113 HR 2104 IH: Protecting the Privacy of Social Security Numbers Act of 2013
U.S. House of Representatives
2013-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2104
		IN THE HOUSE OF REPRESENTATIVES

			May 22, 2013
			Mr. Frelinghuysen
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary, 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 title 18, United States Code, and the Social
		  Security Act to limit the misuse of Social Security numbers, to establish
		  criminal penalties for such misuse, and for other purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Protecting the Privacy of Social Security Numbers Act of
			 2013.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Findings.
					Sec. 3. Prohibition of the display, sale,
				or purchase of Social Security numbers.
					Sec. 4. Application of prohibition of the
				display, sale, or purchase of Social Security numbers to public
				records.
					Sec. 5. Rulemaking authority of the
				Attorney General.
					Sec. 6. Limits on personal disclosure of a
				Social Security number for consumer transactions.
					Sec. 7. Extension of civil monetary
				penalties for misuse of a Social Security number.
					Sec. 8. Criminal penalties for the misuse
				of a Social Security number.
					Sec. 9. Civil actions and civil
				penalties.
					Sec. 10. Federal injunctive
				authority.

			2.FindingsThe Congress makes the following
			 findings:
			(1)The inappropriate
			 display, sale, or purchase of Social Security numbers has contributed to a
			 growing range of illegal activities, including fraud, identity theft, and, in
			 some cases, stalking and other violent crimes.
			(2)While financial
			 institutions, health care providers, and other entities have often used Social
			 Security numbers to confirm the identity of an individual, the general display
			 to the public, sale, or purchase of these numbers has been used to commit
			 crimes, and also can result in serious invasions of individual privacy.
			(3)The Federal
			 Government requires virtually every individual in the United States to obtain
			 and maintain a Social Security number in order to pay taxes, to qualify for
			 Social Security benefits, or to seek employment. An unintended consequence of
			 these requirements is that Social Security numbers have become one of the tools
			 that can be used to facilitate crime, fraud, and invasions of the privacy of
			 the individuals to whom the numbers are assigned. Because the Federal
			 Government created and maintains this system, and because the Federal
			 Government does not permit individuals to exempt themselves from those
			 requirements, it is appropriate for the Federal Government to take steps to
			 stem the abuse of Social Security numbers.
			(4)The display, sale,
			 or purchase of Social Security numbers in no way facilitates uninhibited,
			 robust, and wide-open public debate, and restrictions on such display, sale, or
			 purchase would not affect public debate.
			(5)No one should seek
			 to profit from the display, sale, or purchase of Social Security numbers in
			 circumstances that create a substantial risk of physical, emotional, or
			 financial harm to the individuals to whom those numbers are assigned.
			(6)Consequently, this
			 Act provides each individual that has been assigned a Social Security number
			 some degree of protection from the display, sale, and purchase of that number
			 in any circumstance that might facilitate unlawful conduct.
			3.Prohibition of
			 the display, sale, or purchase of Social Security numbers
			(a)Prohibition
				(1)In
			 generalChapter 47 of title 18, United States Code, is amended by
			 inserting after section 1028A the following:

						1028B.Prohibition
				of the display, sale, or purchase of Social Security numbers
							(a)DefinitionsIn
				this section:
								(1)DisplayThe
				term display means to intentionally communicate or otherwise make
				available (on the Internet or in any other manner) to the general public an
				individual’s Social Security number.
								(2)PersonThe
				term person means any individual, partnership, corporation, trust,
				estate, cooperative, association, or any other entity.
								(3)PurchaseThe
				term purchase means providing directly or indirectly, anything of
				value in exchange for a Social Security number.
								(4)SaleThe
				term sale means obtaining, directly or indirectly, anything of
				value in exchange for a Social Security number.
								(5)StateThe
				term State means any State of the United States, the District of
				Columbia, Puerto Rico, the Northern Mariana Islands, the United States Virgin
				Islands, Guam, American Samoa, and any territory or possession of the United
				States.
								(b)Limitation on
				displayExcept as provided in section 1028C, no person may
				display any individual’s Social Security number to the general public without
				the affirmatively expressed consent of the individual.
							(c)Limitation on
				sale or purchaseExcept as otherwise provided in this section, no
				person may sell or purchase any individual’s Social Security number without the
				affirmatively expressed consent of the individual.
							(d)Prerequisites
				for consentIn order for consent to exist under subsection (b) or
				(c), the person displaying or seeking to display, selling or attempting to
				sell, or purchasing or attempting to purchase, an individual’s Social Security
				number shall—
								(1)inform the
				individual of the general purpose for which the number will be used, the types
				of persons to whom the number may be available, and the scope of transactions
				permitted by the consent; and
								(2)obtain the
				affirmatively expressed consent (electronically or in writing) of the
				individual.
								(e)ExceptionsNothing
				in this section shall be construed to prohibit or limit the display, sale, or
				purchase of a Social Security number—
								(1)required,
				authorized, or excepted under any Federal law;
								(2)for a public
				health purpose, including the protection of the health or safety of an
				individual in an emergency situation;
								(3)for a national
				security purpose;
								(4)for a law
				enforcement purpose, including the investigation of fraud and the enforcement
				of a child support obligation;
								(5)if the display,
				sale, or purchase of the number is for a use occurring as a result of an
				interaction between businesses, governments, or business and government
				(regardless of which entity initiates the interaction), including, but not
				limited to—
									(A)the prevention of
				fraud (including fraud in protecting an employee’s right to employment
				benefits);
									(B)the facilitation
				of credit checks or the facilitation of background checks of employees,
				prospective employees, or volunteers;
									(C)the retrieval of
				other information from other businesses, commercial enterprises, government
				entities, or private nonprofit organizations; or
									(D)when the
				transmission of the number is incidental to, and in the course of, the sale,
				lease, franchising, or merger of all, or a portion of, a business;
									(6)if the transfer of
				such a number is part of a data matching program involving a Federal, State, or
				local agency; or
								(7)if such number is
				required to be submitted as part of the process for applying for any type of
				Federal, State, or local government benefit or program;
								except
				that, nothing in this subsection shall be construed as permitting a
				professional or commercial user to display or sell a Social Security number to
				the general public.(f)LimitationNothing
				in this section shall prohibit or limit the display, sale, or purchase of
				Social Security numbers as permitted under title V of the Gramm-Leach-Bliley
				Act, or for the purpose of affiliate sharing as permitted under the
				Fair Credit Reporting Act, except
				that no entity regulated under such Acts may make Social Security numbers
				available to the general public, as may be determined by the appropriate
				regulators under such Acts. For purposes of this subsection, the general public
				shall not include affiliates or unaffiliated third-party business entities as
				may be defined by the appropriate
				regulators.
							.
				(2)Conforming
			 amendmentThe chapter analysis for chapter 47 of title 18, United
			 States Code, is amended by inserting after the item relating to section 1028A
			 the following:

							1028B. Prohibition of the display, sale,
				or purchase of Social Security
				numbers.

						.
				(b)Effective
			 dateThe amendments made by this section shall take effect on the
			 date that is 30 days after the date on which the final regulations promulgated
			 under section 5 are published in the Federal Register.
			4.Application of
			 Prohibition of the display, sale, or purchase of Social Security numbers to
			 public records
			(a)Public records
			 exception
				(1)In
			 generalChapter 47 of title 18, United States Code (as amended by
			 section 3(a)(1)), is amended by inserting after section 1028B the
			 following:

						1028C.Display,
				sale, or purchase of public records containing Social Security numbers
							(a)DefinitionIn
				this section, the term public record means any governmental record
				that is made available to the general public.
							(b)In
				generalExcept as provided in subsections (c), (d), and (e),
				section 1028B shall not apply to a public record.
							(c)Public records
				on the Internet or in an electronic medium
								(1)In
				generalSection 1028B shall apply to any public record first
				posted onto the Internet or provided in an electronic medium by, or on behalf
				of, a government entity after the date of the enactment of this section, except
				as limited by the Attorney General in accordance with paragraph (2).
								(2)Exception for
				government entities already placing public records on the Internet or in
				electronic formNot later than 60 days after the date of the
				enactment of this section, the Attorney General shall issue regulations
				regarding the applicability of section 1028B to any record of a category of
				public records first posted onto the Internet or provided in an electronic
				medium by, or on behalf of, a government entity prior to the date of the
				enactment of this section. The regulations will determine which individual
				records within categories of records of these government entities, if any, may
				continue to be posted on the Internet or in electronic form after the effective
				date of this section. In promulgating these regulations, the Attorney General
				may include in the regulations a set of procedures for implementing the
				regulations and shall consider the following:
									(A)The cost and
				availability of technology available to a governmental entity to redact Social
				Security numbers from public records first provided in electronic form after
				the effective date of this section.
									(B)The cost or burden
				to the general public, businesses, commercial enterprises, non-profit
				organizations, and to Federal, State, and local governments of complying with
				section 1028B with respect to such records.
									(C)The benefit to the
				general public, businesses, commercial enterprises, non-profit organizations,
				and to Federal, State, and local governments if the Attorney General were to
				determine that section 1028B should apply to such records.
									Nothing in
				the regulation shall permit a public entity to post a category of public
				records on the Internet or in electronic form after the effective date of this
				section if such category had not been placed on the Internet or in electronic
				form prior to such effective date.(d)Harvested Social
				Security numbersSection 1028B shall apply to any public record
				of a government entity which contains Social Security numbers extracted from
				other public records for the purpose of displaying or selling such numbers to
				the general public.
							(e)Attorney General
				rulemaking on paper records
								(1)In
				generalNot later than 60 days after the date of the enactment of
				this section, the Attorney General shall determine the feasibility and
				advisability of applying section 1028B to the records listed in paragraph (2)
				when they appear on paper or on another nonelectronic medium. If the Attorney
				General deems it appropriate, the Attorney General may issue regulations
				applying section 1028B to such records.
								(2)List of paper
				and other nonelectronic recordsThe records listed in this
				paragraph are as follows:
									(A)Professional or
				occupational licenses.
									(B)Marriage
				licenses.
									(C)Birth
				certificates.
									(D)Death
				certificates.
									(E)Other short public
				documents that display a Social Security number in a routine and consistent
				manner on the face of the document.
									(3)Criteria for
				Attorney General reviewIn determining whether section 1028B
				should apply to the records listed in paragraph (2), the Attorney General shall
				consider the following:
									(A)The cost or burden
				to the general public, businesses, commercial enterprises, non-profit
				organizations, and to Federal, State, and local governments of complying with
				section 1028B.
									(B)The benefit to the
				general public, businesses, commercial enterprises, non-profit organizations,
				and to Federal, State, and local governments if the Attorney General were to
				determine that section 1028B should apply to such
				records.
									.
				(2)Conforming
			 amendmentThe chapter analysis for chapter 47 of title 18, United
			 States Code (as amended by section 3(a)(2)), is amended by inserting after the
			 item relating to section 1028B the following:

							1028C. Display, sale, or purchase of
				public records containing Social Security
				numbers.

						.
				(b)Effective
			 dateThe prohibition with respect to electronic versions of new
			 classes of public records under section 1028C(b) of title 18, United States
			 Code (as added by subsection (a)(1)) shall not take effect until the date that
			 is 60 days after the date of the enactment of this Act.
			5.Rulemaking
			 authority of the Attorney General
			(a)In
			 generalExcept as provided in subsection (b), the Attorney
			 General may prescribe such rules and regulations as the Attorney General deems
			 necessary to carry out the provisions of section 1028B(e)(5) of title 18,
			 United States Code (as added by section 3(a)(1)).
			(b)Display, sale,
			 or purchase rulemaking with respect to interactions between businesses,
			 governments, or business and government
				(1)In
			 generalNot later than 1 year after the date of the enactment of
			 this Act, the Attorney General, in consultation with the Commissioner of Social
			 Security, the Chairman of the Federal Trade Commission, and such other heads of
			 Federal agencies as the Attorney General determines appropriate, shall conduct
			 such rulemaking procedures in accordance with subchapter II of chapter 5 of
			 title 5, United States Code, as are necessary to promulgate regulations to
			 implement and clarify the uses occurring as a result of an interaction between
			 businesses, governments, or business and government (regardless of which entity
			 initiates the interaction) permitted under section 1028B(e)(5) of title 18,
			 United States Code (as added by section 3(a)(1)).
				(2)Factors to be
			 consideredIn promulgating the regulations required under
			 paragraph (1), the Attorney General shall, at a minimum, consider the
			 following:
					(A)The benefit to a
			 particular business, to customers of the business, and to the general public of
			 the display, sale, or purchase of an individual’s Social Security
			 number.
					(B)The costs that
			 businesses, customers of businesses, and the general public may incur as a
			 result of prohibitions on the display, sale, or purchase of Social Security
			 numbers.
					(C)The risk that a
			 particular business practice will promote the use of a Social Security number
			 to commit fraud, deception, or crime.
					(D)The presence of
			 adequate safeguards, procedures, and technologies to prevent—
						(i)misuse of Social
			 Security numbers by employees within a business; and
						(ii)misappropriation
			 of Social Security numbers by the general public, while permitting internal
			 business uses of such numbers.
						(E)The presence of
			 procedures to prevent identity thieves, stalkers, and other individuals with
			 ill intent from posing as legitimate businesses to obtain Social Security
			 numbers.
					(F)The impact of such
			 uses on privacy.
					6.Limits on
			 personal disclosure of a Social Security number for consumer
			 transactions
			(a)In
			 generalPart A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is
			 amended by adding at the end the following:

					1150C.Limits on
				personal disclosure of a Social Security number for consumer
				transactions
						(a)In
				generalA commercial entity may not require an individual to
				provide the individual’s Social Security number when purchasing a commercial
				good or service or deny an individual the good or service for refusing to
				provide that number except—
							(1)for any purpose
				relating to—
								(A)obtaining a
				consumer report for any purpose permitted under the
				Fair Credit Reporting Act;
								(B)a background check
				of the individual conducted by a landlord, lessor, employer, voluntary service
				agency, or other entity as determined by the Attorney General;
								(C)law enforcement;
				or
								(D)a Federal, State,
				or local law requirement; or
								(2)if the Social
				Security number is necessary to verify the identity of the consumer to effect,
				administer, or enforce the specific transaction requested or authorized by the
				consumer, or to prevent fraud.
							(b)Application of
				civil money penaltiesA violation of this section shall be deemed
				to be a violation of section 1129(a)(3)(F).
						(c)Application of
				criminal penaltiesA violation of this section shall be deemed to
				be a violation of section 208(a)(8).
						(d)Limitation on
				class actionsNo class action alleging a violation of this
				section shall be maintained under this section by an individual or any private
				party in Federal or State court.
						(e)State Attorney
				General enforcement
							(1)In
				general
								(A)Civil
				actionsIn any case in which the attorney general of a State has
				reason to believe that an interest of the residents of that State has been or
				is threatened or adversely affected by the engagement of any person in a
				practice that is prohibited under this section, the State, as parens patriae,
				may bring a civil action on behalf of the residents of the State in a district
				court of the United States of appropriate jurisdiction to—
									(i)enjoin that
				practice;
									(ii)enforce
				compliance with such section;
									(iii)obtain damages,
				restitution, or other compensation on behalf of residents of the State;
				or
									(iv)obtain such other
				relief as the court may consider appropriate.
									(B)Notice
									(i)In
				generalBefore filing an action under subparagraph (A), the
				attorney general of the State involved shall provide to the Attorney
				General—
										(I)written notice of
				the action; and
										(II)a copy of the
				complaint for the action.
										(ii)Exemption
										(I)In
				generalClause (i) shall not apply with respect to the filing of
				an action by an attorney general of a State under this subsection, if the State
				attorney general determines that it is not feasible to provide the notice
				described in such subparagraph before the filing of the action.
										(II)NotificationWith
				respect to an action described in subclause (I), the attorney general of a
				State shall provide notice and a copy of the complaint to the Attorney General
				at the same time as the State attorney general files the action.
										(2)Intervention
								(A)In
				generalOn receiving notice under paragraph (1)(B), the Attorney
				General shall have the right to intervene in the action that is the subject of
				the notice.
								(B)Effect of
				interventionIf the Attorney General intervenes in the action
				under paragraph (1), the Attorney General shall have the right to be heard with
				respect to any matter that arises in that action.
								(3)ConstructionFor
				purposes of bringing any civil action under paragraph (1), nothing in this
				section shall be construed to prevent an attorney general of a State from
				exercising the powers conferred on such attorney general by the laws of that
				State to—
								(A)conduct
				investigations;
								(B)administer oaths
				or affirmations; or
								(C)compel the
				attendance of witnesses or the production of documentary and other
				evidence.
								(4)Actions by the
				Attorney General of the United StatesIn any case in which an
				action is instituted by or on behalf of the Attorney General for violation of a
				practice that is prohibited under this section, no State may, during the
				pendency of that action, institute an action under paragraph (1) against any
				defendant named in the complaint in that action for violation of that
				practice.
							(5)Venue; service
				of process
								(A)VenueAny
				action brought under paragraph (1) may be brought in the district court of the
				United States that meets applicable requirements relating to venue under
				section 1391 of title 28, United States Code.
								(B)Service of
				processIn an action brought under paragraph (1), process may be
				served in any district in which the defendant—
									(i)is
				an inhabitant; or
									(ii)may be
				found.
									(f)SunsetThis
				section shall not apply on or after the date that is 6 years after the
				effective date of this
				section.
						.
			(b)Evaluation and
			 reportNot later than the date that is 6 years and 6 months after
			 the date of the enactment of this Act, the Attorney General, in consultation
			 with the chairman of the Federal Trade Commission, shall issue a report
			 evaluating the effectiveness and efficiency of section 1150C of the
			 Social Security Act (as added by
			 subsection (a)) and shall make recommendations to the Congress as to any
			 legislative action determined to be necessary or advisable with respect to such
			 section, including a recommendation regarding whether to reauthorize such
			 section.
			(c)Effective
			 dateThe amendment made by subsection (a) shall apply to requests
			 to provide a Social Security number occurring after the date that is 1 year
			 after the date of the enactment of this Act.
			7.Extension of
			 civil monetary penalties for misuse of a Social Security number
			(a)Application of
			 civil money penalties to elements of criminal violationsSection
			 1129(a) of the Social Security Act (42
			 U.S.C. 1320a–8(a)) is amended—
				(1)by redesignating
			 paragraphs (2) and (3) as paragraphs (4) and (5), respectively;
				(2)by designating the
			 last sentence of paragraph (1) as paragraph (2) and inserting such paragraph
			 after paragraph (1); and
				(3)by inserting after
			 paragraph (2) (as so designated and inserted under paragraph (2) of this
			 subsection) the following:

						(3)Any person (including an
				organization, agency, or other entity) who—
							(A)uses a Social Security account number
				that such person knows or should know has been assigned by the Commissioner of
				Social Security (in an exercise of authority under section 205(c)(2) to
				establish and maintain records) on the basis of false information furnished to
				the Commissioner by any person;
							(B)falsely represents a number to be the
				Social Security account number assigned by the Commissioner of Social Security
				to any individual, when such person knows or should know that such number is
				not the Social Security account number assigned by the Commissioner to such
				individual;
							(C)knowingly alters a Social Security
				card issued by the Commissioner of Social Security, or possesses such a card
				with intent to alter it;
							(D)knowingly displays, sells, or
				purchases a card that is, or is purported to be, a card issued by the
				Commissioner of Social Security, or possesses such a card with intent to
				display, purchase, or sell it;
							(E)counterfeits a Social Security card,
				or possesses a counterfeit Social Security card with intent to display, sell,
				or purchase it;
							(F)discloses, uses, compels the
				disclosure of, or knowingly displays, sells, or purchases the Social Security
				account number of any person in violation of the laws of the United
				States;
							(G)with intent to deceive the
				Commissioner of Social Security as to such person’s true identity (or the true
				identity of any other person) furnishes or causes to be furnished false
				information to the Commissioner with respect to any information required by the
				Commissioner in connection with the establishment and maintenance of the
				records provided for in section 205(c)(2);
							(H)offers, for a fee, to acquire for any
				individual, or to assist in acquiring for any individual, an additional Social
				Security account number or a number which is or is purported to be a Social
				Security account number; or
							(I)being an officer or employee of a
				Federal, State, or local agency in possession of any individual’s Social
				Security account number, willfully acts or fails to act so as to cause a
				violation by such agency of section 205(c)(2)(C)(vi)(II) (relating to
				prohibition of display of Social Security account numbers on driver’s licenses,
				motor vehicle registrations, and personal identification cards) or section
				205(c)(2)(C)(x) (added by Public Law 111–318 and relating to prohibition of
				display of Social Security account numbers on checks issued for payment by
				Federal, State, or local agencies),
							shall be
				subject to, in addition to any other penalties that may be prescribed by law, a
				civil money penalty of not more than $5,000 for each violation. Such person
				shall also be subject to an assessment, in lieu of damages sustained by the
				United States resulting from such violation, of not more than twice the amount
				of any benefits or payments paid as a result of such
				violation..
				(b)Effective
			 dates
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall apply with respect to violations of section 1129 of the
			 Social Security Act (42 U.S.C.
			 1320–8), as amended by this section, committed after the date of the enactment
			 of this Act.
				(2)Violations by
			 government agents in possession of Social Security
			 numbersSection 1129(a)(3)(I) of the
			 Social Security Act (42 U.S.C.
			 1320a–8(a)(3)(I)), as added by subsection (a), shall apply with respect to
			 violations of that section occurring on or after the effective date described
			 in section 3(c).
				8.Criminal
			 penalties for the misuse of a Social Security number
			(a)Prohibition of
			 wrongful use as personal identification numberNo person may
			 obtain any individual’s Social Security number for purposes of locating or
			 identifying an individual with the intent to physically injure, harm, or use
			 the identity of the individual for any illegal purpose.
			(b)Criminal
			 sanctionsSection 208(a) of the Social Security Act (42 U.S.C. 408(a)) is
			 amended—
				(1)in paragraph (8),
			 by adding or after the semicolon; and
				(2)by inserting after
			 paragraph (8) the following:

						(9)except as provided
				in subsections (e) and (f) of section 1028B of title 18, United States Code,
				knowingly and willfully displays, sells, or purchases (as those terms are
				defined in section 1028B(a) of title 18, United States Code) any individual’s
				Social Security account number without having met the prerequisites for consent
				under section 1028B(d) of title 18, United States Code; or
						(10)obtains any
				individual’s Social Security number for the purpose of locating or identifying
				the individual with the intent to injure or to harm that individual, or to use
				the identity of that individual for an illegal
				purpose;
						.
				9.Civil actions and
			 civil penalties
			(a)Civil action in
			 State courts
				(1)In
			 generalAny individual aggrieved by an act of any person in
			 violation of this Act, any amendments made by this Act, or clause (x) or (xi)
			 of section 205(c)(2)(C) of the Social Security Act (added by the Social
			 Security Number Protection Act of 2010 (Public Law 111–318)) may, if otherwise
			 permitted by the laws or rules of the court of a State, bring in an appropriate
			 court of that State—
					(A)an action to
			 enjoin such violation;
					(B)an action to
			 recover for actual monetary loss from such a violation, or to receive up to
			 $500 in damages for each such violation, whichever is greater; or
					(C)both such
			 actions.
					It shall be
			 an affirmative defense in any action brought under this paragraph that the
			 defendant has established and implemented, with due care, reasonable practices
			 and procedures to effectively prevent violations of the provisions of this Act,
			 the amendments made by this Act, such clause (x) or (xi), or regulations
			 prescribed under this Act, such amendments, or such clause. If the court finds
			 that the defendant willfully or knowingly violated any such provision, the
			 court may, in its discretion, increase the amount of the award to an amount
			 equal to not more than 3 times the amount available under subparagraph
			 (B).(2)Statute of
			 limitationsAn action may be commenced under this subsection not
			 later than the earlier of—
					(A)5 years after the
			 date on which the alleged violation occurred; or
					(B)3 years after the
			 date on which the alleged violation was or should have been reasonably
			 discovered by the aggrieved individual.
					(3)Nonexclusive
			 remedyThe remedy provided under this subsection shall be in
			 addition to any other remedies available to the individual.
				(b)Civil
			 penalties
				(1)In
			 generalAny person who the
			 Attorney General determines has violated any provision of this Act, the
			 amendments made by this Act, or clause (x) or (xi) of section 205(c)(2)(C) of
			 the Social Security Act (added by the Social Security Number Protection Act of
			 2010 (Public Law 111–318)) shall be subject, in addition to any other penalties
			 that may be prescribed by law—
					(A)to a civil penalty
			 of not more than $5,000 for each such violation; and
					(B)to a civil penalty
			 of not more than $50,000, if the violations have occurred with such frequency
			 as to constitute a general business practice.
					(2)Determination of
			 violationsAny willful violation committed contemporaneously with
			 respect to the Social Security numbers of two or more individuals by means of
			 mail, telecommunication, or otherwise, shall be treated as a separate violation
			 with respect to each such individual.
				(3)Enforcement
			 proceduresThe provisions of section 1128A of the
			 Social Security Act (42 U.S.C.
			 1320a–7a), other than subsections (a), (b), (f), (h), (i), (j), (m), and (n)
			 and the first sentence of subsection (c) of such section, and the provisions of
			 subsections (d) and (e) of section 205 of such Act (42 U.S.C. 405) shall apply
			 to a civil penalty action under this subsection in the same manner as such
			 provisions apply to a penalty or proceeding under section 1128A(a) of such Act
			 (42 U.S.C. 1320a–7a(a)), except that, for purposes of this paragraph, any
			 reference in section 1128A of such Act (42 U.S.C. 1320a–7a) to the Secretary
			 shall be deemed to be a reference to the Attorney General.
				10.Federal
			 injunctive authorityIn
			 addition to any other enforcement authority conferred under this Act or the
			 amendments made by this Act, the Federal Government shall have injunctive
			 authority with respect to any violation by a public entity of any provision of
			 this Act, of any amendments made by this Act, or of clause (x) or (xi) of
			 section 205(c)(2)(C) of the Social Security Act (added by the Social Security
			 Number Protection Act of 2010 (Public Law 111–318)).


116 HR 877 RH: Modernizing the Pittman-Robertson Fund for Tomorrow’s Needs Act
U.S. House of Representatives
2020-12-08
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.

IBUnion Calendar No. 513116th CONGRESS2d SessionH. R. 877[Report No. 116–628]IN THE HOUSE OF REPRESENTATIVESJanuary 30, 2019Mr. Austin Scott of Georgia (for himself, Mr. Veasey, Mr. Hudson, and Mrs. Dingell) introduced the following bill; which was referred to the Committee on Natural ResourcesDecember 8, 2020Additional sponsors: Mr. Gianforte, Mr. Mooney of West Virginia, Mr. Williams, Mr. Hill of Arkansas, Mr. Walberg, Mr. Latta, Mr. Webster of Florida, Mr. Mitchell, Ms. Cheney, Mr. Cole, Mr. Wittman, Mr. Hice of Georgia, Mr. Van Drew, Mr. Calvert, Mr. Upton, Mr. Kustoff of Tennessee, Mr. DesJarlais, Mr. Westerman, Ms. Torres Small of New Mexico, Ms. Kendra S. Horn of Oklahoma, Mr. Cox of California, Mr. Cunningham, Mr. Palazzo, Mr. Kind, Mr. Peterson, Mr. Fleischmann, Mr. Kelly of Mississippi, and Mr. GuestDecember 8, 2020Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be printedA BILLTo amend the Pittman-Robertson Wildlife Restoration Act to modernize the funding of wildlife conservation, and for other purposes.1.Short titleThis Act may be cited as the Modernizing the Pittman-Robertson Fund for Tomorrow’s Needs Act.2.PurposeThe first section of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669) is amended by adding at the end the following: One of the purposes of this Act is to provide financial and technical assistance to the States for the promotion of hunting and recreational shooting..3.DefinitionsSection 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—(1)by redesignating paragraphs (2) through (8) as paragraphs (4) through (10), respectively; and(2)by inserting after paragraph (1) the following:(2)for the purposes of determining the number of paid hunting-license holders in a State, the term fiscal year means the fiscal year or license year of the State;(3)the term hunter recruitment and recreational shooter recruitment means any activity or project to recruit or retain hunters and recreational shooters, including by—(A)outreach and communications as a means—(i)to improve communications with hunters, recreational shooters, and the general public with respect to hunting and recreational shooting opportunities;(ii)to reduce barriers to participation in these activities;(iii)to advance the adoption of sound hunting and recreational shooting practices;(iv)to promote conservation and the responsible use of the wildlife resources of the United States; and(v)to further safety in hunting and recreational shooting;(B)providing education, mentoring, and field demonstrations;(C)enhancing access for hunting and recreational shooting, including through range construction; and(D)providing education to the public about the role of hunting and recreational shooting in funding wildlife conservation;.4.Apportionment of available amounts(a)Apportionment of certain taxesThe first subsection (c) of section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended—(1)by inserting Apportionment of revenues from pistols, revolvers, bows, and arrows.— after the enumerator;(2)by striking One-half and inserting the following:(1)In generalSubject to paragraph (2), ½;(3)by striking : Provided, That and inserting a period;(4)by striking each State shall be apportioned not more than 3 per centum and not less than 1 per centum of such revenues and inserting the following:(2)ConditionThe amount apportioned to each State under paragraph (1) shall be not greater than 3 percent and not less than 1 percent of the revenues described in such paragraph; (5)by striking For the purpose and inserting the following:(3)Population determinationFor the purpose; and(6)by adding at the end the following:(4)Use of fundsIn addition to other uses authorized under this Act, amounts apportioned under this subsection may be used for hunter recruitment and recreational shooter recruitment..(b)Technical correctionSection 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is amended by redesignating the second subsection (c) and subsection (d) as subsections (d) and (e), respectively.5.Expenditures for management of wildlife areas and resourcesSection 8 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g) is amended—(1)in subsection (a), in the third sentence, by striking and public relations; and(2)in subsection (b), in the first sentence, by striking , as a part of such program.6.Firearm and bow hunter education and safety program grantsSection 10(a)(1)(A) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1(a)(1)(A)) is amended—(1)in clause (iii), by striking and at the end; and(2)by adding at the end the following:(v)the enhancement of hunter recruitment and recreational shooter recruitment; and.7.Multistate conservation grant program(a)In generalSection 11 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–2) is amended—(1)in subsection (a)(1)—(A)by striking Not more than and inserting the following:(A)In generalNot more than; and(B)by adding at the end the following:(B)Availability for hunter and recreational shooter grantsNot more than $5,000,000 of the revenues covered into the fund from any tax imposed under section 4161(b) of the Internal Revenue Code of 1986 for a fiscal year shall be available to the Secretary exclusively for making hunter recruitment and recreational shooter recruitment grants that promote a national hunting and shooting sport recruitment program, including related communication and outreach activities.;(2)in the matter preceding subsection (b)(3)(A), by striking International;(3)in the matter preceding subsection (c)(2)(A)(i), by striking International;(4)in subsection (c)(2)(A)(i), by inserting or to recreational shooting activities after wildlife; and(5)in subsection (d), by inserting or to recreational shooting activities after wildlife.(b)StudyNot later than 10 years after the date of enactment of this Act, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall—(1)review and evaluate the effects of the funds made available under subparagraph (B) of section 11(a)(1) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–2(a)(1)) (as added by subsection (a)(1)(B)) on funds available for wildlife conservation; and(2)submit a report describing the results of the review and evaluation under paragraph (1) to—(A)the Committee on Environment and Public Works of the Senate; and(B)the Committee on Natural Resources of the House of Representatives.December 8, 2020Committed to the Committee of the Whole House on the State of the Union and ordered to be printed


		II
		109th CONGRESS
		2d Session
		S. 3950
		IN THE SENATE OF THE UNITED STATES

			September 27, 2006
			Ms. Snowe (for herself
			 and Mr. Kerry) 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 allow a
		  credit against income tax for qualified equity investments in certain small
		  businesses.

		1.Short titleThis Act may be cited as the Access
			 to Capital for Entrepreneurs Act of 2006.
		2.Equity investment
			 in small business tax credit
			(a)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to business related credits) is amended
			 by adding at the end the following new section:

					45N.Equity
				investment in small business tax credit
						(a)General
				ruleFor purposes of section 38, in the case of a qualified
				investor, the equity investment in small business tax credit determined under
				this section for the taxable year is an amount equal to 25 percent of the
				amount of each qualified equity investment made by the qualified investor
				during the taxable year.
						(b)Credit
				amountFor purposes of determining the small business tax credit
				under subsection (a)—
							(1)Limitation per
				qualified investorThe amount of qualified equity investments
				made by the qualified investor during the taxable year shall not exceed
				$500,000.
							(2)Limitation per
				qualified small businessThe amount of qualified equity
				investments made by the qualified investor in a qualified small business during
				the taxable year shall not exceed $250,000.
							(c)DefinitionsFor
				purposes of this section—
							(1)Qualified
				investorThe term
				qualified investor means—
								(A)an individual who
				qualifies as an accredited investor under rules and regulations prescribed by
				the Commissioner of the Securities and Exchange Commission, or
								(B)a partnership with respect to which all of
				the partners are individuals who qualify as accredited investors under rules
				and regulations prescribed by the Commissioner of the Securities and Exchange
				Commission.
								(2)Qualified equity
				investmentThe term qualified equity investment
				means the transfer of cash or cash equivalents in exchange for stock or capital
				interest in a qualified small business.
							(3)Qualified small
				businessThe term
				qualified small business means a private small business concern
				(within the meaning of section 3 of the Small Business Act)—
								(A)that meets the
				applicable size standard (as in effect on January 1, 2005) established by the
				Administrator of the Small Business Administration pursuant to subsection
				(a)(2) of such section, and
								(B)has its principal
				place of business in the United States.
								For
				purposes of this section, all members of the same controlled group of
				corporations (within the meaning of section 267(f)) and all persons under
				common control (within the meaning of section 52(b)) shall be treated as 1
				qualified small business.(d)Active business
				requirement
							(1)In
				generalHolding stock in a qualified small business shall not be
				treated as a qualified equity investment unless, during substantially all of
				the qualified investor’s holding period for such stock, such qualified small
				business meets the active business requirements of paragraph (2).
							(2)Requirements
								(A)In
				generalFor purposes of paragraph (1), the requirements of this
				paragraph are met by a qualified small business for any period if during such
				period at least 80 percent (by value) of the assets of such qualified small
				business are used by such qualified small business in the active conduct of 1
				or more qualified trades or businesses.
								(B)Special rule for
				certain activitiesFor purposes of subparagraph (A), if, in
				connection with any future qualified trade or business, a qualified small
				business is engaged in—
									(i)start-up
				activities described in section 195(c)(1)(A),
									(ii)activities
				resulting in the payment or incurring of expenditures which may be treated as
				research and experimental expenditures under section 174, or
									(iii)activities with
				respect to in-house research expenses described in section 41(b)(4),
									assets
				used in such activities shall be treated as used in the active conduct of a
				qualified trade or business. Any determination under this subparagraph shall be
				made without regard to whether a qualified small business has any gross income
				from such activities at the time of the determination.(C)Qualified trade
				or businessFor purposes of this paragraph, the term
				qualified trade or business is as defined in section
				1202(e)(3).
								(D)Stock in other
				entities
									(i)Look-thru in
				case of subsidiariesFor purposes of this subsection, stock and
				debt in any subsidiary entity shall be disregarded and the parent qualified
				small business shall be deemed to own its ratable share of the subsidiary’s
				assets, and to conduct its ratable share of the subsidiary’s activities.
									(ii)Portfolio stock
				or securitiesA qualified small business shall be treated as
				failing to meet the requirements of subparagraph (A) for any period during
				which more than 10 percent of the value of its assets (in excess of
				liabilities) consists of stock or securities in other entities which are not
				subsidiaries of such qualified small business other than assets described in
				subparagraph (E)).
									(iii)SubsidiaryFor
				purposes of this subparagraph, an entity shall be considered a subsidiary if
				the parent owns more than 50 percent of the combined voting power of all
				classes of stock entitled to vote, or more than 50 percent in value of all
				outstanding stock, of such entity.
									(E)Working
				capitalFor purposes of subparagraph (A), any assets
				which—
									(i)are held as a part
				of the reasonably required working capital needs of a qualified trade or
				business of the qualified small business, or
									(ii)are held for
				investment and are reasonably expected to be used within 2 years to finance
				research and experimentation in a qualified trade or business or increases in
				working capital needs of a qualified trade or business,
									shall
				be treated as used in the active conduct of a qualified trade or business. For
				periods after the qualified small business has been in existence for at least 2
				years, in no event may more than 50 percent of the assets of the qualified
				small business qualify as used in the active conduct of a qualified trade or
				business by reason of this subparagraph.(F)Maximum real
				estate holdingsA qualified small business shall not be treated
				as meeting the requirements of subparagraph (A) for any period during which
				more than 10 percent of the total value of its assets consists of real property
				which is not used in the active conduct of a qualified trade or business. For
				purposes of the preceding sentence, the ownership of, dealing in, or renting of
				real property shall not be treated as the active conduct of a qualified trade
				or business.
								(G)Computer
				software royaltiesFor purposes of subparagraph (A), rights to
				computer software which produces active business computer software royalties
				(within the meaning of section 543(d)(1)) shall be treated as an asset used in
				the active conduct of a trade or business.
								(e)Certain
				purchases by qualified investor of its own stock
							(1)Redemptions from
				qualified investor or related personStock acquired by the
				qualified investor shall not be treated as a qualified equity investment if, at
				any time during the 4-year period beginning on the date 2 years before the
				issuance of such stock, the qualified small business issuing such stock
				purchased (directly or indirectly) any of its stock from the qualified investor
				or from a person related (within the meaning of section 267(b) or 707(b)) to
				the qualified investor.
							(2)Significant
				redemptionsStock issued by a qualified small business to a
				qualified investor shall not be treated as a qualified equity investment if,
				during the 2-year period beginning on the date 1 year before the issuance of
				such stock, such qualified small business made 1 or more purchases of its stock
				with an aggregate value (as of the time of the respective purchases) exceeding
				5 percent of the aggregate value of all of its stock as of the beginning of
				such 2-year period.
							(3)Treatment of
				certain transactionsIf any transaction is treated under section
				304(a) as a distribution in redemption of the stock of any qualified small
				business, for purposes of subparagraphs (A) and (B), such qualified small
				business shall be treated as purchasing an amount of its stock equal to the
				amount treated as such a distribution under section 304(a).
							(f)Special rule for
				related parties
							(1)In
				generalNo credit shall be allowed under subsection (a) with
				respect to a qualified equity investment made by a qualified investor in a
				qualified small business that is a related party to the qualified
				investor.
							(2)Related
				partyFor purposes of
				paragraph (1), a person is a related party with respect to another person if
				such person bears a relationship to such other person described in section
				267(b) or 707(b), or if such persons are engaged in trades or businesses under
				common control (within the meaning of subsections (a) and (b) of section
				52).
							(g)Recapture of
				credit in certain cases
							(1)In
				generalIf, at any time during the 3-year period beginning on the
				date that the qualified equity investment is made by the qualified investor,
				there is a recapture event with respect to such investment, then the tax
				imposed by this chapter for the taxable year in which such event occurs shall
				be increased by the credit recapture amount.
							(2)Credit recapture
				amountFor purposes of paragraph (1), the credit recapture amount
				is an amount equal to the sum of—
								(A)the aggregate
				decrease in the credits allowed to the taxpayer under section 38 for all prior
				taxable years which would have resulted if no credit had been determined under
				this section with respect to such investment, plus
								(B)interest at the
				underpayment rate established under section 6621 on the amount determined under
				subparagraph (A) for each prior taxable year for the period beginning on the
				due date for filing the return for the prior taxable year involved.
								No
				deduction shall be allowed under this chapter for interest described in
				subparagraph (B).(3)Recapture
				eventFor purposes of paragraph (1), there is a recapture event
				with respect to a qualified equity investment if such investment is sold,
				transferred, or exchanged by the qualified investor, but only to the extent
				that such sale, transfer, or exchange is not the direct result of a complete or
				partial liquidation of the qualified small business in which such qualified
				equity investment is made.
							(4)Special
				rules
								(A)Tax benefit
				ruleThe tax for the taxable year shall be increased under
				paragraph (1) only with respect to credits allowed by reason of this section
				which were used to reduce tax liability. In the case of credits not so used to
				reduce tax liability, the carryforwards and carrybacks under section 39 shall
				be appropriately adjusted.
								(B)No credits
				against taxAny increase in tax under this subsection shall not
				be treated as a tax imposed by this chapter for purposes of determining the
				amount of any credit under this chapter or for purposes of section 55.
								(h)Basis
				reductionThe basis of any
				qualified equity investment shall be reduced by the amount of any credit
				determined under this section with respect to such investment.
						(i)Regulations
							(1)In
				generalThe Secretary shall
				prescribe such regulations as necessary to carry out the provisions of this
				section.
							(2)Certification of
				qualified equity investmentSuch regulations shall require that a
				qualified investor—
								(A)certify that the
				small business in which the equity investment is made meets the requirements
				described in subsection (c)(3), and
								(B)include the name, address, and taxpayer
				identification number of such small business on the return claiming the credit
				under subsection (a).
								(j)TerminationThis
				section shall not apply to qualified equity investments made in taxable years
				beginning after December 31,
				2011.
						.
			(b)Credit made part
			 of general business creditSubsection (b) of section 38 of the
			 Internal Revenue Code of 1986 is amended by striking and at the
			 end of paragraph (29), by striking the period at the end of paragraph (30) and
			 inserting , and, and by adding at the end the following new
			 paragraph:

					(31)in the case of a
				taxpayer, the equity investment in small business tax credit determined under
				section
				45N(a).
					.
			(c)Clerical
			 amendmentThe table of
			 sections for subpart D of part IV of subchapter A of chapter 1 of the Internal
			 Revenue Code of 1986 is amended by adding at the end the following new
			 item:

						Sec. 45N. Equity investment in small
				business tax
				credit.

					.
			(d)Effective
			 dateThe amendments made by
			 this section shall apply to qualified equity investments made after December
			 31, 2006, in taxable years beginning after such date.


		III
		111th CONGRESS
		1st Session
		H. CON. RES. 74
		IN THE SENATE OF THE UNITED
		  STATES

			September 24, 2009
			Received and referred to the
			 Committee on Foreign
			 Relations

		CONCURRENT RESOLUTION
		Supporting the goals and ideals of a decade
		  of action for road safety with a global target to reduce by 50 percent the
		  predicted increase in global road deaths between 2010 and
		  2020.

		Whereas according to the 2004 World Report on Road Traffic
			 Injury Prevention, 40,000 people in the United States and 1,300,000 people
			 globally die in road crashes each year;
		Whereas another 20,000,000 to 50,000,000 people globally
			 are injured each year as a result of speeding motor vehicles and the increased
			 use of motor vehicles;
		Whereas road crashes are the leading cause of death
			 globally for young people between the ages of 10 and 24 years around the
			 world;
		Whereas the current estimated monetary cost of motor
			 vehicle crashes worldwide is $518,000,000,000 annually, representing between 3
			 and 5 percent of the gross domestic product of each nation;
		Whereas according to the World Health Organization, over
			 90 percent of motorist-related deaths occur in low- and middle-income
			 countries;
		Whereas according to the World Health Organization,
			 motorist-related deaths and costs continue to rise in these countries due to a
			 lack of appropriate road engineering and injury prevention programs in public
			 health sectors;
		Whereas the United States, other countries, and
			 international organizations should promote the improvement of data collection
			 and comparability, including by adopting the standard definition of a road
			 death as “any person killed immediately or dying within 30 days as a result of
			 a road traffic crash” as standard definitions of injury, and the facilitation
			 of international cooperation to develop reliable data systems and analytical
			 capability;
		Whereas it is critical that the international community
			 support collaborative action to enhance global road safety and reduce the risk
			 of road crash death and injury around the world by fostering partnerships and
			 cooperation between governments, private and public sectors, and within civil
			 society, as well as relationships between the National Highway Traffic Safety
			 Administration (NHTSA) and other national and international road safety
			 authorities;
		Whereas the United Nations General Assembly adopted a
			 resolution in 2005 designating the third Sunday of November as a day of
			 remembrance for road crash victims and their families, and calling on nations
			 globally to improve road safety;
		Whereas the United States Congress passed H. Con. Res. 87,
			 as well as S. Con. Res. 39, in the 110th Congress supporting the goals and
			 ideals of a world day of remembrance for road crash victims;
		Whereas the United Nations General Assembly adopted a
			 resolution in 2008 highlighting the impact of global road safety issues,
			 encouraging nations to take action to reduce road crash risks across the world,
			 and creating the first global high-level conference on road safety, to be
			 hosted by the Russian Federation in Moscow in November 2009; and
		Whereas the Ministerial Consultative Committee of the
			 First Global Ministerial Conference on Road Safety in Moscow has drafted a
			 declaration to designate 2010–2020 as the “Decade of Action for Road Safety”:
			 Now, therefore, be it

		That Congress—
			(1)supports the goals and ideals of a decade
			 of action for road safety with a global target to reduce by 50 percent the
			 predicted increase in global road deaths between 2010 and 2020;
			(2)urges the Obama
			 Administration and the Department of State, in conjunction with the National
			 Highway Traffic Safety Administration (NHTSA), to set ambitious road traffic
			 casualty reduction targets for United States citizens traveling abroad and at
			 home;
			(3)encourages enhancement of global efforts,
			 including international harmonization of road safety regulations and good
			 practices, to improve road safety and reduce road crash deaths and injuries;
			 and
			(4)urges the Obama
			 Administration to take a leadership role at the First Ministerial Conference on
			 Road Safety in Moscow and for the United States to work with nations around the
			 world to achieve the goals and ideals of a decade of action for road
			 safety.

			Passed the House of
			 Representatives September 23, 2009.
			Lorraine C. Miller,
			Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 236
		IN THE HOUSE OF REPRESENTATIVES

			January 7, 2011
			Mr. Buchanan
			 introduced the following bill; which was referred to the
			 Committee on House
			 Administration, and in addition to the Committee on
			 Oversight and Government
			 Reform, 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 that rates of pay for Members of Congress
		  shall not be adjusted under section 601(a)(2) of the Legislative Reorganization
		  Act of 1946 in the year following any fiscal year in which outlays of the
		  United States exceeded receipts of the United States.

		1.Amendments to the Legislative
			 Reorganization Act of 1946
			(a)In
			 generalSection 601(a)(2) of
			 the Legislative Reorganization Act of 1946 (2 U.S.C. 31(2)) is amended by
			 adding at the end the following:

					(C)An adjustment in rates of pay may be made
				under this paragraph in a year only if the aggregate outlays of the United
				States during the last completed fiscal year did not exceed the aggregate
				receipts of the United States during such fiscal year, as determined by the
				Congressional Budget
				Office.
					.
			(b)Technical
			 amendmentSection 601(a)(2)(A) of such Act is amended by striking
			 Subject to subparagraph (B), and inserting Subject to
			 subparagraphs (B) and (C),.


109 HR 5571 IH: To provide for the liquidation or reliquidation of

U.S. House of Representatives
2006-06-08
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.

		V
		109th CONGRESS
		2d Session
		H. R. 5571
		IN THE HOUSE OF REPRESENTATIVES

			June 8, 2006
			Mr. LoBiondo
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To provide for the liquidation or reliquidation of
		  certain entries relating to high-density laminate panels entered from 1997
		  through 2005.

		1.Entries of certain
			 high-density laminate panels entered from 1997 through 2005
			(a)In
			 GeneralNotwithstanding section 514 of the
			 Tariff Act of 1930 (19 U.S.C. 1514)
			 or any other provision of law, the Bureau of Customs and Border Protection
			 shall, not later than 90 days after the receipt of the request described in
			 subsection (b), liquidate or reliquidate the entries described in subsection
			 (d) at a rate of duty of 1.9 cents per kilogram plus 1.5 percent ad
			 valorem.
			(b)RequestLiquidation
			 or reliquidation may be made under subsection (a) with respect to entries of
			 high-density, fiberboard-core laminate panels, described in subsection (d),
			 only if a request is filed with the Bureau of Customs and Border Protection not
			 later than 90 days after the date of the enactment of this Act.
			(c)Refund of
			 Amounts OwedAny amounts owed by the United States pursuant to
			 the liquidation or reliquidation of an entry described in subsection (d)
			 (including interest from the date of entry) shall be refunded not later than 90
			 days after the date of such liquidation or reliquidation.
			(d)Affected
			 EntriesThe entries referred to in subsection (a) are as
			 follows:

							  Entry
					 numberDate of entry

							09702934 02/11/97

							09704138 02/26/97

							09704971 03/13/97

							09708931 04/30/97

							09709129 05/02/97

							09709723 05/13/97

							09710119 05/20/97

							09710333 06/02/97

							09710515 05/27/97

							09710705 05/27/97

							09710952 06/09/97

							09711190 06/16/97

							09711950 06/23/97

							09712149 06/13/97

							09713644 06/19/97

							09712917 07/02/97

							09712818 06/23/97

							09713048 06/24/97

							09713428 06/27/97

							09713469 07/03/97

							09713782 07/14/97

							09714186 07/19/97

							09714905 07/16/97

							09718076 07/16/97

							09715167 07/25/97

							09715431 08/02/97

							09717098 08/23/97

							09197148 08/23/97

							09717205 08/12/97

							09717312 08/18/97

							09717957 08/22/97

							09718542 09/02/97

							09719508 09/19/97

							09719895 09/27/97

							09721529 10/04/97

							09721686 10/14/97

							09722361 10/21/97

							09722637 10/29/97

							09723528 10/27/97

							09723559 10/28/97

							09723331 11/03/97

							09728036 11/03/97

							09724474 11/11/97

							09724656 11/17/97

							09725422 11/18/97

							09726950 11/22/97

							0972924 12/31/97

							09729523 12/29/97

							196–0056618–6 12/15/99

							196–0056894–3 12/21/99

							196–0056927–1 12/29/99

							196–0056947–9 12/30/99

							196–0056948–7 12/30/99

							196–0056971–9 01/04/00

							196–0057052–7 01/07/00

							196–0057052–7 01/24/00

							196–0057176–4 02/01/00

							196–0057240–8 02/07/00

							196–0057300–0 02/14/00

							196–0055676–5 07/22/99

							196–0055709–4 07/27/99

							196–0055753–2 08/02/99

							196–0055823–3 08/09/99

							196–0055868–8 08/19/99

							196–0055931–4 08/24/99

							196–0055983–5 08/31/99

							196–0056009–8 09/06/99

							196–0056089–0 09/13/99

							D82–0221156–0 05/20/02

							D82–0221258–4 06/03/02

							D82–0221426–7 06/17/02

							D82–0221207–1 05/27/02

							D82–2043442–6 04/13/05

							D82–0200448–6 02/17/00

							D82–0200552–5 02/28/00

							D82–0200618–4 03/06/00

							D82–0200829–7 03/27/00

							D82–0200869–3 04/03/00

							D82–0201058–2 04/17/00

							D82–0201153–1 04/24/00

							D82–0201242–2 04/28/00

							D82–0201251–3 05/01/00

							D82–0201285–1 05/02/00

							D82–0201284–4 05/02/00

							D82–0201283–6 05/01/00

							D82–0201282–9 05/01/00

							D82–0201281–0 05/01/00

							D82–0201280–2 05/01/00

							D82–0201279–4 05/01/00

							D82–0201356–0 05/08/00

							D82–0201355–2 05/08/00

							D82–0201450–1 05/16/00

							D82–0201498–0 05/22/00

							D82–0201557–3 05/29/00

							D82–0201605–0 06/05/00

							D82–0201678–7 06/12/00

							D82–0201863–5 07/03/00

							D82–0201937–7 07/09/00

							D82–0202007–8 07/17/00

							D82–0202334–6 09/04/00

							D82–0202375–9 09/12/00

							D82–0202381–7 09/26/00

							D82–0202910–3 11/16/00

							D82–0202972–3 11/28/00

							D82–0203010–1 12/05/00


IB
Union Calendar No. 344
111th CONGRESS 2d Session
H. R. 4823
[Report No. 111–599]
IN THE HOUSE OF REPRESENTATIVES

March 11, 2010
Mrs. Kirkpatrick of Arizona introduced the following bill; which was referred to the Committee on Natural Resources

September 16, 2010
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
Strike out all after the enacting clause and insert the part printed in italic
For text of introduced bill, see copy of bill as introduced on March 11, 2010

A BILL
To establish the Sedona-Red Rock National Scenic Area in the Coconino National Forest, Arizona, and for other purposes.

1.Short titleThis Act may be cited as the Sedona-Red Rock National Scenic Area Act of 2010.
2.Sedona-Red Rock National Scenic Area, Coconino National Forest, Arizona
(a)EstablishmentThere is established in the Coconino National Forest, Arizona, the Sedona-Red Rock National Scenic Area (in this section referred to as the Scenic Area) for the purposes of—
(1)limiting exchanges of land involving National Forest System land included in the Scenic Area; and
(2)managing the National Forest System land included in the Scenic Area as provided in the land and resource management plan for the Coconino National Forest.
(b)BoundariesThe Scenic Area shall consist of approximately 160,000 acres of National Forest System land in the Coconino National Forest, as generally depicted on the map entitled Sedona-Red Rocks National Scenic Area and dated June 7, 2010. The Scenic Area shall not include any land located outside the boundaries of the Coconino National Forest.
(c)Map and boundary descriptionAs soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and boundary description of the Scenic Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The map and boundary description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service.
(d)AdministrationThe Secretary of Agriculture shall administer the Scenic Area in accordance with this Act, the land and resource management plan for the Coconino National Forest (including any subsequent amendment or revision of the plan), and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this Act and such other laws and regulations, this Act shall take precedence.
(e)Restriction on scenic area land exchangesWith regard to acquisitions of land for public purposes, land exchanges that dispose of National Forest System land included in the Scenic Area may occur only if—
(1)the exchange results in the acquisition of land within the boundaries of the Scenic Area from a willing seller for inclusion in the Scenic Area;
(2)there is no net loss of National Forest System land within the boundaries of the Scenic Area; and
(3)an environmental analysis in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and consistent with the applicable forest plan amendment is completed before any land exchange within the boundaries of the Scenic Area.
(f)Deposit of consideration from certain land sales; use
(1)Deposit of proceedsMoneys received by the Secretary of Agriculture from the sale or exchange of land located in the Coconino National Forest shall be deposited in the fund established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a).
(2)Use of fundsNotwithstanding the limitations on the use of moneys deposited in the fund established by Public Law 90–171, moneys deposited under paragraph (1) shall be available for use by the Secretary of Agriculture, without further appropriation and until expended, for the acquisition of land or interests in land within the National Forest System in Arizona.
(g)No effect on surrounding land, roads, or easementsThe establishment of the Scenic Area does not affect—
(1)the maintenance or use of public, private, or Forest Service roads within the Scenic Area;
(2)the legal status, maintenance, or use of rights-of-way and utility easements within the Scenic Area;
(3)the management of State, municipal, or private land located in the vicinity of or within the boundaries of the Scenic Area;
(4)the management of National Forest System land that is not included in the Scenic Area; or
(5)the construction or siting of transportation projects or water projects (and associated facilities) within the Scenic Area or in areas outside the Scenic Area.
(h)No cause of actionNothing in this Act creates a private cause of action in any Federal, state or tribal court.

September 16, 2010
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed


		II

		109th CONGRESS

		1st Session

		S. 1667

		IN THE SENATE OF THE UNITED

		  STATES

			September 12, 2005

			Mr. Santorum introduced

			 the following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To suspend temporarily the duty on Baypure

		  CX.

		1.Suspension on duty on Baypure

			 CX

			(a)In

			 generalSubchapter II of

			 chapter 99 of the Harmonized Tariff Schedule of the United States is amended by

			 inserting in numerical sequence the following new heading:

								9902.39.14Iminodisuccinic Acid, Triammonium Salt, in Aqueous Solutions

						(CAS No. 415719–09–04) (provided for in subheading 2922.49.80)FreeNo changeNo changeOn or before

						12/31/2009

					.

			(b)Effective

			 dateThe amendment made by

			 subsection (a) applies to articles entered, or withdrawn from warehouse for

			 consumption, on or after the 15th day after the date of the enactment of this

			 Act.


117 S1070 IS: End the Border Crisis Now Act
U.S. Senate
2021-04-12
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.

II117th CONGRESS1st SessionS. 1070IN THE SENATE OF THE UNITED STATESApril 12, 2021Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to modify provisions relating to asylum eligibility.1.Short titleThis Act may be cited as the End the Border Crisis Now Act.2.Asylum eligibility for certain aliens lawfully admitted to the United StatesSection 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)) is amended—(1)in paragraph (1), by striking is physically present and all that follows through United States waters) and inserting has been lawfully admitted to the United States; and (2)in paragraph (2), by amending subparagraph (A) to read as follows:(A)Safe third countryParagraph (1) shall not apply to an alien if the Attorney General or the Secretary of Homeland Security determines that—(i)the alien may be removed, pursuant to a bilateral or multilateral agreement, to a country (other than the country of the alien’s nationality or, in the case of an alien having no nationality, the country of the alien’s last habitual residence) in which the alien’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, and where the alien would have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection, unless the Attorney General or the Secretary of Homeland Security finds that it is in the public interest for the alien to receive asylum in the United States; or(ii)during the 180 days immediately preceding the admission of the alien to the United States, the alien was physically present in a country described in clause (i), unless the alien demonstrates, by clear and convincing evidence, that—(I)the alien applied for asylum or equivalent temporary protection in such country and was denied asylum or equivalent temporary protection; or(II)the conditions in the country of the alien’s nationality have significantly changed for the worse since the alien was physically present in a country described in clause (i)..


110 HR 1258 IH: To amend title 5, United States Code, to increase the maximum age limit for an original appointment to a position as a Federal law enforcement officer in the case of any individual who has been discharged or released from active duty in the armed forces under honorable conditions, and for other purposes.
U.S. House of Representatives
2007-03-01
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.

I
110th CONGRESS 1st Session
H. R. 1258
IN THE HOUSE OF REPRESENTATIVES

March 1, 2007
Mr. Bishop of Utah (for himself, Mr. Cannon, and Mr. Matheson) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL
To amend title 5, United States Code, to increase the maximum age limit for an original appointment to a position as a Federal law enforcement officer in the case of any individual who has been discharged or released from active duty in the armed forces under honorable conditions, and for other purposes.

1.Increase in maximum age limit
(a)Positions subject to CSRSSection 3307(d) of title 5, United States Code, is amended—
(1)by striking (d) The and inserting (d)(1) Except as provided in paragraph (2), the; and
(2)by adding at the end the following:

(2)The maximum limit of age within which an original appointment may be made to a position as a law enforcement officer (as defined by section 8331(20)) shall, in the case of an individual who, before the effective date of such appointment, was discharged or released from active duty in the armed forces under honorable conditions, be 40 years of age..
(b)Positions subject to FERSSection 3307(e) of title 5, United States Code, is amended—
(1)by striking (e) The and inserting (e)(1) Except as provided in paragraph (2), the; and
(2)by adding at the end the following:

(2)The maximum age limit for an original appointment to a position as a law enforcement officer (as defined by section 8401(17)) shall, in the case of an individual who, before the effective date of such appointment, was discharged or released from active duty in the armed forces under honorable conditions, be 40 years of age..
2.Amendments to prevent mandatory separation before becoming eligible to retire
(a)Amendment relating to CSRSSection 8335(b) of title 5, United States Code, is amended by adding at the end the following:

(4)In the case of an employee who, before the date of such employee’s original appointment to a position as a law enforcement officer, was discharged or released from active duty in the armed forces under honorable conditions, paragraph (1) shall be applied—
(A)by substituting 60 for 57; and
(B)by substituting 63 years for 60 years..
(b)Amendment relating to FERSSection 8425(b) of title 5, United States Code, is amended by adding at the end the following:

(4)In the case of an employee who, before the date of such employee’s original appointment to a position as a law enforcement officer (as defined by section 8331(20) or 8401(17)), was discharged or released from active duty in the armed forces under honorable conditions, paragraph (1) shall be applied—
(A)by substituting 60 for 57; and
(B)by substituting 63 years for 60 years..
3.Effective date
(a)Amendments relating to maximum age limitThe amendments made by section 1 shall apply with respect to appointments made after the end of the 6-month period beginning on the date of the enactment of this Act.
(b)Amendments relating to mandatory separation The amendments made by section 2 shall apply with respect to individuals originally appointed as law enforcement officers (within the meaning of the amendment made by subsection (a) or (b) of section 2, as appropriate) after the end of the 6-month period beginning on the date of the enactment of this Act.