115 HR 5144 IH: Contracting Compliance Act
U.S. House of Representatives
2018-03-01
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 CONGRESS2d SessionH. R. 5144IN THE HOUSE OF REPRESENTATIVESMarch 1, 2018Mr. Blum (for himself and Mr. Schneider) introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo require the Comptroller General of the United States to report on compliance of contracting
			 agencies with subcontracting plans and subcontracting goals under the
			 Small Business Act, and for other purposes.

 1.Short titleThis Act may be cited as the Contracting Compliance Act. 2.GAO report on compliance of contracting agencies with subcontracting plans and subcontracting goals (a)In generalNot later than one year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on the activities of two or more contracting agencies selected by the Comptroller General to comply with the requirements of section 8(d)(7) of the Small Business Act (15 U.S.C. 637(d)(7)). Such report shall include—
 (1)an analysis of the activities of at least one military department (as defined in section 101(8) of title 10, United States Code);
 (2)an analysis of contracting agency oversight activities and protocols, including actions taken by the contracting agency to ensure contractor compliance with the requirements of section 8(d) of the Small Business Act (15 U.S.C. 637(d));
 (3)an evaluation of the extent to which the Administrator of the Small Business Administration is encouraging contracting agencies to conduct oversight activities and any actions taken by contracting agencies in response to such encouragement;
 (4)an assessment of the effectiveness of contracting agency actions or processes taken against noncompliant prime contractors;
 (5)a description of how contracting agencies define a material breach under section 8(d)(9) of the Small Business Act (15 U.S.C. 637(d)(9)); and
 (6)any recommendations to strengthen oversight of the compliance of prime contractors with the requirements of subcontracting plans and subcontracting goals established within such subcontracting plan.
 (b)DefinitionsIn this Act: (1)Prime contractorThe term prime contractor has the meaning given in section 8701(5) of title 41, United States Code.
 (2)Subcontracting goalsThe term subcontracting goals means the goals established under section 8(d)(6)(A) of the Small Business Act (15 U.S.C. 637(d)(6)(A)) relating to utilization as subcontractors of certain small business concerns.
 (3)Subcontracting planThe term subcontracting plan means a plan required under paragraph (4) or (5) of section 8(d) of the Small Business Act (15 U.S.C. 637(d)).


		I
		112th CONGRESS
		1st Session
		H. R. 675
		IN THE HOUSE OF REPRESENTATIVES

			February 11, 2011
			Mr. Herger (for
			 himself, Mr. Stark,
			 Mr. Nunes,
			 Mr. Levin,
			 Mr. Tiberi,
			 Mr. Rangel,
			 Mr. Davis of Kentucky,
			 Mr. McDermott,
			 Mr. Reichert,
			 Mr. Lewis of Georgia,
			 Mr. Boustany,
			 Mr. Neal, Mr. Heller, Mr.
			 Doggett, Mr. Gerlach,
			 Mr. Larson of Connecticut,
			 Mr. Buchanan,
			 Mr. Blumenauer,
			 Mr. Paulsen,
			 Mr. Kind, and
			 Mr. Pascrell) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committees on
			 Ways and Means and
			 the Budget, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To amend title XI of the Social Security Act to expand
		  the permissive exclusion from participation in Federal health care programs to
		  individuals and entities affiliated with sanctioned entities.

		1.Short titleThis Act may be cited as the
			 Strengthening Medicare Anti-Fraud
			 Measures Act of 2011.
		2.Permissive exclusion
			 from Federal health care programs expanded to individuals and entities
			 affiliated with sanctioned entitiesSection 1128(b)(15) of the Social Security
			 Act (42 U.S.C. 1320a–7(b)(15)) is amended to read as follows:

				(15)Individuals or
				entities affiliated with a sanctioned entity(A)Any of the
				following:
						(i)Any individual who—
							(I)is a person with an ownership or control
				interest (as defined in section 1124(a)(3)) in a sanctioned entity or an
				affiliated entity of such sanctioned entity (or was a person with such an
				interest at the time of any of the conduct that formed a basis for the
				conviction or exclusion described in subparagraph (B)); and
							(II)knows or should know (as defined in
				section 1128A(i)(7)) (or knew or should have known) of such conduct.
							(ii)Any individual who is an officer
				or managing employee (as defined in section 1126(b)) of a sanctioned entity or
				affiliated entity of such sanctioned entity (or was such an officer or managing
				employee at the time of any of the conduct that formed a basis for the
				conviction or exclusion described in subparagraph (B)).
						(iii)Any affiliated entity of a
				sanctioned entity.
						(B)For purposes of this paragraph, the
				term sanctioned entity means an entity—
						(i)that has been convicted of any
				offense described in subsection (a) or in paragraph (1), (2), or (3) of this
				subsection; or
						(ii)that has been excluded from
				participation under a program under title XVIII or under a State health care
				program.
						(C)(i)For purposes of this paragraph, the term
				affiliated entity means, with respect to a sanctioned
				entity—
							(I)an entity affiliated with such
				sanctioned entity; and
							(II)an entity that was so affiliated
				at the time of any of the conduct that formed the basis for the conviction or
				exclusion described in subparagraph (B).
							(ii)For purposes of clause (i), an
				entity shall be treated as affiliated with another entity if—
							(I)one
				of the entities is a person with an ownership or control interest (as defined
				in section 1124(a)(3)) in the other entity (or had such an interest at the time
				of any of the conduct that formed a basis for the conviction or exclusion
				described in subparagraph (B));
							(II)there is a person with an ownership or
				control interest (as defined in section 1124(a)(3)) in both entities (or had
				such an interest at the time of any of the conduct that formed a basis for the
				conviction or exclusion described in subparagraph (B)); or
							(III)there is a person who is an officer or
				managing employee (as defined in section 1126(b)) of both entities (or was such
				an officer or managing employee at the time of any of the conduct that formed a
				basis for the conviction or exclusion described in subparagraph
				(B)).
							.
		3.Budgetary effects
			 of PAYGO legislationThe
			 budgetary effects of this Act, for the purpose of complying with the Statutory
			 Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
			 statement titled Budgetary Effects of PAYGO Legislation for this
			 Act, submitted for printing in the Congressional Record by the Chairman of the
			 House Budget Committee, provided that such statement has been submitted prior
			 to the vote on passage.


110 HRES 905 IH: Commending the Valdosta State University

U.S. House of Representatives
2007-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		110th CONGRESS
		1st Session
		H. RES. 905
		IN THE HOUSE OF REPRESENTATIVES

			December 19, 2007
			Mr. Kingston (for
			 himself and Mr. Bishop of Georgia)
			 submitted the following resolution; which was referred to the
			 Committee on Education and
			 Labor

		RESOLUTION
		Commending the Valdosta State University
		  Blazers on winning the NCAA Division II National Championship.

		Whereas on Saturday, December 15, 2007, the Valdosta State
			 Blazers defeated Northwest Missouri State 25 to 20 with a fourth quarter
			 comeback;
		Whereas Valdosta State became the eighth school to win
			 more than one Division II Championship;
		Whereas Michael Terry’s one-yard game-winning touchdown
			 run with 22 seconds left was the third latest game-winning score in regulation
			 play in the 35-year Division II Championship history;
		Whereas the Valdosta State Blazers hold a 13 and 1 season
			 record;
		Whereas the Valdosta State won the Division II
			 championship in 2004, making this the second Division II championships in the
			 last 4 years for the Blazers;
		Whereas the Blazers’ head coach, David Dean, became the
			 second first-year head coach to lead his squad to the Division II
			 Championship;
		Whereas the Valdosta State Blazers play with tremendous
			 heart, talent, and sportsmanship; and
		Whereas Valdosta State University continues to build its
			 football legacy along with engaging academics: Now, therefore, be it

		That the United States House of
			 Representatives commends the Valdosta State University Blazers for winning the
			 NCAA Division II National Championship.


114 HR 4556 IH: Expedited Hiring for VA Trained Psychiatrists Act of 2016
U.S. House of Representatives
2016-02-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		2d Session
		H. R. 4556
		IN THE HOUSE OF REPRESENTATIVES

			February 12, 2016
			Mr. Cartwright (for himself, Mr. Grijalva, Mr. Himes, Ms. Jackson Lee, Mr. Jones, Ms. Kelly of Illinois, Mrs. Kirkpatrick, Mr. Loebsack, Mr. Vargas, Ms. Bordallo, Mr. Cohen, Mr. Rush, Ms. Jenkins of Kansas, Mr. Honda, and Mr. Ryan of Ohio) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to improve the authority of the Secretary of Veterans
			 Affairs to hire psychiatrists.

 1.Short titleThis Act may be cited as the Expedited Hiring for VA Trained Psychiatrists Act of 2016. 2.Appointment of psychiatrists by Veterans Health Administration (a)In generalChapter 74 of title 38, United States Code, is amended by inserting after section 7406 the following new section:

					7406A.Appointment of certain psychiatrists who complete residencies
						(a)In general
 (1)Subject to subsection (b), the Secretary may appoint, without regard to civil service or classification laws, a psychiatrist who completes a residency under section 7406 of this title to a position under section 7401 or 7405 immediately after such residency, if the psychiatrist meets the qualifications established in regulations prescribed by the Secretary for such position.
 (2)The Secretary may begin the process of appointing a psychiatrist under paragraph (1) before the psychiatrist completes a residency.
 (b)Positions permittedThe Secretary may appoint a psychiatrist under subsection (a) if the position to which the psychiatrist is appointed has been unfilled for not less than 35 days as of the date of the appointment..
 (b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7406 the following new item:

						7406A. Appointment of certain psychiatrists who complete residencies..


		IIA
		110th CONGRESS
		1st Session
		S. J. RES. 1
		IN THE SENATE OF THE UNITED STATES

			January 4, 2007
			Mr. Craig introduced the
			 following joint resolution; which was read twice and referred to the
			 Committee on the
			 Judiciary

		JOINT RESOLUTION
		Proposing an amendment to the Constitution
		  of the United States relative to require a balanced budget and protect Social
		  Security surpluses.

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

				—
					1.Total outlays for any fiscal
				year shall not exceed total receipts for that fiscal year, unless three-fifths
				of the whole number of each House of Congress shall provide by law for a
				specific excess of outlays over receipts by a rollcall vote.
					2.Total receipts shall include
				all receipts of the United States Government except those derived from
				borrowing. Total outlays shall include all outlays of the United States
				Government except for those for repayment of debt principal.
					3.Any surplus of receipts
				(including attributable interest) over outlays of the Federal Old-Age and
				Survivors Insurance and the Federal Disability Insurance Trust Funds shall not
				be counted for purposes of this article. Any deficit of receipts (including
				attributable interest) relative to outlays of the Federal Old-Age and Survivors
				Insurance and the Federal Disability Insurance Trust Funds shall be counted for
				purposes of this article, and must be completely offset by a surplus of all
				other receipts over all other outlays.
					4.The limit on the debt of the
				United States held by the public shall not be increased, unless three-fifths of
				the whole number of each House shall provide by law for such an increase by a
				rollcall vote.
					5.Prior to each fiscal year, the
				President shall transmit to the Congress a proposed budget for the United
				States Government for that fiscal year, in which total outlays do not exceed
				total receipts.
					6.No bill to increase revenue
				shall become law unless approved by a majority of the whole number of each
				House by a rollcall vote.
					7.The Congress may waive the
				provisions of this article for any fiscal year in which a declaration of war is
				in effect. The provisions of this article may be waived for any fiscal year in
				which the United States is engaged in military conflict which causes an
				imminent and serious military threat to national security and is so declared by
				a joint resolution, adopted by a majority of the whole number of each House,
				which becomes law.
					8.The Congress shall enforce and
				implement this article by appropriate legislation, which may rely on estimates
				of outlays and receipts.
					9.This article shall take effect the second
				fiscal year beginning after its
				ratification.
					.


110 HR 1895 IH: Anti-Gun Trafficking Penalties

U.S. House of Representatives
2007-04-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1895
		IN THE HOUSE OF REPRESENTATIVES

			April 17, 2007
			Mrs. McCarthy of New
			 York introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To improve the tracking of stolen firearms and firearms
		  used in a crime, to allow more frequent inspections of gun dealers to ensure
		  compliance with Federal gun law, to enhance the penalties for gun trafficking,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Anti-Gun Trafficking Penalties
			 Enhancement Act of 2007.
		2.Firearms trace
			 system
			(a)In
			 generalThe Science, State, Justice, Commerce, and Related
			 Agencies Appropriations Act, 2006 (Public Law 109–108) is amended in title I,
			 under the heading Bureau of Alcohol, Tobacco, Firearms and
			 Explosives, by striking Provided further, That no funds
			 appropriated under this or any other Act with respect to any fiscal year may be
			 used to disclose part or all of the contents of the Firearms Trace System
			 database and all that follows through section 921(a)(10) of such
			 title):.
			(b)Requests for
			 informationUpon receipt of a written request from a State or
			 local government or law enforcement agency for information contained in the
			 Firearms Trace System database maintained by the National Trace Center of the
			 Bureau of Alcohol, Tobacco, Firearms and Explosives (or any successor database
			 or agency), the Attorney General shall provide all data in such database that
			 is responsive to such request for information.
			3.Stolen
			 firearms
			(a)DefinitionAs
			 used in this section, the term firearm has the meaning given the
			 term by section 921 of title 18, United States Code.
			(b)Federal
			 officialsIf a Federal law enforcement agency investigates the
			 commission of a crime and determines that a specific firearm is known to have
			 been stolen or to have been used in such crime, the agency shall provide
			 information regarding the firearm to the Bureau of Alcohol, Firearms, Tobacco,
			 and Explosives, for inclusion in the Firearms Trace System database.
			(c)State and local
			 officialsSection 1702 of the Omnibus Crime Control and Safe
			 Streets Act of 1968 (42 U.S.C. 3796dd–1) is amended by adding at the end the
			 following:

					(e)Stolen
				firearms
						(1)DefinitionAs
				used in this subsection, the term firearm has the meaning given
				the term by section 921 of title 18, United States Code.
						(2)ReportingIf
				a State or local law enforcement agency receiving a grant under this part
				investigates the commission of a crime and determines that a specific firearm
				is known to have been stolen or to have been used in such crime, the agency
				shall provide information regarding the firearm to the Bureau of Alcohol,
				Firearms, Tobacco, and Explosives, for inclusion in the Firearms Trace System
				database.
						.
			4.Illegal firearms
			 traffickingSection 1961(1) of
			 title 18, United States Code, is amended by inserting section 922(d)
			 (relating to firearms sales to ineligible persons), subsections (g), (h), and
			 (n) of section 924 (relating to illegal firearms trafficking), before
			 section 1028.


115 HR 930 IH: Lymphedema Treatment Act
U.S. House of Representatives
2017-02-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 930IN THE HOUSE OF REPRESENTATIVESFebruary 7, 2017Mr. Reichert (for himself, Mr. Blumenauer, Mr. Lance, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for Medicare coverage of certain
			 lymphedema compression treatment items as items of durable medical
			 equipment.

 1.Short titleThis Act may be cited as the Lymphedema Treatment Act. 2.Medicare coverage of certain lymphedema compression treatment items as items of durable medical equipment (a)In generalSection 1861 of the Social Security Act (42 U.S.C. 1395x) is amended—
 (1)in subsection (n), in the first sentence, by inserting before the semicolon the following: and includes lymphedema compression treatment items (as defined in subsection (jjj)); and (2)by adding at the end the following new subsection:

 (jjj)Lymphedema compression treatment itemsThe term lymphedema compression treatment items— (1)means, with respect to an individual, compression garments, devices, bandaging systems, components, and supplies—
 (A)that are primarily and customarily used in the medical treatment of lymphedema; (B)as prescribed by a physician (or a physician assistant, nurse practitioner, or a clinical nurse specialist (as those terms are defined in section 1861(aa)(5)) to the extent authorized under State law); and
 (C)which would not, other than under subsection (s)(6), be included as medical and other health services under this title; and
 (2)includes— (A)multilayer compression bandaging systems;
 (B)custom or standard fit gradient compression garments; (C)non-elastic and low-elastic compression garments and compression wraps and directional flow pads; and
 (D)any other compression garments, bandaging systems, devices, and aids determined by the Secretary to be effective in the prevention or treatment of lymphedema..
 (b)Effective dateThe amendment made by subsection (a) shall apply to lymphedema compression treatment items furnished on or after 180 days after the date of the enactment of this Act.


117 HJ 53 IH: Proposing an amendment to the Constitution of the United States to prohibit the use of slavery and involuntary servitude as a punishment for a crime.
U.S. House of Representatives
2021-06-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IA117th CONGRESS1st SessionH. J. RES. 53IN THE HOUSE OF REPRESENTATIVESJune 17, 2021Ms. Williams of Georgia (for herself, Ms. Bush, Ms. Bass, Ms. Norton, Mr. Johnson of Georgia, Mr. Danny K. Davis of Illinois, Mr. Huffman, Ms. Adams, Mr. Carson, Ms. Clark of Massachusetts, Mr. Cleaver, Mr. Foster, Ms. Pressley, Mrs. Watson Coleman, Mr. Green of Texas, Ms. Lee of California, Mrs. Hayes, and Mr. Torres of New York) submitted the following joint resolution; which was referred to the Committee on the JudiciaryJOINT RESOLUTIONProposing an amendment to the Constitution of the United States to prohibit the use of slavery and involuntary servitude as a punishment for a crime.That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:  —Neither slavery nor involuntary servitude may be imposed as a punishment for a crime..


113 S2756 IS: Fairness to Pet Owners Act of 2014
U.S. Senate
2014-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2756
		IN THE SENATE OF THE UNITED STATES

			July 31, 2014
			Mr. Blumenthal (for himself, Mr. Schumer, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

		A BILL
		To promote competition and help consumers save money by giving them the freedom to choose where
			 they buy prescription pet medications, and for other purposes.

			1.
			Short title
			This Act may be cited as the Fairness to Pet Owners Act of 2014.

			2.
			Applicability
			This Act shall only apply to medication for a domesticated household animal that the Federal
			 Government prevents consumers from purchasing without a prescription.

			3.
			Rules on veterinary prescriptions
			Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission
			 shall promulgate rules in accordance with section 553 of title 5, United
			 States Code, that include the following requirements with regard to a
			 veterinary prescription:

				(1)
				In general
				A requirement that the prescriber of an animal drug shall—

					(A)
					whether or not requested by the pet owner, provide to the pet owner, before offering to fill or
			 dispensing, a veterinary prescription, a copy of the veterinary
			 prescription, including by electronic or other means;

					(B)
					provide a copy of the prescription by electronic or other means consistent with applicable State
			 law, if requested by a pharmacy or any other person designated to act on
			 behalf of the pet owner; and
				(C)upon request by a pharmacy or any other person designated to act on behalf of the pet owner, verify
			 the prescription.
				(2)
				Purchase, payment, and waiver
				A requirement that the prescriber of an animal drug—

					(A)
					may not—

						(i)
						require purchase of the animal drug for which the veterinary prescription was written from the
			 prescriber or from another person as a condition of providing a copy of
			 the veterinary prescription or verifying such prescription under paragraph
			 (1);

						(ii)
						require payment in addition to, or as part of, the fee for an examination and evaluation as a
			 condition of providing a copy of the veterinary prescription or verifying
			 such prescription under paragraph (1); or

						(iii)
						require the pet owner to sign a waiver or disclaim liability, or deliver to the pet owner a notice
			 waiving or disclaiming liability of the prescriber for the accuracy of the
			 veterinary prescription, as a condition of providing a copy of such
			 prescription or verifying such prescription under paragraph (1); and

					(B)
					may require payment of fees for an examination and evaluation before providing a veterinary
			 prescription, but only if the prescriber requires immediate payment in the
			 case of an examination that reveals no requirement for an animal drug.

			4.
			Enforcement(a)Unfair or deceptive act or practiceA violation of a rule prescribed pursuant to section 3 of this Act shall be treated as a violation
			 of a rule defining an unfair or deceptive act or practice prescribed under
			 section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
			 57a(a)(1)(B)).(b)Powers of Commission(1)In generalThe Federal Trade Commission shall enforce this Act in the
			 same manner, by the same means, and with the same jurisdiction as though
			 all applicable terms and provisions of the Federal Trade Commission Act
			 (15 U.S.C. 41 et seq.)
			 were incorporated into and made a part of this Act.
				(2)Privileges and immunitiesAny person who violates a rule prescribed pursuant to section 3 of this Act shall be subject to the
			 penalties and entitled to the privileges and immunities provided in the
			 Federal Trade Commission Act  (15 U.S.C. 41 et seq.).
			5.
			Definitions
			In this Act:

				(1)
				Animal drug
				The term animal drug means a drug intended to be administered to an animal that may not be dispensed without a
			 prescription.

				(2)
				Domesticated household animal
				The term domesticated household animal means a companion animal permitted under applicable State and local law to be kept in a home for
			 noncommercial purposes.

				(3)
				Pet owner
				The term pet owner means the legal owner of a domesticated household animal or a person designated by such owner to
			 present such animal to the prescriber for care.

				(4)
				Prescriber
				The term prescriber means a health care practitioner who is licensed to practice veterinary medicine or other person
			 permitted under State law to issue prescriptions for animal drugs.

				(5)
				Veterinary prescription
				The term veterinary prescription—

					(A)
					means a written, oral, or electronic order from a prescriber authorizing the dispensing of an
			 animal drug for use by a domesticated household animal and normally
			 administered to the animal by its owner, issued in accordance with State
			 and Federal law; and

					(B)
					does not include an animal drug administered by the veterinarian in the course of providing acute
			 care.


		IIB
		112th CONGRESS
		2d Session
		H. R. 5913
		IN THE SENATE OF THE UNITED
		  STATES

			November 28, 2012
			Received; read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		AN ACT
		To create an independent advisory panel to
		  comprehensively assess the management structure and capabilities related to the
		  Department of Homeland Security and make recommendations to improve the
		  efficiency and effectiveness of the management of the
		  Department.

		1.Short titleThis Act may be cited as the
			 DHS Accountability Act of
			 2012.
		2.FindingsCongress finds that the Subcommittee on
			 Oversight, Investigations, and Management of the Committee on Homeland Security
			 of the House of Representatives held a series of four hearings related to the
			 management of the Department of Homeland Security. The key findings from such
			 hearings were the following:
			(1)The Department of Homeland Security has not
			 prioritized the missions outlined in its key strategic planning documents. This
			 lack of prioritization may hinder the Department’s efforts to effectively
			 manage risks to the United States. Since 2003, the Government Accountability
			 Office designated the transformation of the Department as high risk because the
			 Department had to transform 22 agencies—several with major management
			 challenges—into one department, and failure to effectively address the
			 Department’s management and mission risks could have serious consequences to
			 United States national and economic security. The Government Accountability
			 Office continues to designate the transformation of the Department as high
			 risk.
			(2)The Department has considerable work ahead
			 to achieve actions and outcomes critical to addressing persistent management
			 challenges. For example, a significant number of acquisition programs proceeded
			 without component or departmental approval of essential planning documents.
			 These reviews are important to ensure the success of an acquisition program.
			 The Department also continues to face challenges implementing key human capital
			 initiatives. Integrating financial data essential to effectively managing the
			 Department also remains a challenge.
			(3)Areas of duplicative effort have also been
			 identified within the Department. For example, some Federal Government agencies
			 are paying fees to the Department’s Federal Protective Service for facility
			 risk assessments that are not being performed, while at the same time
			 performing their own risk assessments. The Department also lacks robust
			 acquisition practices in place to position programs for success. Federal
			 Government auditors questioned U.S. Customs and Border Protection’s plan to
			 secure the Arizona border because the agency could not justify the specific
			 types, quantities, cost, and deployment locations of its surveillance
			 technologies.
			(4)Investigators continue to identify cases of
			 employee corruption within the Department. Investigations by the Department’s
			 Inspector General led to over 400 arrests of employees in 2011. Examples
			 include Border Patrol agents accepting bribes, thefts by airport screeners, and
			 immigration officers complicit in fraud. In addition, overall employee morale
			 in the Department remains one of the lowest in the Federal Government.
			3.EstablishmentThere is established in the legislative
			 branch an independent advisory panel to—
			(1)comprehensively
			 assess the management structure and capabilities related to the Department of
			 Homeland Security; and
			(2)make recommendations to improve the
			 efficiency and effectiveness of the management of the Department.
			4.Membership
			(a)In
			 generalThe independent
			 advisory panel (in this Act referred to as the Panel)
			 established under section 3 shall be composed of eight members as
			 follows:
				(1)Two members shall be appointed by the
			 Speaker of the House of Representatives, in coordination with the Chairman of
			 the Committee on Homeland Security of the House of Representatives. Only one of
			 such members may be from the same political party as the Speaker of the House
			 of Representatives.
				(2)Two members shall be appointed by the
			 majority leader of the Senate, in coordination with the Chairman of the
			 Committee on Homeland Security and Governmental Affairs of the Senate. Only one
			 of such members may be from the same political party as the majority leader of
			 the Senate.
				(3)One member shall
			 be appointed by the minority leader of the House of Representatives, in
			 coordination with the Ranking Minority Member of the Committee on Homeland
			 Security of the House of Representatives.
				(4)One member shall
			 be appointed by the minority leader of the Senate, in coordination with the
			 Ranking Minority Member of the Committee on Homeland Security and Governmental
			 Affairs of the Senate.
				(5)Two members shall
			 be appointed by the President, in consultation with the Secretary of Homeland
			 Security. Only one of such members may be from the same political party as the
			 President.
				(b)ProhibitionExcept
			 as provided in subsection (a), members of the Panel may not be current
			 appointees of the President’s Administration or Members of Congress, in order
			 to ensure objectivity of the Panel’s assessments.
			(c)Deadline for
			 appointmentsAll appointments to the Panel shall be made not
			 later than 90 days after the date of the enactment of this Act.
			(d)Co-ChairmenThe
			 Panel shall have two co-chairmen, as follows:
				(1)A
			 co-chairman who shall be a member of the Panel designated by the Speaker of the
			 House of Representatives.
				(2)A
			 co-chairman who shall be a member of the Panel designated by the majority
			 leader of the Senate.
				(e)VacancyIn
			 the event of a vacancy on the Panel, the individual appointed to fill the
			 vacant seat shall be—
				(1)subject to
			 paragraph (2), appointed by the same officer (or the officer’s successor) who
			 made the appointment to the seat when the Panel was first established;
			 or
				(2)if the officer’s
			 successor is of a party other than the party of the officer who made the
			 initial appointment when the Panel was first established, chosen in
			 consultation with the senior officers of the House of Representatives and the
			 Senate of the party which is the party of the officer who made such initial
			 appointment.
				(f)Government
			 employeesMembers of the
			 Panel who are officers or employees of the Federal Government shall serve
			 without additional pay (or benefits in the nature of compensation) for service
			 as a member of the Panel.
			(g)Initial
			 meetingThe Panel shall meet
			 and begin the operations of the Panel not later than 60 days after the
			 appointment of all Panel members under subsection (a).
			5.Duties
			(a)In
			 generalThe Panel shall
			 assess the current management structure and capabilities of the Department of
			 Homeland Security, including examining the following:
				(1)The efficiency and
			 effectiveness of the management structure and capabilities, including the
			 policies, practices, and procedures, of the Department of Homeland Security and
			 its component agencies in carrying out the management functions, such as
			 program acquisition, financial management, information technology, human
			 capital issues, performance measurement, and risk management efforts, related
			 to homeland security.
				(2)The extent to
			 which unnecessary duplication exists in such management structure and
			 capabilities, and how, if at all, such duplication negatively affects the
			 mission of protecting the United States.
				(3)The extent to
			 which management of key homeland security missions is centralized under the
			 Department.
				(4)Options, as
			 appropriate, to reduce or eliminate harmful waste and duplication of effort in
			 the Department.
				(5)Measures to
			 evaluate the Department’s progress in reducing and eliminating waste and
			 duplication from its management structure and capabilities.
				(b)Additional
			 considerationsIn carrying
			 out its duties, the Panel should consult and leverage the work performed and
			 recommendations made by the Government Accountability Office on the management
			 structure and capabilities of the Department of Homeland Security, in
			 particular with respect to the issues identified under subsection (a).
			6.Powers and
			 authorities
			(a)Hearings and
			 evidence
				(1)In
			 generalThe Panel or, on the
			 authority of the Panel, any portion thereof, may, for the purpose of carrying
			 out this section—
					(A)hold such hearings
			 and sit and act at such times and places, take such testimony, receive such
			 evidence, administer such oaths (provided that the quorum for a hearing shall
			 be two members of the Panel); and
					(B)subject to
			 subsection (b), require by subpoena or otherwise provide for the attendance and
			 testimony of such witnesses and the production of such books, records,
			 correspondence, memoranda, papers, and documents, as the Panel, or such portion
			 thereof, may determine advisable.
					(2)Open to the
			 publicHearings and other activities conducted under paragraph
			 (1) shall be open to the public unless the Panel, or, on the authority of the
			 Panel, any portion thereof, determines that such is not appropriate, including
			 for reasons relating to the disclosure of information or material regarding the
			 national security interests of the United States or the disclosure of sensitive
			 law enforcement data.
				(b)Subpoenas
				(1)Issuance
					(A)In
			 generalA subpoena may be
			 issued under this subsection only—
						(i)by
			 the two co-chairmen; or
						(ii)by
			 the affirmative recorded vote of six members of the Panel.
						(B)SignatureSubpoenas issued under this subsection may
			 be—
						(i)issued under the
			 signature of the two co-chairmen or any member designated by a majority of the
			 Panel; and
						(ii)served by any
			 person designated by the two co-chairmen or by any member designated by a
			 majority of the Panel.
						(2)Enforcement
					(A)In
			 generalIn the case of
			 contumacy or failure to obey a subpoena issued under this subsection, the
			 United States district court for the judicial district in which the subpoenaed
			 person resides, is served, or may be found, or where the subpoena is
			 returnable, may issue an order requiring such person to produce documentary or
			 other evidence. Any failure to obey the order of the court may be punished by
			 the court as contempt of that court.
					(B)Additional
			 enforcementIn the case of
			 any failure of any witness to comply with any subpoena, the Panel may, by
			 majority vote, certify a statement of fact constituting such failure to the
			 appropriate United States attorney, who may bring the matter before a grand
			 jury for its action, under the same statutory authority and procedures as if
			 the United States attorney had received a certification under sections 102
			 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through
			 194).
					(c)Personnel
				(1)In
			 generalThe Panel shall have
			 the authorities provided in section 3161 of title 5, United States Code, and
			 shall be subject to the conditions specified in such section, except to the
			 extent that such conditions would be inconsistent with the requirements of this
			 section.
				(2)CompensationThe co-chairmen, in accordance with rules
			 agreed upon by the Panel, may appoint and fix the compensation of a staff
			 director and such other personnel as may be necessary to enable the Panel to
			 carry out its functions, without regard to the provisions of title 5, United
			 States Code, governing appointments in the competitive service, and without
			 regard to the provisions of chapter 51 and subchapter III of chapter 53 of such
			 title relating to classification and General Schedule pay rates, except that no
			 rate of pay fixed under this paragraph may exceed the equivalent of that
			 payable for a position at level V of the Executive Schedule under section 5316
			 of title 5, United States Code.
				(3)DetaileesAny
			 employee of the Federal Government may be detailed to the Panel without
			 reimbursement from the Panel, and such detailee shall retain the rights,
			 status, and privileges of the employee’s regular employment without
			 interruption.
				(4)Expert and
			 consultant servicesThe Panel
			 is authorized to procure the services of experts and consultants in accordance
			 with section 3109 of title 5, United States Code, but at rates not to exceed
			 the daily rate paid a person occupying a position at level IV of the Executive
			 Schedule under section 5315 of title 5, United States Code.
				(5)Volunteer
			 servicesNotwithstanding
			 section 1342 of title 31, United States Code, the Panel may accept and use
			 voluntary and uncompensated services as the Panel determines necessary.
				(d)Security
			 clearancesThe appropriate departments or agencies of the Federal
			 Government shall cooperate with the Panel in expeditiously providing to the
			 Panel members and staff appropriate security clearances to the extent possible
			 pursuant to existing procedures and requirements, except that no person shall
			 be provided with access to classified information under this section without
			 the appropriate security clearances.
			(e)ContractingThe Panel may, to such extent and in such
			 amounts as are provided in appropriation Acts, enter into contracts to enable
			 the Panel to carry out its duties under this Act.
			(f)Postal
			 servicesThe Panel may use
			 the United States mails in the same manner and under the same conditions as
			 departments and agencies of the United States.
			(g)Support
			 servicesUpon request of the
			 Panel, the Administrator of General Services shall provide the Panel, on a
			 reimbursable basis, with the administrative support services necessary for the
			 Panel to carry out its duties under this Act. Such administrative services may
			 include human resource management, budget, leasing, accounting, and payroll
			 services.
			(h)Rules of
			 procedureThe Panel may
			 establish rules for the conduct of the Panel’s business, if such rules are not
			 inconsistent with this Act or other applicable law.
			(i)Nonapplicability
			 of the Federal Advisory Committee ActThe Federal Advisory
			 Committee Act (5 U.S.C. App.) shall not apply to the Panel.
			(j)TerminationThe
			 Panel shall terminate on the date that is 60 days after the date of the
			 submission of its final report.
			7.Reports to
			 Congress
			(a)Interim
			 reportNot later than one year after the date of the appointment
			 of all the members of the Panel, the Panel shall submit to the Committee on
			 Homeland Security of the House of Representatives and the Committee on Homeland
			 Security and Governmental Affairs of the Senate an interim report, including
			 the results and findings of the assessment and examination carried out in
			 accordance with section 5.
			(b)Other reports
			 and briefingsThe Panel may from time to time submit to the
			 committees specified in subsection (a) such other reports and briefings
			 relating to the assessment and examination carried out in accordance with
			 section 5 as the Panel considers appropriate. Such committees may request
			 information on the Panel’s progress as it conducts its work.
			(c)Final
			 reportNot later than two years after the date of the appointment
			 of all the members of the Panel, the Panel shall submit to the committees
			 specified in subsection (a) a final report on the assessment and examination
			 carried out in accordance with section 5. Such final report shall—
				(1)include the
			 findings of the Panel;
				(2)identify lessons
			 learned related to homeland security management issues; and
				(3)include specific
			 recommendations related to—
					(A)improving the
			 efficiency and effectiveness of the management structure and capabilities,
			 including the policies, practices, and procedures, of the Department of
			 Homeland Security and its component agencies in carrying out the Department’s
			 management functions and mission to protect the United States;
					(B)reducing or
			 eliminating unnecessary duplication in the management structure and
			 capabilities of the Department and its component agencies;
					(C)options, as
			 appropriate, to reduce or eliminate harmful waste and duplication of effort in
			 the Department; and
					(D)developing
			 measures to evaluate the Department’s progress in reducing and eliminating
			 waste and duplication from its management structure and capabilities.

			Passed the House of
			 Representatives November 27, 2012.
			Karen L. Haas,
			Clerk


115 S897 IS: Cluster Munitions Civilian Protection Act of 2017
U.S. Senate
2017-04-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 897
		IN THE SENATE OF THE UNITED STATES

			April 7, 2017
			Mrs. Feinstein (for herself, Mr. Leahy, Mr. Brown, Mr. Cardin, Mr. Durbin, Mr. Franken, Ms. Klobuchar, Mr. Murphy, Mrs. Murray, Mr. Sanders, Mr. Udall, Mr. Whitehouse, Mr. Markey, and Mr. Merkley) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

		A BILL
		To protect civilians from cluster munitions, and for other purposes.

		1.Short title
 This Act may be cited as the Cluster Munitions Civilian Protection Act of 2017.
 2.FindingsCongress makes the following findings: (1)The Convention on Cluster Munitions, done at Dublin May 30, 2008, and entered into force August 1, 2010, now has 100 States Parties, including Canada, France, Germany, and the United Kingdom, and an additional 19 signatories.
 (2)The Convention on Cluster Munitions, which comprehensively bans the use, production, acquisition, export, or transfer of cluster munitions and requires the destruction of existing stockpiles, clearance of contaminated land, and assistance to cluster munition victims, has led to the destruction of nearly 1,400,000 cluster munitions containing more than 170,000,000 submunitions.
 (3)Under a policy issued in 2008 by Secretary of Defense Robert Gates, by the end of 2018, the United States will no longer use cluster munitions anywhere in the world, unless, after arming, the cluster munitions do not result in more than 1 percent unexploded ordnance across the range of intended operational environments.
 (4)The CBU–105 Sensor Fuzed Weapon meets the standard established by Secretary Gates in 2008.
 3.Limitation on the use of cluster munitionsNo funds appropriated or otherwise available to any Federal department or agency may be obligated or expended to purchase, transfer, issue a license for the export of, or use any cluster munitions unless—
 (1)the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments; and
 (2)the policy applicable to the export or transfer of such cluster munitions specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians.
 4.Sense of CongressIt is the sense of Congress that— (1)the Secretary of Defense should ensure that the July 2008 Gates policy on cluster munitions is being fully implemented and that the 2018 deadline referred to in section 2(3) will be met;
 (2)the United States Government should adopt a policy and develop a strategy to phase out, as soon as possible, the transfer, export, and use of all cluster munitions;
 (3)any alternatives that the United States Government develops to replace cluster munitions should be compliant with the Convention on Cluster Munitions; and
 (4)the United States should take all steps necessary to enable it to accede to the Convention on Cluster Munitions as soon as possible.


114 S3179 IS: Carbon Capture Utilization and Storage Act
U.S. Senate
2016-07-13
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
		114th CONGRESS2d Session
		S. 3179
		IN THE SENATE OF THE UNITED STATES

			July 13, 2016
			Ms. Heitkamp (for herself, Mr. Whitehouse, Mr. Tester, Mr. Schatz, Mr. Booker, and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to improve and extend the credit for carbon dioxide
			 sequestration.

 1.Short titleThis Act may be cited as the Carbon Capture Utilization and Storage Act. 2.Extension of enhanced carbon dioxide sequestration credit (a)In generalSection 45Q of the Internal Revenue Code of 1986 is amended to read as follows:

					45Q.Credit for carbon dioxide sequestration
 (a)General ruleFor purposes of section 38, the carbon dioxide sequestration credit for any taxable year is an amount equal to the sum of—
 (1)$20 per metric ton of qualified carbon dioxide which is— (A)captured by the taxpayer using qualified carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Carbon Capture Utilization and Storage Act, and
 (B)disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in paragraph (2)(B),
 (2)$10 per metric ton of qualified carbon dioxide which is— (A)captured by the taxpayer using qualified carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Carbon Capture Utilization and Storage Act, and
								(B)
 (i)used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage, or
 (ii)utilized by the taxpayer in a manner described in subsection (e)(7), (3)the applicable dollar amount (as determined under subsection (b)(1)) per metric ton of qualified carbon dioxide which is—
 (A)captured by the taxpayer using qualified carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Carbon Capture Utilization and Storage Act, during the 12-year period beginning on the date the equipment was originally placed in service, and
 (B)disposed of by the taxpayer in secure geological storage and not used by the taxpayer as described in paragraph (4)(B), and
 (4)the applicable dollar amount (as determined under subsection (b)(1)) per metric ton of qualified carbon dioxide which is—
 (A)captured by the taxpayer using qualified carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Carbon Capture Utilization and Storage Act, during the 12-year period beginning on the date the equipment was originally placed in service, and
								(B)
 (i)used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage, or
 (ii)utilized by the taxpayer in a manner described in subsection (e)(7). (b)Applicable dollar amount; additional equipment; election (1)Applicable dollar amount (A)In generalThe applicable dollar amount shall be an amount equal to—
 (i)for any taxable year beginning in a calendar year after 2015 and ending before 2026— (I)for purposes of paragraph (3) of subsection (a), the dollar amount established by linear interpolation between $22.66 and $50 for each calendar year during such period, and
 (II)for purposes of paragraph (4) of such subsection, the dollar amount established by linear interpolation between $12.83 and $35 for each calendar year during such period, and
 (ii)for any taxable year beginning in a calendar year after 2025— (I)for purposes of paragraph (3) of subsection (a), an amount equal to the product of $50 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2024 for 1990, and
 (II)for purposes of paragraph (4) of such subsection, an amount equal to the product of $35 and the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2024 for 1990.
 (B)RoundingThe applicable dollar amount determined under subparagraph (A) shall be rounded to the nearest cent.
 (2)Installation of additional carbon capture equipment on existing qualified facilityIn the case of a qualified facility placed in service before the date of the enactment of the Carbon Capture Utilization and Storage Act, for which additional qualified carbon capture equipment is placed in service on or after the date of the enactment of the Carbon Capture Utilization and Storage Act, the amount of qualified carbon dioxide which is captured by the taxpayer shall be equal to—
 (A)for purposes of paragraphs (1)(A) and (2)(A) of subsection (a), the lesser of— (i)the total amount of qualified carbon dioxide captured at such facility for the taxable year, or
 (ii)the total amount of the carbon dioxide capture capacity of the qualified carbon capture equipment in service at such facility on the day before the date of the enactment of the Carbon Capture Utilization and Storage Act, and
 (B)for purposes of paragraphs (3)(A) and (4)(A) of such subsection, an amount (not less than zero) equal to the excess of—
 (i)the amount described in clause (i) of subparagraph (A), over (ii)the amount described in clause (ii) of such subparagraph.
 (3)ElectionFor purposes of determining the carbon dioxide sequestration credit under this section, a taxpayer may elect to have the dollar amounts applicable under paragraph (1) or (2) of subsection (a) apply in lieu of the dollar amounts applicable under paragraph (3) or (4) of such subsection for each metric ton of qualified carbon dioxide which is captured by the taxpayer using qualified carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Carbon Capture Utilization and Storage Act.
 (c)Qualified carbon dioxideFor purposes of this section— (1)In generalThe term qualified carbon dioxide means carbon dioxide captured from an industrial source which—
 (A)would otherwise be released into the atmosphere as industrial emission of greenhouse gas, and (B)is measured at the source of capture and verified at the point of disposal, injection, or utilization.
 (2)Recycled carbon dioxideThe term qualified carbon dioxide includes the initial deposit of captured carbon dioxide used as a tertiary injectant. Such term does not include carbon dioxide that is recaptured, recycled, and re-injected as part of the enhanced oil and natural gas recovery process.
							(d)Qualified facility and qualified carbon capture equipment
 (1)Qualified facilityFor purposes of this section, the term qualified facility means any industrial facility— (A) (i)the construction of which begins before January 1, 2024, and—
 (I)the original planning and design for such facility includes installation of qualified carbon capture equipment, or
 (II)construction of qualified carbon capture equipment begins before such date, or (ii)which is placed in service before January 1, 2024, and includes installation of qualified carbon capture equipment, provided that construction of such carbon capture equipment begins before such date, and
 (B)which captures— (i)in the case of a facility which emits not more than 500,000 metric tons of carbon dioxide into the atmosphere during the taxable year, not less than 25,000 metric tons of qualified carbon dioxide during the taxable year which is utilized in a manner described in subsection (e)(7),
 (ii)in the case of an electricity generating facility which is not described in clause (i), not less than 500,000 metric tons of qualified carbon dioxide during the taxable year, or
 (iii)in the case of a facility not described in clause (i) or (ii), not less than 100,000 metric tons of qualified carbon dioxide during the taxable year.
 (2)Qualified carbon capture equipmentFor purposes of this section, the term qualified carbon capture equipment means— (A)carbon capture equipment placed in service before January 1, 2024, and
 (B)carbon capture equipment the construction of which begins before such date. (e)Special rules and other definitionsFor purposes of this section—
 (1)Only carbon dioxide captured and disposed of or used within the United States taken into accountThe credit under this section shall apply only with respect to qualified carbon dioxide the capture and disposal, use, or utilization of which is within—
 (A)the United States (within the meaning of section 638(1)), or (B)a possession of the United States (within the meaning of section 638(2)).
 (2)Secure geological storageThe Secretary, in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, and the Secretary of the Interior, shall establish regulations for determining adequate security measures for the geological storage of carbon dioxide under subsection (a) such that the carbon dioxide does not escape into the atmosphere. Such term shall include storage at deep saline formations, oil and gas reservoirs, and unminable coal seams under such conditions as the Secretary may determine under such regulations.
 (3)Tertiary injectantThe term tertiary injectant has the same meaning as when used within section 193(b)(1). (4)Qualified enhanced oil or natural gas recovery projectThe term qualified enhanced oil or natural gas recovery project has the meaning given the term qualified enhanced oil recovery project by section 43(c)(2), by substituting crude oil or natural gas for crude oil in subparagraph (A)(i) thereof.
							(5)Credit attributable to taxpayer
 (A)In generalExcept as provided subparagraph (B) or in any regulations prescribed by the Secretary, any credit under this section shall be attributable to—
 (i)in the case of qualified carbon dioxide captured using qualified carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the Carbon Capture Utilization and Storage Act, the person that captures and physically or contractually ensures the disposal, utilization, or use as a tertiary injectant of such qualified carbon dioxide, and
 (ii)in the case of qualified carbon dioxide captured using qualified carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the Carbon Capture Utilization and Storage Act, the person that owns the qualified carbon capture equipment and physically or contractually ensures the capture and disposal, utilization, or use as a tertiary injectant of such qualified carbon dioxide.
 (B)ElectionIf the person described in subparagraph (A) makes an election under this subparagraph in such time and manner as the Secretary may prescribe by regulations, the credit under this section—
 (i)shall be allowable to the person that disposes of the qualified carbon dioxide, utilizes the qualified carbon dioxide, or uses the qualified carbon dioxide as a tertiary injectant, and
 (ii)shall not be allowable to the person described in subparagraph (A). (6)RecaptureThe Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any qualified carbon dioxide which ceases to be captured, disposed of, or used as a tertiary injectant in a manner consistent with the requirements of this section.
							(7)Utilization of qualified carbon dioxide
 (A)In generalFor purposes of this section, utilization of qualified carbon dioxide means— (i)the fixation of such qualified carbon dioxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria,
 (ii)the chemical conversion of such qualified carbon dioxide to a material or chemical compound in which such qualified carbon dioxide is securely stored, or
 (iii)the use of such qualified carbon dioxide for any other purpose for which a commercial market exists (with the exception of use as a tertiary injectant in a qualified enhanced oil or natural gas recovery project), as determined by the Secretary.
									(B)Measurement
 (i)In generalFor purposes of determining the amount of qualified carbon dioxide utilized by the taxpayer under paragraph (2)(B)(ii) or (4)(B)(ii) of subsection (a), such amount shall be equal to the metric tons of carbon dioxide which the taxpayer demonstrates, based upon an analysis of lifecycle greenhouse gas emissions and subject to such requirements as the Secretary, in consultation with the Secretary of Energy and the Administrator of the Environmental Protection Agency, determines appropriate, were captured and prevented from escaping into the atmosphere through use of a process described in subparagraph (A).
 (ii)Lifecycle greenhouse gas emissionsFor purposes of clause (i), the term lifecycle greenhouse gas emissions has the same meaning given such term under subparagraph (H) of section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on the date of the enactment of the Carbon Capture Utilization and Storage Act, except that product shall be substituted for fuel each place it appears in such subparagraph.
 (8)Inflation adjustmentIn the case of any taxable year beginning in a calendar year after 2009, there shall be substituted for each dollar amount contained in paragraphs (1) and (2) of subsection (a) an amount equal to the product of—
 (A)such dollar amount, multiplied by (B)the inflation adjustment factor for such calendar year determined under section 43(b)(3)(B) for such calendar year, determined by substituting 2008 for 1990.
 (f)Application of section for certain carbon capture equipmentIn the case of any qualified carbon capture equipment placed in service before the date of the enactment of the Carbon Capture Utilization and Storage Act, the credit under this section shall apply with respect to qualified carbon dioxide captured using such equipment before the end of the calendar year in which the Secretary, in consultation with the Administrator of the Environmental Protection Agency, certifies that 75,000,000 metric tons of qualified carbon dioxide have been taken into account in accordance with paragraphs (1) and (2) of subsection (a) during the period beginning after October 3, 2008.
 (g)RegulationsThe Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section, including regulations or other guidance to—
 (1)ensure proper allocation under subsection (a) for qualified carbon dioxide captured by a taxpayer during the taxable year ending after the date of the enactment of the Carbon Capture Utilization and Storage Act, and
 (2)determine whether a facility satisfies the requirements under subsection (d)(1) during such taxable year..
 (b)Effective dateThe amendments made by this section shall take effect on the date of the enactment of this Act.


117 S2193 IS: Protections for Socially Good Activities Act
U.S. Senate
2021-06-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2193IN THE SENATE OF THE UNITED STATESJune 23, 2021Mr. Braun (for himself and Mr. Burr) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo ensure that an employment relationship is not established between a franchisor and a franchisee if the franchisor engages in certain activities, and for other purposes.1.Short titleThis Act may be cited as the Protections for Socially Good Activities Act.2.DefinitionsIn this Act:(1)Employment relationshipThe term employment relationship means any type of joint employer relationship, single employer relationship, or other employment-related status or relationship under any of the laws described in section 3(b).(2)FranchiseeThe term franchisee means a franchisee, as defined—(A)in section 436.1(i) of title 16, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or(B)under an applicable State franchise law.(3)FranchisorThe term franchisor means a franchisor, as defined—(A)in section 436.1(k) of title 16, Code of Federal Regulations, as in effect on the day before the date of enactment of this Act; or(B)under an applicable State franchise law.3.Safe harbor(a)In generalFor the purposes of each law described in subsection (b), none of the following may be construed, alone or in combination with any other factor, as establishing an employment relationship between a franchisor (or any employee of the franchisor) and a franchisee (or any employee of the franchisee):(1)The franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with, or requires the franchisee (or any employee of the franchisee) to use, a handbook, or other training, on sexual harassment, human trafficking, workplace violence, discrimination, or opportunities for apprenticeships or scholarships.(2)The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy on sexual harassment, human trafficking, workplace violence, discrimination, opportunities for apprenticeships or scholarships, childcare, or paid leave, including a requirement for the franchisee (or any employee of the franchisee) to report to the franchisor (or any employee of the franchisor) any violations or suspected violations of such policy.(3)The franchisor (or any employee of the franchisor) requires the franchisee (or any employee of the franchisee) to adopt a policy based on the novel coronavirus (referred to in this paragraph as COVID–19) pandemic such as the use of personal protective equipment or other policies, or the franchisor (or any employee of the franchisor) provides the franchisee (or any employee of the franchisee) with personal protective equipment or other material goods or compensation to help the franchisee (or any employee of the franchisee) during or due to the COVID–19 pandemic. (b)LawsThe laws described in this subsection are each of the following:(1)The National Labor Relations Act (29 U.S.C. 151 et seq.).(2)The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).(3)The Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.). 4.PreemptionExcept with respect to the definitions of the terms franchisee and franchisor under section 2, this Act shall preempt any State law to the extent that such State law is inconsistent with the provisions of this Act.


113 HR 3611 IH: DHS Immigration Accountability and Transparency Act of 2013
U.S. House of Representatives
2013-11-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I113th CONGRESS1st SessionH. R. 3611IN THE HOUSE OF REPRESENTATIVESNovember 21, 2013Mr. Perry (for himself, Mr. Barletta, Mrs. Bachmann, Mr. Smith of Texas, Mr. Stewart, Mr. Cotton, and Mr. Gingrey of Georgia) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require the Secretary of Homeland Security to submit to Congress an annual report on immigration policy directives issued by the Department of Homeland Security, to ensure that each such policy directive is subject to the rule making process described in section 553 of title 5, United States Code, and for other purposes.1.Short titleThis Act may be cited as the DHS Immigration Accountability and Transparency Act of 2013.2.Transparency Requirement for Immigration Policy Directives(a)Reporting requirementThe Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives an annual report on immigration policy directives.(b)Matters coveredThe report required by subsection (a) shall include, at a minimum—(1)statistics on the removal of aliens from the United States during the 10-year period preceding the date of submission of the report, including the number of aliens placed in removal proceedings but not removed;(2)statistics and a cost-benefit analysis regarding the use of Federal funds to implement each immigration policy directive issued by the Department of Homeland Security during the period beginning on January 20, 2009, and ending on the date of submission of the report;(3)the number of aliens unlawfully present or without lawful status in the United States with an immigration status that was modified or otherwise adjusted as a result of each such policy directive, including an identification of the new status assigned to each such alien;(4)the number of aliens unlawfully present or without lawful status in the United States who applied for and were denied relief as a result of each such policy directive, and the percentage of such aliens against whom removal proceedings were initiated;(5)for each alien denied relief under paragraph (4) against whom removal proceedings were not initiated, an explanation of why such action was not taken and a listing of the final determination made in such alien’s case, if any;(6)the number of cases in the Executive Office for Immigration Review of the Department of Justice that were administratively closed as a result of each such policy directive and an identification of the new status or statuses assigned to the aliens in such cases;(7)statistics on aliens unlawfully present or without lawful status in the United States released from prisons or administrative detention centers since January 20, 2009, including—(A)the number of such aliens convicted or formally accused of a violent crime; and(B)the number of such aliens released in each State; and(8)detailed information on the methods used to compile and calculate the information described in paragraphs (1), (2), (3), (4), (5), (6), and (7).(c)Public availabilityThe report required by subsection (a) shall be made publicly available.(d)Reporting deadlineThe Secretary shall submit the first report required by subsection (a) not later than 90 days after the date of the enactment of this Act.(e)Removal of aliens from the United StatesIn this Act, the term removal of aliens from the United States does not include individuals who are denied admission upon being inspected by an immigration officer at the border of the United States.3.Accountability Requirements for Immigration Policy Directives(a)Treatment of an Immigration Policy Directive as a RuleFor purposes of chapters 5, 6, 7, and 8 of title 5, United States Code, an immigration policy directive shall be treated as a rule.(b)Notice RequirementIn publishing a general notice of proposed rule making as required under section 553 of title 5, United States Code, for an immigration policy directive, the Secretary of Homeland Security shall include a report that—(1)describes with reasonable detail the actions the Department of Homeland Security plans to take to implement and enforce the policy directive;(2)indicates whether the policy directive states a new or changed policy regarding the enforcement of any Federal law, and if so, provides a citation to such law; and(3)estimates the number of aliens present in the United States with an immigration status that will be modified as a result of the policy directive and identifies the new status or statuses to be assigned to such aliens.4.DefinitionsIn this Act:(1)Immigration policy directiveThe term immigration policy directive means any communication that is not a rule, issued by the Department of Homeland Security or any agency or office within the Department, regarding the administration or enforcement of immigration law or policy, including memoranda, statements, and guidance documents.(2)RuleThe term rule has the meaning provided in section 551 of title 5, United States Code.


		I
		112th CONGRESS
		1st Session
		H. R. 560
		IN THE HOUSE OF REPRESENTATIVES

			February 8, 2011
			Mr. Walden (for
			 himself, Mr. Thompson of California,
			 Mr. Ross of Arkansas,
			 Mrs. McMorris Rodgers, and
			 Mr. Matheson) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To amend titles XVIII and XIX of the Social Security Act
		  to ensure proportional representation of rural interests on the Medicare
		  Payment Advisory Commission and the Medicaid and CHIP Payment and Access
		  Commission, and to provide for greater transparency in proceedings of those
		  Commissions.

		1.Short titleThis Act may be cited as the
			 Rural Representation and Transparency
			 Improvement Act.
		2.Ensuring
			 proportional representation of interests of rural areas on the Medicare Payment
			 Advisory Commission (MedPAC) and greater transparency of MedPAC
			 proceedings
			(a)Rural
			 representationParagraph (2) of section 1805(c) of the Social
			 Security Act (42 U.S.C. 1395b–6(c)) is amended—
				(1)in subparagraph
			 (A), by inserting consistent with subparagraph (E) after
			 rural representatives; and
				(2)by adding at the
			 end the following new subparagraph:

						(E)Proportional
				representation of interests of rural areasIn order to provide a
				balance between urban and rural representatives under subparagraph (A), the
				proportion of members of the Commission who represent the interests of health
				care providers and Medicare beneficiaries located in rural areas shall be no
				less than the proportion of the total number of Medicare beneficiaries who
				reside in rural
				areas.
						.
				(b)Greater
			 transparency of proceedingsSuch section is further amended by
			 adding at the end the following new paragraph:

					(7)Greater
				transparency of proceedingsThe Commission shall provide through the
				Internet or such easy public access to and full and timely public disclosure of
				its proceedings, such as through the posting of audio or video coverage of its
				proceedings and of transcripts of its proceedings, as may be practicable within
				the resources available to the
				Commission.
					.
			(c)Effective
			 dateThe amendments made by subsection (a) shall apply to
			 appointments to the Medicare Payment Advisory Commission made after the date of
			 enactment of this Act and the amendment made by subsection (b) shall apply to
			 proceedings occurring on or after the date that is 6 months after the date of
			 the enactment of this Act.
			3.Ensuring proportional
			 representation of interests of rural areas on the Medicaid and CHIP Payment and
			 Access Commission (MACPAC) and greater transparency of MACPAC
			 proceedings
			(a)Rural
			 representationParagraph (2) of section 1900(c) of the Social
			 Security Act (42 U.S.C. 1396(c)) is amended—
				(1)in subparagraph
			 (A), by inserting consistent with subparagraph (E) after
			 rural representation; and
				(2)by adding at the
			 end the following new subparagraph:

						(E)Proportional
				representation of interests of rural areasIn order to provide a
				balance between urban and rural representation under subparagraph (A), the
				proportion of members of MACPAC who represent the interests of health care
				providers and Medicaid beneficiaries located in rural areas shall be no less
				than the proportion of the total number of Medicaid beneficiaries who reside in
				rural
				areas.
						.
				(b)Greater
			 transparency of proceedingsSuch section is further amended by
			 adding at the end the following new paragraph:

					(7)Greater
				transparency of proceedingsThe MACPAC shall provide through the
				Internet for such easy public access to and full and timely public disclosure
				of its proceedings, such as through the posting of audio or video coverage of
				its proceedings and of transcripts of its proceedings, as may be practicable
				within the resources available to
				MACPAC.
					.
			(c)Effective
			 dateThe amendments made by
			 subsection (a) shall apply to appointments to the Medicaid and CHIP Payment and
			 Access Commission made after the date of enactment of this Act and the
			 amendment made by subsection (b) shall apply to proceedings occurring on or
			 after the date that is 6 months after the date of the enactment of this
			 Act.