note) is amended by adding the
			 following:

					(3)Rule relating to
				additional weeks of first-tier emergency unemployment
				compensationIf a State determines that implementation of the
				increased entitlement to first-tier emergency unemployment compensation by
				reason of the amendments made by section 503(a) of the
				Emergency Unemployment Compensation Expansion
				Act would unduly delay the prompt payment of emergency
				unemployment compensation under this title, such State may elect to pay
				second-tier emergency unemployment compensation prior to the payment of such
				increased first-tier emergency unemployment compensation until such time as
				such State determines that such increased first-tier emergency unemployment
				compensation may be paid without such undue delay. If a State makes the
				election under the preceding sentence, then, for purposes of determining
				whether an account may be augmented for third-tier emergency unemployment
				compensation under subsection (d), such State shall treat the date of
				exhaustion of such increased first-tier emergency unemployment compensation as
				the date of exhaustion of second-tier emergency unemployment compensation, if
				such date is later than the date of exhaustion of the second-tier emergency
				unemployment
				compensation.
					.
			(c)Effective
			 dateThe amendments made by this section shall take effect as if
			 included in the enactment of the Unemployment Compensation Extension Act of
			 2010 (Public Law 111–205), except that no additional first-tier emergency
			 unemployment compensation shall be payable by virtue of the amendments made by
			 subsection (a) (beyond the maximum amount that would have been payable absent
			 those amendments) with respect to any week of unemployment commencing before
			 the date of the enactment of this Act.
			5.Technical
			 correction relating to repeal of continued dumping and subsidy offset
			(a)In
			 generalSection 822(2)(A) of
			 the Claims Resolution Act of 2010 is amended by striking or and
			 inserting and.
			(b)Effective
			 dateThe amendment made by subsection (a) shall take effect as if
			 included in the provisions of the Claims Resolution Act of 2010.
			6.Additional extended
			 unemployment benefits under the Railroad Unemployment Insurance Act
			(a)ExtensionSection
			 2(c)(2)(D)(iii) of the Railroad Unemployment Insurance Act, as added by section
			 2006 of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5)
			 and as amended by section 9 of the Worker, Homeownership, and Business
			 Assistance Act of 2009 (Public Law 111–92), is amended—
				(1)by striking
			 June 30, 2010 and inserting June 30, 2011;
			 and
				(2)by striking
			 December 31, 2010 and inserting December 31,
			 2011.
				(b)Clarification on
			 authority To use fundsFunds appropriated under either the first
			 or second sentence of clause (iv) of section 2(c)(2)(D) of the Railroad
			 Unemployment Insurance Act shall be available to cover the cost of additional
			 extended unemployment benefits provided under such section 2(c)(2)(D) by reason
			 of the amendments made by subsection (a) as well as to cover the cost of such
			 benefits provided under such section 2(c)(2)(D), as in effect on the day before
			 the date of the enactment of this Act.


115 HR 3894 IH: Tribal Heritage and Grizzly Bear Protection Act
U.S. House of Representatives
2017-10-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 3894IN THE HOUSE OF REPRESENTATIVESOctober 2, 2017Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo protect grizzly bear populations, and for other purposes.

 1.Short titleThis Act may be cited as the Tribal Heritage and Grizzly Bear Protection Act. 2.Protection of grizzly bears (a)Prohibited actsExcept as provided in section 3, it is unlawful for any person—
 (1)to take, possess, or transport a grizzly bear, or any part thereof; (2)to violate any condition of a permit issued under section 3; or
 (3)to violate any regulation issued by the Secretary pursuant to this Act. (b)NonapplicationThis Act shall not apply to—
 (1)a grizzly bear, or any part thereof, in a population that is listed as a threatened species or an endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533);
 (2)a grizzly bear, or any part thereof, taken, possessed, or transported in the State of Alaska; or (3)a taking that is imminently necessary for self-defense or to save the life of a person in immediate danger.
				(c)Civil penalty
 (1)Knowing violationAny person who knowingly violates subsection (a) may be assessed a civil penalty by the Secretary under the first sentence of section 11(a) of the Endangered Species Act of 1973 (16 U.S.C. 1540(a)) as if such person has knowingly violated a provision of such Act.
 (2)Unknowing violationAny person who, other than knowingly, violates subsection (a) may be assessed a civil penalty by the Secretary under the third sentence of section 11(a) of the Endangered Species Act of 1973 (16 U.S.C. 1540(a)) as if such person has otherwise violated a provision of such Act.
 (d)Criminal penaltyAny person who knowingly violates subsection (a) shall, upon conviction, be punished in the same manner as a person who commits a violation punishable under the first sentence of section 11(b) of the Endangered Species Act of 1973 (16 U.S.C. 1540(b)).
 (e)Cancellation of grazing authorizationsAny lease, license, permit, or agreement issued by the head of any Federal agency to a person authorizing the grazing of domestic livestock on Federal lands shall have no force or effect upon the conviction of such person of a violation of subsection (a). The United States shall not be liable for the payment of any compensation, reimbursement, or damages in connection with the cancellation of any lease, license, permit, or agreement pursuant to this subsection.
			3.Permitted taking of grizzly bears
 (a)In generalThe Secretary may issue a permit in accordance with this section authorizing the taking, possession, or transport of a grizzly bear, or any part thereof, that is otherwise prohibited by section 2.
 (b)ConditionsThe Secretary may issue a permit under this section only if the Secretary has— (1)investigated the circumstances that gave rise to the permit application;
 (2)determined that such taking, possession, or transport is compatible with the protection of the grizzly bear species or a population of grizzly bears occupying a geographically distinct area; and
 (3)determined that such taking, possession, or transport is an allowable taking, possession, or transport under subsection (c).
 (c)Allowable takings, possessions, or transportsFor the purpose of subsection (b)(3), an allowable taking, possession, or transport is any of the following:
 (1)Scientific or exhibition purposesTaking, possessing, or transporting a grizzly bear, or any part thereof, for the scientific or exhibition purposes of a—
 (A)public museum; (B)scientific society; or
 (C)zoological park that is accredited by the Association of Zoos and Aquariums. (2)Religious purposes of federally recognized Indian TribeTaking, possessing, or transporting a grizzly bear, or any part thereof, for the religious purposes of a federally recognized Indian Tribe.
				(3)Protection of agricultural interests or public safety
 (A)In generalSubject to subparagraph (B), taking, possessing, or transporting a grizzly bear, or any part thereof, during such time period and in such location as the Secretary determines to be necessary to protect agricultural interests or public safety in such location.
 (B)Requirements for takingBefore making a determination under subparagraph (A) with respect to a taking— (i)the Governor of the State in which the taking will occur must request, in writing, that the Secretary make such determination;
 (ii)the Secretary must conclude that nonlethal deterrents have been used in such location and proven ineffective to mitigate the threat of the grizzly bear to agricultural interests or public safety; and
 (iii)the Secretary must determine, in consultation with the Interagency Grizzly Bear Study Team and each federally recognized Indian Tribe identified in the report required under section 6(a)(2), that the grizzly bear cannot be relocated to support—
 (I)efforts under section 6 to reintroduce grizzly bears on Tribal land; or (II)recovery efforts for a grizzly bear population listed as a threatened species or an endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533).
 (d)No permits for takings that would exceed mortality limitThe Secretary may not issue a permit under this section for the taking of a grizzly bear if such taking would cause the total mortality for any population or subpopulation of grizzly bears to exceed the scientifically recommended limit determined by the Interagency Grizzly Bear Study Team.
 (e)Sport huntingNothing in this section may be construed to allow sport hunting of grizzly bears. (f)NonalienabilityA person who has been issued a permit under this section may not sell, transfer, assign, or otherwise alienate the authority granted to such person by such permit.
 (g)Conduct requirementsTaking, possessing, or transporting a grizzly bear, or any part thereof, under this Act shall be conducted in a manner consistent with—
 (1)the conditions of the permit authorizing such taking, possession, or transport; and (2)the provisions of this Act.
 4.Livestock loss preventionPublic Law 111–11 is amended— (1)in section 6202 (7 U.S.C. 426 note)—
 (A)in the heading of such section, by inserting and grizzly bear after Wolf; (B)in the matter preceding subsection (a)(1), by striking 5-year;
 (C)in subsection (a)(1), by inserting and grizzly bears after wolves; and (D)in subsection (b)(2)(A), by inserting and grizzly bears after wolves; and
 (2)in section 6203 (7 U.S.C. 426 note), by striking $1,000,000 for fiscal year 2009 and inserting $5,000,000 for fiscal year 2018. 5.Consultation with Indian Tribes (a)Consultation required before issuing permitBefore issuing a permit under this Act that authorizes an activity to be carried out on the Tribal land of a federally recognized Indian Tribe, the Secretary shall consult with such federally recognized Indian Tribe.
 (b)Consultation required before taking major Federal actionBefore taking any Federal action that may negatively impact grizzly bear habitat or increase grizzly bear mortality the Secretary or the Secretary of Agriculture, respectively, shall consult with—
 (1)the Interagency Grizzly Bear Study Team; and (2)the relevant federally recognized Indian Tribe.
 (c)RequirementAny consultation conducted with a federally recognized Indian Tribe under this section— (1)shall be meaningful and be conducted within a framework developed with the free, prior, and informed consent of that Indian Tribe;
 (2)shall be carried out through cooperative management agreements between the Secretary, the Secretary of Agriculture, and that Indian Tribe; and
 (3)may, at the option of the Indian Tribe, be entered into under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.).
				6.Reintroduction of grizzly bears on Tribal land
			(a)Public report required
 (1)StudyThe Interagency Grizzly Bear Study Team, in consultation with each federally recognized Indian Tribe whose Tribal land is located within the historical range of the grizzly bear, shall conduct a study to identify Tribal land that is located within the historical range of the grizzly bear and is suitable to support grizzly bear populations.
 (2)ReportNot later than 2 years after the date of the enactment of this Act, the Interagency Grizzly Bear Study Team shall make publically available on the website of the Interagency Grizzly Bear Study Team a report containing the results of the study conducted under paragraph (1).
 (b)NotificationNot later than 30 days after the report is made available under subsection (a)(2), the Secretary shall notify each federally recognized Indian Tribe whose Tribal land was identified in the report required under subsection (a)(1) that grizzly bears may be reintroduced on the identified Tribal land in accordance with this Act.
 (c)ReintroductionIf a federally recognized Indian Tribe notified under subsection (b) notifies the Secretary that it agrees to have grizzly bears reintroduced on its Tribal land, the Secretary shall coordinate with that federally recognized Indian Tribe to reintroduce grizzly bears to such Tribal land.
 (d)Manner of relocationThe relocation of grizzly bears under subsection (c) shall be carried out by the Secretary in a manner that is consistent with—
 (1)the scientific advice of the Interagency Grizzly Bear Study Team; (2)the traditional ecological knowledge of the respective federally recognized Indian Tribe; and
 (3)Secretarial Order 3342, dated October 21, 2016. (e)Protection of public safetyA grizzly bear that has been identified by the Secretary as a threat to public safety shall not be eligible for reintroduction under this section.
 (f)Other reintroduction effortsNothing in this Act shall affect any effort by the Secretary to reintroduce a grizzly bear on lands other than the lands specified in this Act.
			7.Miscellaneous
 (a)Limitation on use of predator control measuresThe Secretary or the Secretary of Agriculture, respectively, shall prohibit on lands under such Secretary’s jurisdiction the use of predator control measures that the Interagency Grizzly Bear Study Team has determined may result in the inadvertent taking of grizzly bears.
 (b)Meeting and advisementThe Interagency Grizzly Bear Committee and the Interagency Grizzly Bear Study Team shall meet with and advise State and Federal wildlife managers and affected federally recognized Indian Tribes.
 (c)Inclusion of members of federally recognized Indian Tribes on Interagency Grizzly Bear CommitteeThe Interagency Grizzly Bear Committee shall include not less than 1 member of each federally recognized Indian Tribe whose Tribal land is—
 (1)inhabited by grizzly bears; or (2)identified in the report required under section 6(a)(2) as suitable to support grizzly bear populations.
 (d)PartnershipThe Secretary, the Secretary of Agriculture, and relevant federally recognized Indian Tribes shall manage grizzly bears reintroduced on Tribal land under this Act using the best available science and consistent with the cultural imperatives of those federally recognized Indian Tribes, as defined in The Grizzly: A Treaty of Cooperation, Cultural Revitalization and Restoration.
 8.DefinitionsIn this Act: (1)Grizzly bearThe term grizzly bear means a member of the subspecies Ursus arctos horribilis.
 (2)Historical range of the grizzly bearThe term historical range of the grizzly bear means the range determined by the Interagency Grizzly Bear Study Team using the best available scientific and historical information.
 (3)SecretaryThe term Secretary means the Secretary of the Interior. (4)TakeThe term take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.
 (5)Tribal landThe term Tribal land means— (A)land located within the boundaries of an Indian reservation, pueblo, or Rancheria;
 (B)land not located within the boundaries of an Indian reservation, pueblo, or Rancheria, title to which is held—
 (i)in trust by the United States for benefit of an Indian tribe or an individual Indian; (ii)by an Indian tribe or an individual Indian, subject to restriction against alienation under laws of the United States; or
 (iii)by a dependent Indian community; and (C)land that is owned by an Indian tribe and was conveyed by the United States to a Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) or that was conveyed by the United States to a Native Corporation in exchange for such land.


		II
		112th CONGRESS
		1st Session
		S. 702
		IN THE SENATE OF THE UNITED STATES

			March 31, 2011
			Mr. Lieberman (for
			 himself and Mr. Blumenthal) introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To authorize funding for, and increase accessibility to,
		  the National Missing and Unidentified Persons System, to facilitate data
		  sharing between such system and the National Crime Information Center database
		  of the Federal Bureau of Investigation, to provide incentive grants to help
		  facilitate reporting to such systems, and for other purposes.

		1.Short titleThis Act may be cited as Billy’s Law or the
			 Help Find the Missing
			 Act.
		2.Authorization of
			 the National Missing and Unidentified Persons System
			(a)In
			 generalThe Attorney General, through the Director of the
			 National Institute of Justice, is authorized to maintain public databases,
			 known as the National Missing and Unidentified Persons System or
			 NamUs, to contain missing persons records and unidentified remains
			 cases for purposes of assisting to identify missing people and solve cases of
			 unidentified human remains. All functions, personnel, assets, liabilities, and
			 administrative actions applicable to the National Missing and Unidentified
			 Persons System carried out by the National Institute of Justice on the date
			 before the date of the enactment of this Act shall be transferred to the
			 National Missing and Unidentified Persons System authorized under this section
			 as of the date of the enactment of this Act.
			(b)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this section not more than a total of $2,400,000 for each of the fiscal
			 years 2012 through 2017. Notwithstanding any other provision of law, the total
			 amount of Federal funds made available for any of the fiscal years 2012 through
			 2017 to maintain NamUs may not exceed the amount described in the previous
			 sentence.
			3.Sharing of
			 information between NCIC and NamUS
			(a)Sharing of
			 informationNot later than the end of the 30-day period beginning
			 on the date the online data entry format is updated under subsection (c), the
			 Attorney General shall, in accordance with this section, provide for
			 information on missing persons and unidentified human remains contained in the
			 NCIC database (as defined in section 7) to be transmitted to, entered in, and
			 otherwise shared with the NamUs databases (as defined in such section) and for
			 such information contained in the NamUs databases to be transmitted to, entered
			 in, and otherwise shared with the NCIC database.
			(b)Rules on
			 confidentiality
				(1)In
			 generalNot later than 1 year after the date of the enactment of
			 this Act, the Attorney General, in consultation with the Director of the
			 Federal Bureau of Investigation (in this Act referred to as the
			 FBI), shall promulgate rules pursuant to notice and comment that
			 specify the information the Attorney General may provide from the NCIC files to
			 the NamUs databases for purposes of this Act. Such rules shall—
					(A)provide for the protection of confidential,
			 private, and law enforcement sensitive information contained in the NCIC
			 files;
					(B)be promulgated
			 only after the Director approves recommendations by the Advisory Policy Board
			 of the Criminal Justice Information Services Division of the FBI;
					(C)specify the
			 circumstances in which portions of information may be withheld from transfer,
			 entry, or sharing from the NCIC database to the NamUs databases; and
					(D)provide that once
			 an authorized agency provides an authorization to permit the transmission,
			 entering, or sharing of information (or portions of information) from the NCIC
			 database to the NamUs databases, such authorization shall be deemed to apply to
			 any updates made to such information, unless otherwise specified by the
			 agency.
					In addition
			 to promulgating such rules, the Attorney General, in consultation with the
			 Director of the FBI, may also promulgate rules to further protect confidential,
			 private, and law enforcement sensitive information, such as by creating process
			 to permit an individual who is 21 years of age or older to proactively prohibit
			 NamUs from creating a profile for the individual within the NamUs database if
			 the individual were to go missing in the future, and to permit an individual
			 who is 21 years of age or older and who is voluntarily missing to request the
			 removal of a published profile of the individual from the NamUs
			 database.(2)Submissions
			 prior to online data entry format updateWith respect to
			 information submitted to the NCIC database before the end of the 30-day period
			 specified in subsection (a), the Attorney General may solicit from appropriate
			 authorized agencies authorization to transmit, enter, or share such
			 information.
				(c)Updates
				(1)In
			 generalNot later than 1 year after the date of the enactment of
			 this Act, the Attorney General shall update the online data entry format for
			 the NCIC database and NamUs databases to provide State criminal justice
			 agencies, offices of medical examiners, and offices of coroners with the option
			 to authorize the submission of new information and data that is reported to and
			 entered into the NCIC database to simultaneously be submitted to and entered
			 into the NamUs databases.
				(2)NCIC
			 format
					(A)In
			 generalIn the case of the NCIC database, an update described in
			 paragraph (1) shall include—
						(i)an
			 update to the NCIC database online data entry format that States use in
			 submitting missing persons and unidentified remains reports, including the
			 addition of a new data field allowing States, on behalf of the authorized
			 agency that originally submitted the data, to select whether or not to have the
			 NCIC report, subject to the rules promulgated under subsection (b), shared with
			 the NamUs databases; and
						(ii)subject to
			 subparagraph (B), a requirement that as a condition of participating in the
			 NCIC database, States must update their missing persons and unidentified
			 remains collection processes from local and tribal law enforcement, medical
			 examiners, and coroners to enable the States to acquire information on whether
			 or not the authorized agencies originally submitting data with respect to a
			 missing person or unidentified remains have provided authorization to share the
			 information with the NamUs databases.
						(B)ExceptionSubparagraph
			 (A)(ii) shall not apply with respect to any State that has in effect a State
			 law providing for a methodology to authorize the sharing of information between
			 the NCIC database and NamUs databases.
					(d)Amendments to
			 title XXXVII of the Crime Control Act of 1990 To require
			 reports of missing children to NamUs
				(1)Reporting
			 requirementSection 3701(a) of title XXXVII of the
			 Crime Control Act of 1990 (42 U.S.C. 5779(a)) is amended
			 by striking the period and inserting the following: and, consistent with
			 section 3 (including rules promulgated pursuant to section 3(b)) of the
			 Help Find the Missing Act, shall also report such case,
			 either directly or through authorization described in such section to transmit,
			 enter, or share information on such case, to the NamUs databases (as defined in
			 section 7 of such Act)..
				(2)State
			 requirementsSection 3702 of title XXXVII of the Crime
			 Control Act of 1990 (42 U.S.C. 5780) is amended—
					(A)in paragraph (2),
			 by striking or the National Crime Information Center computer
			 database and inserting , the National Crime Information Center
			 computer database, or the NamUs databases (as defined in section 7 of the Help
			 Find the Missing Act);
					(B)in paragraph (3),
			 by striking and the National Crime Information Center computer
			 networks and inserting , the National Crime Information Center
			 computer networks, and the NamUs databases (as so defined); and
					(C)in paragraph
			 (4)—
						(i)in
			 the matter preceding subparagraph (A), by inserting or the NamUs
			 databases after National Crime Information Center;
			 and
						(ii)in
			 subparagraph (A), by striking and National Crime Information Center
			 computer networks and inserting , National Crime Information
			 Center computer networks, and the NamUs databases.
						(3)Effective
			 dateThe amendments made by this subsection shall apply with
			 respect to reports made before, on, or after the date of the enactment of this
			 Act beginning on the last day of the 30-day period described in subsection
			 (a).
				(e)Authorized
			 agencies authority To override informationAn authorized agency
			 may remove or override information (or portions of information) from the NamUs
			 database and the NCIC database, as transferred from the NamUs database under
			 this Act, if such information is submitted on behalf of a public user and such
			 information is deemed by the authorized agency to be inaccurate.
			4.Incentive grants
			 program
			(a)EstablishmentNot
			 later than 1 year after the date of enactment of this Act, the Attorney General
			 shall establish a program to provide grants to qualifying law enforcement
			 agencies (as defined in subsection (j)), offices of coroners, offices of
			 medical examiners, and other authorized agencies to facilitate the process of
			 reporting information regarding missing persons and unidentified remains to the
			 NCIC database and NamUs databases for purposes of assisting in locating such
			 missing persons and identifying such remains.
			(b)RequirementsAs
			 a condition of a grant under this section, a grant recipient shall, with
			 respect to each case reported to the agency or office of the recipient relating
			 to a missing person described in a category under subsection (e) or relating to
			 unidentified remains—
				(1)not later than 72
			 hours after such case is reported to the agency or office and consistent with
			 subsection (c), submit to the NCIC database and NamUs databases—
					(A)in the case of a
			 missing person described in a category under subsection (e), at least the
			 minimum information described in subsection (f)(1); and
					(B)in the case of
			 unidentified remains, at least the minimum information described in subsection
			 (f)(2); and
					(2)not later than 60
			 days after the original entry of the report, verify and update any original
			 report entered into the State law enforcement system, the NCIC database, or
			 NamUs databases after receipt of the grant with any additional information,
			 including, to the greatest extent possible—
					(A)information on the
			 extent to which DNA samples are available, including the availability of such
			 samples submitted to the National DNA Index System under subsection
			 (b)(3);
					(B)fingerprints,
			 medical and dental records, and photographs of any distinguishing
			 characteristics such as scars, marks, tattoos, piercings, and other unique
			 physical characteristics;
					(C)in the case of
			 unidentified remains, photographs or digital images that may assist in
			 identifying the decedent, including fingerprint cards, radiographs, palmprints,
			 and distinctive features of the decedent’s personal effects; and
					(D)any other
			 information determined to be appropriate by the Attorney General; and
					(3)not later than 60
			 days after the original entry of the report, to the greatest extent possible,
			 submit to the National DNA Index System of the Federal Bureau of Investigation,
			 established pursuant to section 210304 of the Violent Crime Control
			 and Law Enforcement Act of 1994, (either directly or through use of
			 NamUs victims assistance resources and DNA collection services) DNA samples and
			 information relating to such case.
				For
			 purposes of paragraph (2), in the case of information a grant recipient
			 authorizes to be transferred, entered, or shared under section 3 between the
			 NCIC database and NamUs databases, any update to such information shall be
			 simultaneously made with respect to both databases unless specified otherwise
			 by the recipient.(c)Submission of
			 reportsTo satisfy subsection (b)(1), a recipient of a grant
			 under this section shall submit information required under such
			 subsection—
				(1)separately to the
			 NCIC database and NamUs databases; or
				(2)in accordance with
			 section 3, simultaneously to the NamUs databases when reporting to the NCIC
			 database or to the NCIC database when reporting to the NamUs databases.
				(d)Permissible use
			 of funds
				(1)In
			 generalThe permissible uses of grants awarded under this section
			 include the use of funds—
					(A)to hire additional
			 personnel, to acquire technology to facilitate timely data entry into the
			 relevant databases;
					(B)to conduct
			 contracting activities relevant to outsourcing the processing of unidentified
			 remains and the reporting of the resulting information to the NCIC database and
			 NamUs databases;
					(C)to train local law
			 enforcement personnel, medical examiners, and coroners to use the NCIC database
			 and NamUs databases;
					(D)to assist States’
			 transition into the new system under which information is shared between the
			 NCIC database and NamUs databases; and
					(E)for other purposes
			 consistent with the goals of this section.
					(2)ClarificationIn
			 no case may a recipient of a grant under this section use funds to enter or
			 help facilitate the entrance of any false or misleading information about
			 missing persons or unidentified remains.
				(e)Categories of
			 missing personsThe categories of missing persons described in
			 this subsection are the following:
				(1)A
			 missing person age 21 or older who—
					(A)is senile or is
			 suffering from a proven mental or physical disability, as documented by a
			 source deemed credible to an appropriate law enforcement entity; or
					(B)is missing under
			 circumstances that indicate, as determined by an appropriate law enforcement
			 entity—
						(i)that
			 the person’s physical safety may be endangered;
						(ii)that the
			 disappearance may not have been voluntary, such as abduction or kidnaping;
			 or
						(iii)that the
			 disappearance may have been caused by a natural disaster or catastrophe (such
			 as an airplane crash or terrorist attack).
						(2)A
			 missing person who does not meet the criteria described in paragraph (1) but
			 who meets one of the following criteria:
					(A)There is a
			 reasonable concern, as determined by an appropriate law enforcement entity, for
			 the safety of the missing person.
					(B)The person is
			 under age 21 and emancipated under the laws of the person’s State of
			 residence.
					(f)Minimum
			 information required
				(1)Content for
			 missing personsThe minimum information described in this
			 section, with respect to a missing person, is the following:
					(A)The name, date of
			 birth, city and State of residence, gender, race, height, weight, eye color,
			 and hair color of the missing person.
					(B)The date and
			 location of the last known contact with the missing person.
					(C)The category
			 described in subsection (e) in which the missing person is classified.
					(2)Content for
			 unidentified human remainsThe minimum information described in
			 this section, with respect to unidentified human remains, is the
			 following:
					(A)The estimated age,
			 gender, race, height, weight, hair color, and eye color.
					(B)Any distinguishing
			 characteristics such as scars, marks, tattoos, piercings, and other unique
			 physical characteristics.
					(C)A description of
			 clothing found on the decedent.
					(D)City and State
			 where the unidentified human remains were found.
					(E)Information on how
			 to contact the law enforcement agency handling the investigation and the
			 unidentified human remains.
					(F)Information on the
			 extent to which DNA samples are available, including the availability of such
			 samples submitted to the National DNA Index System under subsection
			 (b)(3).
					(g)AdministrationThe
			 Attorney General shall prescribe requirements, including with respect to
			 applications, for grants awarded under this section and shall determine the
			 amount of each such grant.
			(h)ConfidentialityAs
			 a condition of a grant under this section, the recipient of the grant shall
			 ensure that information reported under the grant meets the requirements
			 promulgated by the Attorney General under section 3(b)(1).
			(i)Annual
			 summaryFor each of the fiscal years 2013 through 2016, the
			 Attorney General shall publish an annual statistical summary of the reports
			 required by subsection (c).
			(j)Qualifying law
			 enforcement agency definedFor purposes of this Act, the term
			 qualifying law enforcement agency means a State, local, or tribal
			 law enforcement agency.
			(k)Funding
				(1)Matching
			 requirementThe Attorney
			 General may not make a grant under subsection (a) unless the applicant involved
			 agrees, with respect to the costs to be incurred by the applicant in carrying
			 out the purposes described in this section, to make available non-Federal
			 contributions (in cash or in kind) toward such costs in an amount equal to not
			 less than $1 for each $2 of Federal funds provided in the grant.
				(2)Authorization of
			 appropriationsThere is authorized to be appropriated to carry
			 out this section $8,000,000 for each of the fiscal years 2012 through
			 2016.
				5.Report on best
			 practicesNot later than 1
			 year after the date of the enactment of this Act, the Attorney General shall
			 issue a report to offices of medical examiners, offices of coroners, and
			 Federal, State, local, and tribal law enforcement agencies describing the best
			 practices for the collection, reporting, and analysis of data and information
			 on missing persons and unidentified human remains. Such best practices
			 shall—
			(1)provide an
			 overview of the NCIC database and NamUs databases;
			(2)describe how local
			 law enforcement agencies, offices of medical examiners, and offices of coroners
			 should access and use the NCIC database and NamUs databases;
			(3)describe the
			 appropriate and inappropriate uses of the NCIC database and NamUs databases;
			 and
			(4)describe the
			 standards and protocols for the collection, reporting, and analysis of data and
			 information on missing persons and unidentified human remains.
			6.Report to
			 Congress
			(a)In
			 generalNot later than 1 year after the date of the enactment of
			 this Act and biennially thereafter, the Attorney General shall submit to the
			 Committee on the Judiciary of the House of Representatives and the Committee on
			 the Judiciary of the Senate a report describing the status of the NCIC database
			 and NamUs databases.
			(b)ContentsThe
			 report required by subsection (a) shall describe, to the extent available,
			 information on—
				(1)the process of
			 information sharing between the NCIC database and NamUs databases; and
				(2)the programs
			 funded by grants awarded under section 4.
				7.DefinitionsFor the purposes of this Act, the following
			 definitions apply:
			(1)Authorized
			 AgencyThe term authorized agency means a Government
			 agency with an originating agency identification (ORI) number and that is a
			 criminal justice agency, as defined for purposes of subpart A of part 20 of
			 title 28, Code of Federal Regulations.
			(2)NamUs
			 DatabasesThe term NamUs databases means the
			 National Missing and Unidentified Persons System Missing Persons database and
			 National Missing and Unidentified Persons System Unidentified Decedents
			 database maintained by the National Institute of Justice of the Department of
			 Justice.
			(3)NCIC
			 DatabaseThe term NCIC database means the National
			 Crime Information Center Missing Person File and National Crime Information
			 Center Unidentified Person File of the National Crime Information Center
			 database of the Federal Bureau of Investigation, established pursuant to
			 section 534 of title 28, United States Code.
			(4)StateThe
			 term State means any State of the United States, the District of
			 Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa,
			 Guam, and the Commonwealth of the Northern Mariana Islands.


 HR 1952 ENR: Intercountry Adoption Information Act of 2019
U.S. House of Representatives

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
One Hundred Sixteenth Congress of the United States of AmericaAt the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and twenty
H. R. 1952

AN ACT
To amend the Intercountry Adoption Act of 2000 to require the Secretary of State to report on intercountry adoptions from countries which have significantly reduced adoption rates involving immigration to the United States, and for other purposes.

1.Short titleThis Act may be cited as the Intercountry Adoption Information Act of 2019. 2.Additional information to be included in annual report on intercountry adoptions (a)Report elementsSection 104(b) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914(b)) is amended by adding at the end the following new paragraphs:

(9)A list of countries that established or maintained a significant law or regulation that prevented or prohibited adoptions involving immigration to the United States, regardless of whether such adoptions occurred under the Convention. (10)For each country listed under paragraph (9), the date on which the law or regulation was initially implemented.
(11)Information on efforts taken with respect to a country listed under paragraph (9) to encourage the resumption of halted or stalled adoption proceedings involving immigration to the United States, regardless of whether the adoptions would have occurred under the Convention. (12)Information on any action the Secretary carried out that prevented, prohibited, or halted any adoptions involving immigration to the United States, regardless of whether the adoptions occurred under the Convention.
(13)For each country listed pursuant to paragraph (12), a description of— (A)what policies, procedures, resources, and safeguards the country lacks, or other shortcomings or circumstances, that caused the action to be carried out;
(B)what progress the country has made to alleviate those shortcomings; and (C)what steps the Department of State has taken in order to assist the country to reopen intercountry adoptions.
(14)An assessment of the impact of the fee schedule of the Intercountry Adoption Accreditation and Maintenance Entity on families seeking to adopt internationally, especially low-income families, families seeking to adopt sibling groups, or families seeking to adopt children with disabilities.. (b)Public availability of reportSection 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) is amended by adding at the end the following new subsection:

(c)Public availability of reportThe Secretary shall make the information contained in the report required under subsection (a) available to the public on the website of the Department of State.. (c)Privacy concernsIn complying with the amendments made by subsections (a) and (b), the Secretary shall avoid, to the maximum extent practicable, disclosing any personally identifiable information relating to United States citizens or the adoptees of such citizens.
(d)Conforming amendmentSection 104(a) of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914(a)) is amended by striking International Relations and inserting Foreign Affairs. (e)Application dateThe amendments made by this section shall apply with respect to reports required to be submitted under section 104 of the Intercountry Adoption Act of 2000 (42 U.S.C. 14914) beginning on the date that is 180 days after the date of enactment of this Act.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


116 HR 5082 IH: Gigabit Opportunity Act
U.S. House of Representatives
2019-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 5082IN THE HOUSE OF REPRESENTATIVESNovember 14, 2019Mr. Collins of Georgia (for himself, Mr. Cuellar, Mr. Riggleman, Mr. Loudermilk, Mr. Hurd of Texas, Mr. Tipton, Mr. Pence, Mr. Wittman, and Mr. Mooney of West Virginia) introduced the following bill; which was referred to the Committee on Ways and Means, 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 concernedA BILLTo amend the Internal Revenue Code of 1986 to provide tax benefits for investments in gigabit
			 opportunity zones.

 1.Short titleThis Act may be cited as the Gigabit Opportunity Act. 2.Gigabit Opportunity Zones (a)In generalChapter 1 of the Internal Revenue Code of 1986 is amended by inserting after subchapter V the following new subchapter:

					WGigabit Opportunity Zones

							Sec. 1400W–1. Designation.
							Sec. 1400W–2. Deferral for eligible taxpayer of capital gains invested in gigabit opportunity
			 zones.
							Sec. 1400W–3. Immediate expensing of qualified gigabit opportunity zone business property.

						1400W–1.Designation
 (a)Qualified gigabit opportunity zone definedFor the purposes of this subchapter, the term qualified gigabit opportunity zone means a population census tract that is a low-income community— (1)which does not have fixed terrestrial broadband service that meets the current speed benchmark for fixed services (as determined by the Federal Communications Commission in its most recent report issued pursuant to section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)),
 (2)which is located in a jurisdiction— (A)that has been certified by Secretary, in consultation with the National Telecommunications and Information Administration, as having adopted the Uniform Model Broadband Deployment Act prescribed by the Federal Communications Commission pursuant to section 4 of the Gigabit Opportunity Act, or
 (B)which has been determined by the Secretary, in consultation with the National Telecommunications and Information Administration, to have adopted laws which are comparable to such Uniform Model Broadband Deployment Act, and
 (3)which is designated as a qualified gigabit opportunity zone. Paragraph (1)(B) shall not apply with respect to any jurisdiction for which a determination has been made after the date which is 3 years after the date of the enactment of this section.(b)Designation (1)In generalFor purposes of subsection (a)(3), a population census tract that is a low-income community and which meets the requirements of paragraph (1) of subsection (a) is designated as a qualified gigabit opportunity zone if—
 (A)not later than the end of the determination period, the governor of the State in which the tract is located—
 (i)nominates the tract for designation as a qualified gigabit opportunity zone, and (ii)notifies the Secretary in writing of such nomination, and
 (B)the Secretary certifies such nomination and designates such tract as a qualified gigabit opportunity zone before the end of the consideration period.
 (2)Extension of periodsA governor may request that the Secretary extend either the determination or consideration period, or both (determined without regard to this subparagraph), for an additional 30 days.
 (c)Other definitionsFor purposes of this subsection— (1)Low-income communitiesThe term low-income community has the same meaning as when used in section 45D(e).
								(2)Definition of periods
 (A)Consideration periodThe term consideration period means the 30-day period beginning on the date on which the Secretary receives notice under subsection (b)(1)(A)(ii), as extended under subsection (b)(2).
 (B)Determination periodThe term determination period means the 90-day period beginning on the date on which the State adopts the Uniform Model Broadband Deployment Act described in subsection (a)(2)(A), as extended under subsection (b)(2).
 (d)Guidance for opportunity zone nominationsWhen considering the nomination of qualified gigabit opportunity zones, governors should strive for the creation of qualified gigabit opportunity zones that are geographically concentrated and contiguous clusters of population census tracts and should give particular consideration to areas that—
 (1)are currently facing obstacles to economic development due to a lack of geographic broadband coverage or a lack of broadband speed,
 (2)are currently the focus of mutually reinforcing State, local, or private economic development initiatives, and
								(3)
 (A)are poised for economic growth that requires access to high speed broadband for commercial purposes, and
 (B)represent the areas of a State where such service would result in the highest return on investment. (e)Number of designations (1)In generalExcept as provided by paragraph (2), the number of population census tracts in a State that may be designated as qualified gigabit opportunity zones under this section may not exceed 25 percent of the number of low-income communities in the State.
 (2)ExceptionIf the number of low-income communities in a State is less than 100, then a total of 25 of such tracts may be designated as qualified gigabit opportunity zones.
								(f)Designation of tracts contiguous with low-Income communities
 (1)In generalA population census tract that is not a low-income community may be designated as a qualified gigabit opportunity zone under this section if—
 (A)such tract meets the requirements of paragraph (1) of subsection (a), (B)the tract is contiguous with the low-income community that is designated as a qualified gigabit opportunity zone, and
 (C)the median family income of the tract does not exceed 150 percent of the median family income of the low-income community with which the tract is contiguous.
 (2)LimitationNot more than 25 percent of the population census tracts designated in a State as a qualified gigabit opportunity zone may be designated under paragraph (1).
 (g)Period for which designation is in effectA designation as a qualified gigabit opportunity zone shall remain in effect for the period beginning on the date of the designation and ending at the close of the 7th calendar year beginning on or after such date of designation.
							1400W–2.Deferral for eligible taxpayer of capital gains invested in gigabit opportunity zones
							(a)In general
 (1)Exclusion of gain invested in gigabit opportunity zone propertyIn the case of gain from the sale to, or exchange with, an unrelated person of any property held by an eligible taxpayer, at the election of the eligible taxpayer—
 (A)gross income for the taxable year shall not include so much of such gain as does not exceed the aggregate cost of all qualified gigabit opportunity zone property acquired by the taxpayer during the 180-day period beginning on the date of such sale or exchange, and
 (B)the amount of gain excluded by subparagraph (A) shall be included in gross income as provided by paragraph (2).
									(2)Deferral of gain invested in qualified gigabit opportunity zone property
 (A)Year of inclusionExcept as provided by subparagraph (C), gain to which paragraph (1)(B) applies shall be included in income in the taxable year in which the qualified gigabit opportunity zone property related to such gain is sold or exchanged in the amount determined under subparagraph (B).
 (B)Amount includibleThe amount of gain determined under this clause shall be— (i)100 percent of such gain in the case of the sale or exchange of the qualified gigabit opportunity zone property with respect to which gain is deferred under paragraph (1) that is held for less than 5 years,
 (ii)90 percent of such gain in the case of the sale or exchange of the qualified gigabit opportunity zone property with respect to which gain is deferred under paragraph (1) that is held for at least 5 years but less than 7 years, and
 (iii)85 percent of such gain in the case of the sale or exchange of the qualified gigabit opportunity zone property with respect to which gain is deferred under paragraph (1) that is held for at least 7 years.
 (3)Exclusion of gain on qualified gigabit opportunity zone property held for at least 10 yearsExcept as provided in paragraph (2), in the case of the sale or exchange of qualified gigabit opportunity zone property, or an investment in a qualified opportunity fund, held for at least 10 years, gross income for the taxable year shall not include any gain from the sale or exchange of such property or investment.
 (4)One election per propertyNo election may be made under paragraph (1) with respect to a sale or exchange if an election previously made with respect to such sale or exchange is in effect.
								(b)Basis rules relating to qualified gigabit opportunity zone property
 (1)Reduced by gain deferred under subsection (a)(1)The basis of a qualified gigabit opportunity zone property immediately after its acquisition under subsection (a) shall be reduced by the amount of gain deferred by reason of subsection (a)(1)(A) with respect to such property.
 (2)Increase for gain recognized under subsection (a)(2)The basis of qualified gigabit opportunity zone property shall be increased by the amount of gain recognized by reason of subsection (a)(2) with respect to such property.
 (3)Subsequent increase in basis for property held for at least 5 years but less than 10 yearsIn the case of qualified gigabit opportunity zone property held for at least 5 years but less than 10 years—
 (A)Property held for 5 yearsFor qualified gigabit opportunity zone property held for at least 5 years, the basis of such property shall be increased by an amount equal to 10 percent of the amount of gain deferred by reason of subsection (a)(1)(A) with respect to such property.
 (B)Property held for 7 yearsFor qualified gigabit opportunity zone property held for at least 7 years, the basis of such property shall be increased by an amount equal to 5 percent of the amount of gain deferred by reason of subsection (a)(1)(A) with respect to such property.
 (c)Eligible taxpayerFor purposes of this section, the term eligible taxpayer means any taxpayer who has a trade or business a substantial part of which consists of selling broadband Internet service to commercial customers, residential customers, or both through one or a combination of the following technologies:
 (1)Digital Subscriber Line transmission technology that transmits data faster over traditional copper telephone lines, without regards to the specific type of Digital Subscriber Line transmission technology such as Asymmetrical Digital Subscriber Line, Symmetrical Digital Subscriber Line, High data rate Digital Subscriber Line, or Very High data rate Digital Subscriber Line.
 (2)Cable Modem transmission technology that enables operators to provide broadband using the same coaxial cables that deliver pictures and sound to televisions.
 (3)Fiber optic transmission technology that converts electrical signals carrying data to light and sends the light through transparent glass fibers.
 (4)Wireless transmission technology that utilizes a radio link between the customer’s location and the service provider’s facility, whether mobile or fixed.
 (5)Satellite transmission technology that provides broadband links via orbiting satellites. (6)Broadband over powerline transmission technology that delivers broadband over the existing low- and medium-voltage electric power distribution network.
 (7)Such other technologies as the Secretary, in consultation with the Federal Communications Commission, may designate by rule as a broadband provider technology.
 (d)Qualified gigabit opportunity zone propertyFor purposes of this section: (1)In generalThe term qualified gigabit opportunity zone property means property which is—
 (A)qualified gigabit opportunity zone stock, (B)qualified gigabit opportunity zone partnership interest,
 (C)qualified gigabit opportunity zone business property, or (D)an interest in a qualified investment fund.
									(2)Qualified gigabit opportunity zone stock
 (A)In generalExcept as provided in subparagraph (B), the term qualified gigabit opportunity zone stock means any stock in a domestic corporation if— (i)such stock is acquired by the taxpayer after December 31, 2019, at its original issue (directly or through an underwriter) from the corporation solely in exchange for cash,
 (ii)as of the time such stock was issued, such corporation was a qualified gigabit opportunity zone business (or, in the case of a new corporation, such corporation was being organized for purposes of being a qualified gigabit opportunity zone business), and
 (iii)during substantially all of the taxpayer's holding period for such stock, such corporation qualified as a qualified gigabit opportunity zone business.
 (B)RedemptionsA rule similar to the rule of section 1202(c)(3) shall apply for purposes of this paragraph. (3)Qualified gigabit opportunity zone partnership interestThe term qualified gigabit opportunity zone partnership interest means any capital or profits interest in a domestic partnership if—
 (A)such interest is acquired by the taxpayer after December 31, 2019, from the partnership solely in exchange for cash,
 (B)as of the time such interest was acquired, such partnership was a qualified gigabit opportunity zone business (or, in the case of a new partnership, such partnership was being organized for purposes of being a qualified gigabit opportunity zone business), and
 (C)during substantially all of the taxpayer's holding period for such interest, such partnership qualified as a qualified gigabit opportunity zone business.
									(4)Qualified gigabit opportunity zone business property
 (A)In generalThe term qualified gigabit opportunity zone business property means tangible property used in a trade or business of the taxpayer if— (i)such property—
 (I)is used primarily to provide broadband transmission services to areas which do not have fixed terrestrial broadband service that meets the current speed benchmark for fixed services (as determined by the Federal Communications Commission in its most recent report issued pursuant to section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)), and
 (II)is capable of transmitting signals at a rate of at least 1,000,000,000 bits per second, (ii)such property was acquired by the taxpayer by purchase (as defined in section 179(d)(2)) after December 31, 2019,
 (iii)the original use of such property in the qualified gigabit opportunity zone commences with the taxpayer or the taxpayer substantially improves the property, and
 (iv)during substantially all of the taxpayer’s holding period for such property, substantially all of the use of such property was in a qualified gigabit opportunity zone.
 (B)Special rule for certain propertyIn the case of property which is placed in service before January 1, 2023, and which is with respect to technology described in paragraph (4) or (5) of subsection (c), subparagraph (A)(i)(II) shall be applied by substituting 150,000,000 bits per second for 1,000,000,000 bits per second.
 (C)Substantial improvementFor purposes of subparagraph (A)(iii), property shall be treated as substantially improved by the taxpayer only if, during any 30-month period beginning after the date of acquisition of such property, additions to basis with respect to such property in the hands of the taxpayer exceed an amount equal to the adjusted basis of such property at the beginning of such 30-month period in the hands of the taxpayer.
 (D)Treatment of related partiesFor purposes of subparagraph (A)(ii), the rules of subparagraph (A) of section 179(d)(2) shall be applied using the relationship described in subsection (e)(2) in lieu of the relationship described in such subparagraph.
 (5)Qualified gigabit opportunity fundThe term qualified gigabit opportunity fund means any investment vehicle organized as a corporation or a partnership for the purpose of investing in qualified gigabit opportunity zone property (other than another qualified opportunity fund) that holds at least 90 percent of its assets in qualified opportunity zone property, determined—
 (A)on the last day of the first 6-month period of the taxable year of the fund, and (B)on the last day of the taxable year of the fund.
									(6)Qualified gigabit opportunity zone business
 (A)In generalThe term qualified gigabit opportunity zone business means a trade or business— (i)in which substantially all of the tangible property owned or leased by the taxpayer is qualified gigabit opportunity zone business property,
 (ii)which satisfies the requirements of paragraphs (2), (4), and (8) of section 1397C(b), and (iii)which is not described in section 144(c)(6)(B).
 (B)Special ruleFor purposes of subparagraph (A), tangible property that ceases to be a qualified gigabit opportunity zone business property shall continue to be treated as a qualified gigabit opportunity zone business property for the lesser of—
 (i)5 years after the date on which such tangible property ceases to be so qualified, or (ii)the date on which such tangible property is no longer held by the qualified gigabit opportunity zone business.
										(e)Applicable rules
 (1)In generalFor purposes of this section and except as otherwise provided in this section, rules similar to the rules applicable to deferred like kind exchanges under section 1031 shall apply except that reinvestment in qualified gigabit opportunity zone property need not require an intermediary party.
 (2)Related personsFor purposes of this subsection, persons are related to each other if such persons are described in section 267(b) or 707(b)(1), determined by substituting 20 percent for 50 percent each place it occurs in such sections.
 (3)DecedentsIn the case of a decedent, amounts recognized under this section shall, if not properly includible in the gross income of the decedent, be includible in gross income as provided by section 691.
 (4)RegulationsThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including—
 (A)rules providing for proportionate inclusion in income and increases in basis for purposes of subsections (a) and (b) in cases in which a sale or exchange of any qualified gigabit opportunity zone property with respect to which gain is deferred under subsection (a)(1)(A) is less than all of such property,
 (B)rules requiring taxpayers to provide such information as the Secretary determines to be necessary or appropriate for the identification of both the assets sold (including basis and sale price) and the assets acquired and investments made, and
 (C)rules to prevent abuse. 1400W–3.Immediate expensing of qualified gigabit opportunity zone business property (a)In generalAn eligible taxpayer may elect to treat the cost of any qualified gigabit opportunity zone business property (as defined in section 1400W–2) as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified gigabit opportunity zone business property is placed in service.
 (b)Eligible taxpayerFor purposes of this section, the term eligible taxpayer has the same meaning given to such term under section 1400W–2(c). (c)Exception for certain propertyFor purposes of this section, the term qualified gigabit opportunity zone business property shall not include any property to which section 168(g) applies.
 (d)ElectionAn election under this section shall be made under rules similar to the rules of section 179(c). (e)Coordination with section 179For purposes of section 179, qualified gigabit opportunity zone business property shall not be treated as section 179 property.
 (f)Application of other rulesRules similar to the rules of paragraphs (3), (4), (5), (7), (9), and (10) of section 179(d) shall apply for purposes of this section.
 (g)Taxpayer reportingThis section shall not apply with respect to any taxpayer for any taxable year unless such taxpayer provides the Secretary with such information as the Secretary may require to allow the Secretary to evaluate the effectiveness of the program established under this part..
 (b)Basis adjustmentsSection 1016(a) of such Code is amended by striking and at the end of paragraph (37), by striking the period at the end of paragraph (38) and inserting , and, and by inserting after paragraph (38) the following new paragraph:  (39)to the extent provided in section 1400W–2(b)..
 (c)Clerical amendmentThe table of subchapters for chapter 1 of such Code is amended by inserting after the item relating to subchapter V the following new item:

						Subchapter W. Gigabit opportunity zones.
			3.Private activity bonds for qualified broadband projects
 (a)In generalSection 142(a) of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (14), by striking the period at the end of paragraph (15) and inserting , or, and by adding at the end the following new paragraph:  (16)qualified broadband projects..
 (b)Qualified broadband projectsSection 142 of such Code is amended by adding at the end the following new subsection:  (n)Qualified broadband project (1)In generalFor purposes of subsection (a)(16), the term qualified broadband project means any project which—
 (A)is located in a jurisdiction that has been certified by Secretary, in consultation with the National Telecommunications and Information Administration, as having adopted the Uniform Model Broadband Deployment Act prescribed by the Federal Communications Commission pursuant to section 4 of the Gigabit Opportunity Act, and
 (B)results in gigabit capable Internet access to residential or commercial locations— (i)where a broadband service provider previously did not provide service, or
 (ii)which do not have fixed terrestrial broadband service that meets the current speed benchmark for fixed services (as determined by the Federal Communications Commission in its most recent report issued pursuant to section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302))..
 (c)Effective dateThe amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.
			4.Uniform Model Broadband Deployment Act
 (a)In generalNot later than 1 year after the date of the enactment of this Act, the Federal Communications Commission shall publish a Uniform Model Broadband Deployment Act containing laws for the State regulation of the deployment of broadband services.
 (b)No inference relating to data collectionNothing in this Act or the amendments made by this Act shall be construed to provide additional authority for the collection of data to the Federal Communications Commission or the National Telecommunications and Information Administration.