113 HR 1821 IH: Registered Nurse Safe Staffing Act of 2013
U.S. House of Representatives
2013-04-30
text/xml
EN
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		I
		113th CONGRESS
		1st Session
		H. R. 1821
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2013
			Mrs. Capps (for
			 herself and Mr. Joyce) 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 title XVIII of the Social Security Act to
		  provide for patient protection by establishing safe nurse staffing levels at
		  certain Medicare providers, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Registered Nurse Safe Staffing Act of
			 2013.
		2.FindingsCongress makes the following
			 findings:
			(1)Research shows
			 that patient safety in hospitals is directly proportionate to the number of
			 registered nurses working in the hospital. Higher staffing levels by
			 experienced registered nurses are related to lower rates of negative patient
			 outcomes.
			(2)A
			 2011 study on nurse staffing and inpatient hospital mortality shows that
			 sub-optimal nurse staffing is linked with a greater likelihood of patient death
			 in the hospital. A 2012 study of serious patient events reported to the Joint
			 Commission demonstrates that one of the leading causes of all hospital sentinel
			 events is human factors, including staffing and staffing skill mix.
			(3)Health care worker
			 fatigue has been identified as a major patient safety hazard, and appropriate
			 staffing policies and practices are indicated as an effective strategy to
			 reduce health care worker fatigue and to protect patients. A national survey of
			 registered nurses found that 74 percent experience acute or chronic effects of
			 stress and overwork.
			(4)A
			 strategy that ensures optimal nurse staffing and skill mix greatly influences
			 patient satisfaction and results in greater overall savings to hospitals
			 through reductions in adverse patient events.
			(5)A
			 2009 study demonstrated that improved patient satisfaction due to increased and
			 appropriate nurse staffing is reflected on hospital scores on HCAHPS, which is
			 a key measure for value-based payment programs under the Medicare program and
			 used by other payors.
			(6)Registered nurses
			 play a vital role in preventing patient care errors. A 2009 study found that
			 sufficient staffing of critical care nurses can prevent adverse patient events,
			 which can cost anywhere from $2,200,000 to $13,200,000. By contrast, the nurse
			 staffing costs in the study time period were only $1,360,000.
			(7)Higher nurse
			 staffing also generates cost savings to payors, as demonstrated in a 2011
			 cost-benefit analysis that weighed registered nursing personnel costs against
			 emergency department utilization after patient discharge from a
			 hospital.
			(8)A
			 2012 study of Pennsylvania hospitals shows that by reducing nurse burnout,
			 which is attributed in part to poor nurse staffing, those hospitals could
			 prevent an estimated 4,160 infections with an associated savings of
			 $41,000,000. That study also found that for each additional patient assigned to
			 a registered nurse for care, there is an incidence of roughly one additional
			 catheter-acquired urinary tract infection per 1,000 patients or 1,351
			 infections per year, costing those hospitals as much as $1,100,000
			 annually.
			(9)When hospitals
			 employ insufficient numbers of nursing staff, registered nurses are being
			 required to perform professional services under conditions that do not support
			 quality health care or a healthful work environment for registered
			 nurses.
			(10)As a payor for
			 inpatient and outpatient hospital services furnished to Medicare beneficiaries,
			 the Federal Government has a compelling interest in promoting the safety of
			 these patients by requiring any hospital participating in the Medicare program
			 to establish minimum safe staffing levels for registered nurses.
			3.Establishment of
			 safe nurse staffing levels by Medicare participating hospitals
			(a)Requirement of
			 medicare provider agreementSection 1866(a)(1) of the Social
			 Security Act (42 U.S.C. 1395cc(a)(1)) is amended—
				(1)in subparagraph
			 (V), by striking and at the end;
				(2)in subparagraph
			 (W), as added by section 3005 of the Patient Protection and Affordable Care Act
			 (Public Law 111–148)—
					(A)by moving such
			 subparagraph 2 ems to the left; and
					(B)by striking the
			 period at the end;
					(3)in subparagraph
			 (W), as added by section 6406(b) of the Patient Protection and Affordable Care
			 Act (Public Law 111–148)—
					(A)by moving such
			 subparagraph 2 ems to the left;
					(B)by redesignating
			 such subparagraph as subparagraph (X); and
					(C)by striking the
			 period at the end and inserting , and; and
					(4)by inserting after
			 subparagraph (X), as redesignated by paragraph (3)(B), the following new
			 subparagraph:

						(Y)in the case of a
				hospital (as defined in section 1861(e)), to meet the requirements of section
				1899B.
						.
				(b)RequirementsTitle
			 XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) is amended by adding
			 at the end the following new section:

					1899B.Nurse staffing requirements for Medicare participating
		  hospitals(a)Implementation of
				nurse staffing plan
							(1)In
				generalEach participating hospital shall implement a
				hospital-wide staffing plan for nursing services furnished in the
				hospital.
							(2)Requirement for
				development of staffing plan by hospital nurse staffing
				committeeThe hospital-wide staffing plan for nursing services
				implemented by a hospital pursuant to paragraph (1)—
								(A)shall be developed
				by the hospital nurse staffing committee established under subsection (b);
				and
								(B)shall require that
				an appropriate number of registered nurses provide direct patient care in each
				unit and on each shift of the hospital to ensure staffing levels that—
									(i)address the unique
				characteristics of the patients and hospital units; and
									(ii)result in the
				delivery of safe, quality patient care, consistent with the requirements under
				subsection (c).
									(b)Hospital nurse
				staffing committee
							(1)EstablishmentEach
				participating hospital shall establish a hospital nurse staffing committee
				(hereinafter in this section referred to as the
				Committee).
							(2)CompositionA
				Committee established pursuant to this subsection shall be composed of members
				as follows:
								(A)Minimum 55
				percent nurse participationNot less than 55 percent of the
				members of the Committee shall be registered nurses who provide direct patient
				care but who are neither hospital nurse managers nor part of the hospital
				administration staff.
								(B)Inclusion of
				hospital nurse managersThe Committee shall include members who
				are hospital nurse managers.
								(C)Inclusion of
				nurses from specialty unitsThe members of the Committee shall
				include at least 1 registered nurse who provides direct care from each nurse
				specialty or unit of the hospital (each such specialty or unit as determined by
				the hospital).
								(D)Other hospital
				personnelThe Committee shall include such other personnel of the
				hospital as the hospital determines to be appropriate.
								(3)Duties
								(A)Development of
				staffing planThe Committee shall develop a hospital-wide
				staffing plan for nursing services furnished in the hospital consistent with
				the requirements under subsection (c).
								(B)Review and
				modification of staffing planThe Committee shall—
									(i)conduct regular,
				ongoing monitoring of the implementation of the hospital-wide staffing plan for
				nursing services furnished in the hospital;
									(ii)carry out
				evaluations of the hospital-wide staffing plan for nursing services at least
				annually; and
									(iii)make such
				modifications to the hospital-wide staffing plan for nursing services as may be
				appropriate.
									(C)Additional
				dutiesThe Committee shall—
									(i)develop policies
				and procedures for overtime requirements of registered nurses providing direct
				patient care and for appropriate time and manner of relief of such registered
				nurses during routine absences; and
									(ii)carry out such
				additional duties as the Committee determines to be appropriate.
									(c)Staffing plan
				requirements
							(1)Plan
				requirementsSubject to paragraph (2), a hospital-wide staffing
				plan for nursing services developed and implemented under this section
				shall—
								(A)be based upon
				input from the registered nurse staff of the hospital who provide direct
				patient care or their exclusive representatives, as well as the chief nurse
				executive;
								(B)be based upon the
				number of patients and the level and variability of intensity of care to be
				provided to those patients, with appropriate consideration given to admissions,
				discharges, and transfers during each shift;
								(C)take into account
				contextual issues affecting nurse staffing and the delivery of care, including
				architecture and geography of the environment and available technology;
								(D)take into account
				the level of education, training, and experience of those registered nurses
				providing direct patient care;
								(E)take into account
				the staffing levels and services provided by other health care personnel
				associated with nursing care, such as certified nurse assistants, licensed
				vocational nurses, licensed psychiatric technicians, nursing assistants, aides,
				and orderlies;
								(F)take into account
				staffing levels recommended by specialty nursing organizations;
								(G)establish upwardly
				adjustable minimum ratios of direct care registered nurses to patients for each
				unit and for each shift of the hospital, based upon an assessment by registered
				nurses of the level and variability of intensity of care required by patients
				under existing conditions;
								(H)take into account
				unit and facility level staffing, quality and patient outcome data, and
				national comparisons, as available;
								(I)ensure that a
				registered nurse shall not be assigned to work in a particular unit of the
				hospital without first having established the ability to provide professional
				care in such unit; and
								(J)provide for
				exemptions from some or all requirements of the hospital-wide staffing plan for
				nursing services during a declared state of emergency (as defined in subsection
				(l)(1)) if the hospital is requested or expected to provide an exceptional
				level of emergency or other medical services.
								(2)LimitationA
				hospital-wide staffing plan for nursing services developed and implemented
				under this section—
								(A)shall not preempt
				any registered-nurse staffing levels established under State law or regulation;
				and
								(B)may not utilize
				any minimum number of registered nurses established under paragraph (1)(G) as
				an upper limit on the nurse staffing of the hospital to which such minimum
				number applies.
								(d)Reporting and
				release to public of certain staffing information
							(1)Requirements for
				hospitalsEach participating hospital shall—
								(A)post daily for
				each shift, in a clearly visible place, a document that specifies in a uniform
				manner (as prescribed by the Secretary) the current number of licensed and
				unlicensed nursing staff directly responsible for patient care in each unit of
				the hospital, identifying specifically the number of registered nurses;
								(B)upon request, make
				available to the public—
									(i)the nursing staff
				information described in subparagraph (A);
									(ii)a
				detailed written description of the hospital-wide staffing plan implemented by
				the hospital pursuant to subsection (a); and
									(iii)not later than
				90 days after the date on which an evaluation is carried out by the Committee
				under subsection (b)(3)(B)(ii), a copy of such evaluation; and
									(C)not less
				frequently than quarterly, submit to the Secretary in a uniform manner (as
				prescribed by the Secretary) the nursing staff information described in
				subparagraph (A) through electronic data submission.
								(2)Secretarial
				responsibilitiesThe Secretary shall—
								(A)make the
				information submitted pursuant to paragraph (1)(C) publicly available in a
				comprehensible format (as described in subsection (e)(2)(D)(ii)), including by
				publication on the Hospital Compare Internet Web site of the Department of
				Health and Human Services; and
								(B)provide for the
				auditing of such information for accuracy as a part of the process of
				determining whether the participating hospital is in compliance with the
				conditions of its agreement with the Secretary under section 1866, including
				under subsection (a)(1)(Y) of such section.
								(e)Recordkeeping;
				collection and reporting of quality data; evaluation
							(1)RecordkeepingEach
				participating hospital shall maintain for a period of at least 3 years (or, if
				longer, until the conclusion of any pending enforcement activities) such
				records as the Secretary deems necessary to determine whether the hospital has
				implemented a hospital-wide staffing plan for nursing services pursuant to
				subsection (a).
							(2)Collection and
				reporting of quality data on nursing services
								(A)In
				generalThe Secretary shall require the collection, aggregation,
				maintenance, and reporting of quality data relating to nursing services
				furnished by each participating hospital.
								(B)Use of endorsed
				measuresIn carrying out this paragraph, the Secretary shall use
				only quality measures for nursing-sensitive care that are endorsed by the
				consensus-based entity with a contract under section 1890(a).
								(C)Use of qualified
				third-party entities for collection and submission of data
									(i)In
				generalA participating hospital may enter into agreements with
				third-party entities that have demonstrated expertise in the collection and
				submission of quality data on nursing services to collect, aggregate, maintain,
				and report the quality data of the hospital pursuant to subparagraph
				(A).
									(ii)ConstructionNothing
				in clause (i) shall be construed to excuse or exempt a participating hospital
				that has entered into an agreement described in such clause from compliance
				with requirements for quality data collection, aggregation, maintenance, and
				reporting imposed under this paragraph.
									(D)Reporting of
				quality data
									(i)Publication on
				hospital compare web siteSubject to the succeeding provisions of
				this subparagraph, the Secretary shall make the data submitted pursuant to
				subparagraph (A) publicly available, including by publication on the Hospital
				Compare Internet Web site of the Department of Health and Human
				Services.
									(ii)Comprehensible
				formatData made available to the public under clause (i) shall
				be presented in a clearly understandable format that permits consumers of
				hospital services to make meaningful comparisons among hospitals, including
				concise explanations in plain English of how to interpret the data, of the
				difference in types of nursing staff, of the relationship between nurse
				staffing levels and quality of care, and of how nurse staffing may vary based
				on patient case mix.
									(iii)Opportunity to
				correct errorsThe Secretary shall establish a process under
				which participating hospitals may review data submitted to the Secretary
				pursuant to subparagraph (A) to correct errors, if any, contained in that data
				submission before making the data available to the public under clause
				(i).
									(3)Evaluation of
				dataThe Secretary shall provide for the analysis of quality data
				collected from participating hospitals under paragraph (2) in order to evaluate
				the effect of hospital-wide staffing plans for nursing services implemented
				pursuant to subsection (a) on—
								(A)patient outcomes
				that are nursing sensitive (such as pressure ulcers, fall occurrence, falls
				resulting in injury, length of stay, and central line catheter infections);
				and
								(B)nursing workforce
				safety and retention (including work-related injury, staff skill mix, nursing
				care hours per patient day, vacancy and voluntary turnover rates, overtime
				rates, use of temporary agency personnel, and nurse satisfaction).
								(f)Refusal of
				assignmentA nurse may refuse to accept an assignment as a nurse
				in a participating hospital, or in a unit of a participating hospital,
				if—
							(1)the assignment is
				in violation of the hospital-wide staffing plan for nursing services
				implemented pursuant to subsection (a); or
							(2)the nurse is not
				prepared by education, training, or experience to fulfill the assignment
				without compromising the safety of any patient or jeopardizing the license of
				the nurse.
							(g)Enforcement
							(1)ResponsibilityThe
				Secretary shall enforce the requirements and prohibitions of this section in
				accordance with the succeeding provisions of this subsection.
							(2)Procedures for
				receiving and investigating complaintsThe Secretary shall
				establish procedures under which—
								(A)any person may
				file a complaint that a participating hospital has violated a requirement of or
				a prohibition under this section; and
								(B)such complaints
				are investigated by the Secretary.
								(3)RemediesExcept
				as provided in paragraph (5), if the Secretary determines that a participating
				hospital has violated a requirement of this section, the Secretary—
								(A)shall require the
				hospital to establish a corrective action plan to prevent the recurrence of
				such violation; and
								(B)may impose civil
				money penalties under paragraph (4).
								(4)Civil money
				penalties
								(A)In
				generalIn addition to any other penalties prescribed by law, the
				Secretary may impose a civil money penalty of not more than $10,000 for each
				knowing violation of a requirement of this section, except that the Secretary
				shall impose a civil money penalty of more than $10,000 for each such violation
				in the case of a participating hospital that the Secretary determines has a
				pattern or practice of such violations (with the amount of such additional
				penalties being determined in accordance with a schedule or methodology
				specified in regulations).
								(B)ProceduresThe
				provisions of section 1128A (other than subsections (a) and (b)) shall apply to
				a civil money penalty under this paragraph in the same manner as such
				provisions apply to a penalty or proceeding under section 1128A.
								(C)Public notice of
				violations
									(i)Internet web
				siteThe Secretary shall publish on an appropriate Internet Web
				site of the Department of Health and Human Services the names of participating
				hospitals on which civil money penalties have been imposed under this section,
				the violation for which the penalty was imposed, and such additional
				information as the Secretary determines appropriate.
									(ii)Change of
				ownershipWith respect to a participating hospital that had a
				change in ownership, as determined by the Secretary, penalties imposed on the
				hospital while under previous ownership shall no longer be published by the
				Secretary of such Internet Web site after the 1-year period beginning on the
				date of the change in ownership.
									(5)Penalty for
				failure to collect and report quality data on nursing services
								(A)In
				generalIn the case of a participating hospital that fails to
				comply with requirements under subsection (e)(2) to collect, aggregate,
				maintain, and report quality data relating to nursing services furnished by the
				hospital, instead of the remedies described in paragraph (3), the provisions of
				subparagraph (B) shall apply with respect to each such failure of the
				participating hospital.
								(B)PenaltyIn
				the case of a failure by a participating hospital to comply with the
				requirements under subsection (e)(2) for a year, each such failure shall be
				deemed to be a failure to submit data required under section 1833(t)(17)(A),
				section 1886(b)(3)(B)(viii), section 1886(j)(7)(A), or section 1886(m)(5)(A),
				as the case may be, with respect to the participating hospital involved for
				that year.
								(h)Whistleblower
				protections
							(1)Prohibition of
				discrimination and retaliationA participating hospital shall not
				discriminate or retaliate in any manner against any patient or employee of the
				hospital because that patient or employee, or any other person, has presented a
				grievance or complaint, or has initiated or cooperated in any investigation or
				proceeding of any kind, relating to—
								(A)the hospital-wide
				staffing plan for nursing services developed and implemented under this
				section; or
								(B)any right, other
				requirement or prohibition under this section, including a refusal to accept an
				assignment described in subsection (f).
								(2)Relief for
				prevailing employeesAn employee of a participating hospital who
				has been discriminated or retaliated against in employment in violation of this
				subsection may initiate judicial action in a United States district court and
				shall be entitled to reinstatement, reimbursement for lost wages, and work
				benefits caused by the unlawful acts of the employing hospital. Prevailing
				employees are entitled to reasonable attorney’s fees and costs associated with
				pursuing the case.
							(3)Relief for
				prevailing patientsA patient who has been discriminated or
				retaliated against in violation of this subsection may initiate judicial action
				in a United States district court. A prevailing patient shall be entitled to
				liquidated damages of $5,000 for a violation of this statute in addition to any
				other damages under other applicable statutes, regulations, or common law.
				Prevailing patients are entitled to reasonable attorney’s fees and costs
				associated with pursuing the case.
							(4)Limitation on
				actionsNo action may be brought under paragraph (2) or (3) more
				than 2 years after the discrimination or retaliation with respect to which the
				action is brought.
							(5)Treatment of
				adverse employment actionsFor purposes of this
				subsection—
								(A)an adverse
				employment action shall be treated as discrimination or retaliation; and
								(B)the term
				adverse employment action includes—
									(i)the failure to
				promote an individual or provide any other employment-related benefit for which
				the individual would otherwise be eligible;
									(ii)an adverse
				evaluation or decision made in relation to accreditation, certification,
				credentialing, or licensing of the individual; and
									(iii)a personnel
				action that is adverse to the individual concerned.
									(i)Relationship to
				state lawsNothing in this section shall be construed as
				exempting or relieving any person from any liability, duty, penalty, or
				punishment provided by the law of any State or political subdivision of a
				State, other than any such law which purports to require or permit any action
				prohibited under this title.
						(j)Relationship to
				conduct prohibited under the national labor relations act or other collective
				bargaining lawsNothing in this section shall be construed
				as—
							(1)permitting conduct
				prohibited under the National Labor Relations Act or under any other Federal,
				State, or local collective bargaining law; or
							(2)preempting,
				limiting, or modifying a collective bargaining agreement entered into by a
				participating hospital.
							(k)Regulations
							(1)In
				generalThe Secretary shall promulgate such regulations as are
				appropriate and necessary to implement this section.
							(2)Implementation
								(A)In
				generalExcept as provided in subparagraph (B), as soon as
				practicable but not later than 2 years after the date of the enactment of this
				section, a participating hospital shall have implemented a hospital-wide
				staffing plan for nursing services under this section.
								(B)Special rule for
				rural hospitalsIn the case of a participating hospital located
				in a rural area (as defined in section 1886(d)(2)(D)), such participating
				hospital shall have implemented a hospital-wide staffing plan for nursing
				services under this section as soon as practicable but not later than 4 years
				after the date of the enactment of this section.
								(l)DefinitionsIn
				this section:
							(1)Declared state
				of emergencyThe term declared state of emergency
				means an officially designated state of emergency that has been declared by the
				Federal Government or the head of the appropriate State or local governmental
				agency having authority to declare that the State, county, municipality, or
				locality is in a state of emergency, but does not include a state of emergency
				that results from a labor dispute in the health care industry or consistent
				understaffing.
							(2)Participating
				hospitalThe term participating hospital means a
				hospital (as defined in section 1861(e)) that has entered into a provider
				agreement under section 1866.
							(3)PersonThe
				term person means one or more individuals, associations,
				corporations, unincorporated organizations, or labor unions.
							(4)Registered
				nurseThe term registered nurse means an individual
				who has been granted a license to practice as a registered nurse in at least 1
				State.
							(5)ShiftThe
				term shift means a scheduled set of hours or duty period to be
				worked at a participating hospital.
							(6)UnitThe
				term unit means, with respect to a hospital, an organizational
				department or separate geographic area of a hospital, including a burn unit, a
				labor and delivery room, a post-anesthesia service area, an emergency
				department, an operating room, a pediatric unit, a stepdown or intermediate
				care unit, a specialty care unit, a telemetry unit, a general medical care
				unit, a subacute care unit, and a transitional inpatient care
				unit.
							.


		IV
		111th CONGRESS
		1st Session
		H. RES. 798
		IN THE HOUSE OF REPRESENTATIVES

			October 6, 2009
			Mr. McDermott (for
			 himself, Mr. Royce,
			 Mr. Crowley,
			 Mr. Pallone,
			 Mr. Wilson of South Carolina,
			 Ms. Ros-Lehtinen, and
			 Mr. Ackerman) submitted the following
			 resolution; which was referred to the Committee on Oversight and Government
			 Reform

		RESOLUTION
		Conveying the best wishes of the House of
		  Representatives to those celebrating Diwali.

		Whereas Diwali is celebrated by many Americans and people
			 around the world, especially in South Asia;
		Whereas Diwali is also known as Deepavali
			 to many celebrants around the world;
		Whereas Diwali is a significant holiday for Hindus, Sikhs,
			 Jains, Buddhists, and others;
		Whereas Diwali falls on the last day of the last month of
			 the lunar calendar and the festival is celebrated for 5 days;
		Whereas Diwali is commonly known as the Festival of
			 Lights and is observed with diyas, or oil lamps, lit in clay vessels;
			 and
		Whereas for its celebrants, Diwali is of spiritual
			 significance and the lights of Diwali symbolize the inner light that overcomes
			 the darkness of ignorance: Now, therefore, be it

		That the House of Representatives—
			(1)recognizes the
			 historical and religious significance of Diwali;
			(2)celebrates the
			 rich cultural and religious diversity of the people of the United States and
			 the freedom of religion guaranteed to all Americans; and
			(3)conveys best
			 wishes to its fellow Americans and to people around the world celebrating
			 Diwali.


		II
		110th CONGRESS
		1st Session
		S. 373
		IN THE SENATE OF THE UNITED STATES

			January 24, 2007
			Mr. Bunning (for himself
			 and Mr. Rockefeller) introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To facilitate and expedite direct refunds to coal
		  producers and exporters of the excise tax unconstitutionally imposed on coal
		  exported from the United States.

		1.Special rules for refund of
			 the coal excise tax to certain coal producers and exporters
			(a)In
			 generalNotwithstanding subsections (a)(1) and (c) of section
			 6416 and section 6511 of the Internal Revenue Code of 1986, if—
				(1)a coal producer
			 establishes that such coal producer, or a party related to such coal producer,
			 exported coal produced by such coal producer to a foreign country or shipped
			 coal produced by such coal producer to a possession of the United States, the
			 export or shipment of which was other than through an exporter, or an exporter
			 establishes that such exporter exported coal to a foreign country or shipped
			 coal to a possession of the United States, or caused such coal to be so
			 exported or shipped,
				(2)such coal
			 producer or exporter filed a return on or after October 1, 1990, and on or
			 before the date of the enactment of this Act, and
				(3)such coal
			 producer or exporter files a claim for refund not later than the close of the
			 30-day period beginning on the date of the enactment of this Act,
				then the
			 Secretary of the Treasury shall pay to such coal producer an amount equal to
			 the tax paid under section 4121 of such Code on such coal exported by the coal
			 producer or a party related to such coal producer, or to such exporter in an
			 amount equal to $0.825 per ton of such coal exported by the exporter or such
			 coal that the exporter caused to be exported. This section applies only to
			 claims on coal exported on or after October 1, 1990, through the date of the
			 enactment of this Act.(b)LimitationsSubsection
			 (a) shall not apply with respect to exported coal if a credit or refund of tax
			 imposed by section 4121 of such Code on such coal has been allowed or made to,
			 or if a settlement with the Federal Government has been made with and accepted
			 by, the coal producer, a party related to such coal producer or the exporter,
			 of such coal, as of the date that the claim is filed under this section with
			 respect to such exported coal. For purposes of this subsection, the term
			 settlement with the Federal Government shall not include any
			 settlement or stipulation entered into as of the date of the enactment of this
			 Act, the terms of which contemplate a judgment concerning which any party has
			 reserved the right to file an appeal, or has filed an appeal.
			(c)Subsequent
			 refund prohibitedNo refund shall be made under this section to
			 the extent that a credit or refund of such tax on such exported coal has been
			 paid to any person.
			(d)Coal producer
			 definedFor purposes of this section, the term coal
			 producer means the person in whom is vested ownership of the coal
			 immediately after the coal is severed from the ground, without regard to the
			 existence of any contractual arrangement for the sale or other disposition of
			 the coal or the payment of any royalties between the producer and third
			 parties. The term includes any person who extracts coal from coal waste refuse
			 piles or from the silt waste product which results from the wet washing (or
			 similar processing) of coal.
			(e)Exporter
			 definedFor purposes of this section, the term
			 exporter means a person, other than a coal producer, who does not
			 have a contract, fee arrangement, or any other agreement with a producer or
			 seller of such coal to sell or export such coal to a third party on behalf of
			 the producer or seller of such coal and—
				(1)is indicated in
			 the shipper’s export declaration or other documentation as the exporter of
			 record, or
				(2)actually exported
			 such coal to a foreign country or shipped such coal to a possession of the
			 United States, or caused such coal to be so exported or shipped.
				(f)Related party
			 definedFor purposes of this section, the term a party
			 related to such coal producer means a person who—
				(1)is related to
			 such coal producer through any degree of common management, stock ownership, or
			 voting control,
				(2)is related
			 (within the meaning of section 144(a)(3) of such Code) to such coal producer,
			 or
				(3)has a contract,
			 fee arrangement, or any other agreement with such coal producer to sell such
			 coal to a third party on behalf of such coal producer.
				(g)Timing of
			 refundWith respect to any claim for refund filed pursuant to
			 this section, the Secretary of the Treasury shall determine whether the
			 requirements of this section are met not later than 180 days after such claim
			 is filed. If the Secretary determines that the requirements of this section are
			 met, the claim for refund shall be paid not later than 180 days after the
			 Secretary makes such determination.
			(h)InterestAny
			 refund paid pursuant to this section shall be paid by the Secretary of the
			 Treasury with interest from the date of overpayment determined by using the
			 overpayment rate and method under section 6621 of such Code.
			(i)Standing not
			 conferred
				(1)ExportersWith
			 respect to exporters, this section shall not confer standing upon an exporter
			 to commence, or intervene in, any judicial or administrative proceeding
			 concerning a claim for refund by a coal producer of any Federal or State tax,
			 fee, or royalty paid by the coal producer.
				(2)Coal
			 producersWith respect to coal producers, this section shall not
			 confer standing upon a coal producer to commence, or intervene in, any judicial
			 or administrative proceeding concerning a claim for refund by an exporter of
			 any Federal or State tax, fee, or royalty paid by the producer and alleged to
			 have been passed on to an exporter.


		I
		111th CONGRESS
		2d Session
		H. R. 5036
		IN THE HOUSE OF REPRESENTATIVES

			April 15, 2010
			Mr. Foster (for
			 himself and Mr. Quigley) introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to establish a
		  program to populate downloadable tax forms with taxpayer return
		  information.

		1.Short titleThis Act may be cited as the
			 Autofill Act of
			 2010.
		2.Automated partially
			 pre-populated tax returns
			(a)In
			 generalChapter 77 of the
			 Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended
			 by adding at the end the following new section:

					7529.Automated
				partially pre-populated tax returns
						(a)Establishment of
				programThe Secretary shall
				establish a program under which taxpayers may download forms relating to the
				individual income tax returns that are populated with return information
				reported to the Secretary under chapter 61 and reported to the Secretary
				pursuant to section 232 of the Social Security Act.
						(b)Requirements
				relating to information
							(1)Deadline for
				making information availableThe Secretary shall make such return
				information available under the program established under subsection (a) not
				later than 15 days after the Secretary receives such information.
							(2)Format of
				information made availableReturn information shall be made
				available under the program established under subsection (a) in both a
				printable document file suitable for manual completion and filing and in a
				computer-readable form suitable for use by automated tax preparation
				software.
							(c)Autofill service
				deadlines
							(1)StandardsNot
				later than October 31, 2010, the Secretary shall—
								(A)establish
				standards for data download to tax preparation software, and
								(B)provide a
				demonstration server for downloading the partially populated printable document
				file.
								(2)Tax
				formsNot later than February 15, 2011, and annually thereafter,
				the Secretary shall provide on the Secretary’s Web site a secure function that
				allows a taxpayer to download, as both a printable document file and in a form
				suitable for input to automatic tax preparation software, the 1040, 1040A, and
				1040EZ forms that are populated with information with respect to the taxpayer
				that is reported under chapter 61 or any other provision of this title under
				which reporting of information is required.
							(d)Taxpayer
				responsibilityNothing in this section shall be construed to
				absolve the taxpayer from full responsibility for the accuracy or completeness
				of his return of tax.
						(e)DisclaimerBefore
				any form can be downloaded under the program established under subsection (a),
				taxpayer must acknowledge that—
							(1)the taxpayer is
				responsible for the accuracy of his return, and
							(2)all information
				provided in the downloadable form under such program needs to be
				verified.
							(f)Information
				provided for wage and self-Employment incomeFor purposes of
				subsection (a)—
							(1)Information
				related to calendar year 2010In the case of information relating to
				wages paid, and amounts of self-employment income, for calendar year 2010
				required to be provided to the Commissioner of Social Security under section
				205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the
				Commissioner shall, using best efforts, make such information available to the
				Secretary not later than January 31, 2011.
							(2)Information
				related to calendar year 2011 and thereafterIn the case of information relating to
				wages paid, and amounts of self-employment income, for any calendar year after
				2010 required to be provided to the Commissioner of Social Security under
				section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the
				Commissioner shall make such information available to the Secretary not later
				than the January 31 of the calendar year following the calendar year to which
				such wages and self-employment income
				relate.
							.
			(b)Filing deadline
			 for information returnsSubsection (b) of section 6071 of such
			 Code is amended to read as follows:

					(b)Information
				returnsReturns made under
				part III of this subchapter shall be filed on or before January 31 of the year
				following the calendar year to which such returns relate. Section 6081 shall
				not apply to returns under such part
				III.
					.
			(c)Conforming
			 amendment to Social Security ActSubparagraph (A) of section
			 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding
			 at the end the following new sentence: The table of sections for chapter 77 of
			 such Code is amended by adding at the end the following new
			 item:For purposes of the preceding sentence,
			 the Commissioner shall require that information relating to wages paid, and
			 amounts of self-employment income, be provided to the Commissioner not later
			 than January 31 of the year following the calendar year to which such wages and
			 self-employment income relate.
			(d)Clerical
			 amendmentThe table of
			 sections for chapter 77 of such Code is amended by adding at the end the
			 following new item:

						Sec. 7529. Automated partially pre-populated tax
				returns.

					.
			(e)Effective
			 dateThe amendments made by this section shall apply to returns
			 for taxable years beginning after December 31, 2009.


113 S2503 IS: Bill Williams River Water Rights Settlement Act of 2014
U.S. Senate
2014-06-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS2d Session
		S. 2503
		IN THE SENATE OF THE UNITED STATES

			June 19, 2014
			Mr. Flake (for himself and Mr. McCain) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs

		A BILL
		To direct the Secretary of the Interior to enter into the Big Sandy River-Planet Ranch Water Rights
			 Settlement Agreement and the Hualapai Tribe Bill Williams River Water
			 Rights Settlement Agreement, to provide for the lease of certain land
			 located within Planet Ranch on the Bill Williams River in the State of
			 Arizona to benefit the Lower Colorado River Multi-Species Conservation
			 Program, and to provide for the settlement of specific water rights claims
			 in the Bill Williams River watershed in the State of Arizona.

		1.Short title
			This Act may be cited as the
		  Bill Williams River Water Rights Settlement Act of 2014.2.PurposesThe purposes of this Act are—(1)to achieve a fair, equitable, and final settlement of certain claims among certain parties to water
			 rights in the Bill
			 Williams River watershed in the State of Arizona for—(A)the Hualapai Tribe (acting on behalf of the Tribe and members of the Tribe); and(B)the Department of the Interior, including, and acting on behalf of, the constituent bureaus of the
			 Department and, as specified, the United States
			 as trustee for the Hualapai Tribe, the members of the Tribe, and
			 the allottees;(2)to approve, ratify, and confirm—(A)the Big Sandy River-Planet Ranch Water Rights Settlement Agreement
			 entered into among the Hualapai Tribe, the United States as trustee for
			 the Tribe, the members of the Tribe and allottees, the Secretary of the
			 Interior, the Arizona
			 department of water resources, and others, to the extent the Big Sandy
			 River-Planet Ranch Agreement is consistent
			 with this Act; and(B)the Hualapai Tribe Big Sandy River-Planet Ranch Water Rights Settlement
			 Agreement entered into among the Tribe, the United States, and
			 the Freeport Minerals Corporation, to the extent the Hualapai Tribe
			 Agreement is consistent with this
			 Act;(3)to authorize and direct the Secretary—(A)to execute the duties and obligations of the Secretary under the Big Sandy River-Planet Ranch
			 Agreement, the Hualapai
			 Tribe Agreement, and this Act;(B)(i)to remove objections to the applications for the severance and transfer of certain water rights, in
			 partial consideration of the agreement of the parties to impose certain
			 limits on the extent of the use and transferability of the severed and
			 transferred water right and other
			 water rights;
			 and(ii)to provide confirmation of those water rights; and(C)to carry out any other activity necessary to implement the Big Sandy River-Planet Ranch Agreement
			 and the Hualapai
			 Tribe Agreement in accordance with this Act;(4)to advance the purposes of the Lower Colorado River Multi-Species Conservation Program;(5)to secure a long-term lease for
			 a portion of Planet Ranch, along with appurtenant water rights primarily
			 along the Bill Williams River corridor, for use in the Conservation
			 Program;(6)to bring the leased portion of Planet Ranch into public ownership for the long-term benefit of the
			 Conservation Program; and(7)to secure from the Freeport Minerals Corporation non-Federal contributions—(A)to support a tribal
			 water supply
			 study necessary for the advancement of a settlement of the claims of the
			 Tribe for rights to Colorado River water; and(B)to enable the Tribe to secure Colorado River water rights and appurtenant land, increase security
			 of the water rights of the Tribe, and facilitate a settlement of the
			 claims of the Tribe for rights to Colorado River water.3.DefinitionsIn this Act:(1)ADWRThe term ADWR means the Arizona department of water resources, established pursuant to title 45 of the Arizona
			 Revised
			 Statutes (or a successor agency or entity).(2)AllotmentThe term allotment means any allotment that—(A)was originally allotted to an individual Indian in the allotting document;(B)is located on land outside the boundaries of an Indian reservation within Mohave County, Arizona;
			 and(C)as of the enforceability date, is held in trust by the United States for the benefit of an
			 allottee.(3)AllotteeThe term allottee means any individual who holds a beneficial real property interest in an allotment.(4)Arizona Game and Fish CommissionThe term Arizona Game and Fish Commission means the entity established pursuant to title 17 of the Arizona Revised Statutes to control the
			 Arizona game and fish department (or a successor agency or entity).(5)Bagdad Mine Complex and Bagdad TownsiteThe term Bagdad Mine Complex and Bagdad Townsite means the geographical area depicted on the map attached as exhibit 2.9 to the Big Sandy
			 River-Planet Ranch
			 Agreement.(6)Big Sandy River-Planet Ranch Agreement(A)In generalThe term Big Sandy River-Planet Ranch Agreement means the Big Sandy River-Planet Ranch Water Rights Settlement Agreement dated ______, 2014 and entered into among—(i)the Tribe;(ii)Department, including, and acting on behalf of, the constituent bureaus of the Department and, as
			 specified, the United States
			 as trustee for the Hualapai Tribe, the members of the Tribe, and
			 the allottees;(iii)the Arizona Game and Fish
			 Commission;(iv)ADWR; and(v)the
			 Corporation.(B)InclusionsThe term Big Sandy River-Planet Ranch Agreement includes—(i)all exhibits to the agreement referred to in subparagraph (A);(ii)any amendments necessary to make the agreement consistent with this Act; and(iii)any other amendment approved by the parties to the agreement that are affected by the amendment
			 (including the Secretary, acting
			 on behalf of the United States).(7)Bill Williams River watershedThe term Bill Williams River watershed means the watershed drained by the Bill Williams River and the tributaries of that river,
			 including the Big Sandy and Santa Maria Rivers.(8)Conservation ProgramThe term Conservation Program has the meaning given the term Lower Colorado River Multi-Species Conservation Program in section 9401 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat.
			 1327).(9)Corporation(A)In generalThe term Corporation means the Freeport Minerals Corporation, incorporated in the State of Delaware.(B)InclusionsThe term Corporation includes all subsidiaries, affiliates,
			 successors, and assigns of the Freeport Minerals Corporation (such as
			 Byner
			 Cattle Company, incorporated in the State of Nevada).(10)DepartmentThe term Department means the Department of the Interior.(11)Enforceability dateThe term enforceability date means the applicable date described in section 9.(12)Freeport Groundwater Wells(A)In generalThe term Freeport Groundwater Wells means the 5 wells identified by ADWR well registration numbers—(i)55–592824;(ii)55–595808;(iii)55–595810;(iv)55–200964; and(v)55–908273.(B)InclusionsThe term Freeport Groundwater Wells includes  any replacement of a well referred to in subparagraph (A) drilled by or for the
			 Corporation to supply water to the Bagdad Mine Complex and Bagdad
			 Townsite.(C)ExclusionsThe term Freeport Groundwater Wells does not include any other well owned by the Corporation at any other location.(13)Hualapai Tribe Agreement(A)In generalThe term Hualapai Tribe Agreement means the Hualapai Tribe Bill Williams River Water Rights Settlement Agreement dated ______, 2014 entered into among—(i)the Tribe;(ii)the United States, as trustee for the Tribe, the members of the Tribe, and the allottees; and(iii)the Corporation.(B)InclusionsThe term Hualapai Tribe Agreement includes—(i)all exhibits to the agreement referred to in subparagraph (A);(ii)any amendments necessary to make the agreement consistent with this Act; and(iii)any other amendments approved by—(I)each party to the agreement that is affected by the amendment; and(II)the Secretary.(14)Hualapai Tribe Water Rights Settlement AgreementThe term Hualapai Tribe Water Rights Settlement Agreement means the settlement agreement in the process of  negotiation as of the date of enactment of this
			 Act among the Tribe, the United States, the State of Arizona, the Central
			 Arizona Water Conservation District, the Salt River Agricultural
			 Improvement and Power District and Salt River Valley Water Users
			 Association, and the Corporation to resolve the claims of the Tribe for
			 rights to Colorado River water and Verde River water.(15)InjuryThe term injury, with respect to a water right, means any interference with, diminution of, or deprivation of the
			 water right under Federal, State, or other law.(16)Lincoln RanchThe term Lincoln Ranch means the property owned by the Corporation described in the special warranty deed recorded on
			 December 4, 1995, at Book 1995 and Page 05874 in the official records of
			 La Paz County, Arizona.(17)Parcel 1The term Parcel 1 means the parcel of land that—(A)is depicted as 3 contiguous allotments identified as 1A, 1B, and 1C on the map attached to the
			 Big Sandy River-Planet Ranch Agreement as exhibit 2.10; and(B)is held in trust for certain allottees.(18)Parcel 2The term Parcel 2 means the parcel of land that—(A)is depicted on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10; and(B)is held in trust for certain allottees.(19)Parcel 3The term Parcel 3 means the parcel of land that—(A)is depicted on the map attached to the Big Sandy River-Planet Ranch Agreement as exhibit 2.10;(B)is held in trust for the Tribe; and(C)is part of the Hualapai Reservation pursuant to Executive Order 1368 of June 2, 1911.(20)PartyThe term party means an individual or entity that is a signatory to—(A)the Big Sandy River-Planet Ranch Agreement;(B)the Hualapai Tribe Agreement; or(C)an exhibit to the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement.(21)Planet RanchThe term Planet Ranch means the property owned by the Corporation described—(A)in the special warranty deed recorded
			 on December 14, 2011, at Book 2011 and Page 05267 in the official records
			 of La
			 Paz County, Arizona; and(B)as Instrument No. 2011–062804 in the official
			 records of Mohave County, Arizona.(22)SecretaryThe term Secretary means the Secretary of the Interior.(23)Sever and transfer applicationsThe term sever and transfer applications means the applications filed or amended by the Corporation and pending on the date of enactment of
			 this Act
			 to sever and transfer certain water rights—(A)from Lincoln
			 Ranch and from Planet Ranch to the Wikieup Wellfield
			 for use at the Bagdad Mine Complex and Bagdad Townsite; and(B)from portions of Planet Ranch (as determined on the date on which the applications
			 were filed or amended) to new locations
			 within Planet Ranch.(24)TribeThe term Tribe means the Hualapai Tribe, organized under section 16 of the Act of June 18, 1934 (25 U.S.C. 476)
		(commonly known as the Indian Reorganization Act), and
			 recognized by the Secretary.(25)Water rightThe term water right means—(A)any right in or to groundwater, surface water, or effluent under Federal, State,
			 or other law; and(B)for purposes of subsections (d) and (e) of section 5, any right to Colorado River water.(26)Wikieup WellfieldThe term Wikieup Wellfield means the geographical area depicted on the map attached as exhibit 2.10 to the Big Sandy
			 River-Planet Ranch
			 Agreement.4.Big Sandy River-Planet Ranch Agreement(a)In generalExcept to the extent that any provision of, or amendment to, the Big Sandy River-Planet Ranch
			 Agreement conflicts with
			 this Act—(1)the Big Sandy River-Planet Ranch Agreement is authorized, ratified, and
			 confirmed; and(2)any amendment to the Big Sandy River-Planet Ranch Agreement
			 executed to make the Big Sandy River-Planet Ranch Agreement consistent
			 with this Act is
			 authorized,
			 ratified, and confirmed.(b)ExecutionTo the extent that the Big Sandy River-Planet Ranch Agreement does not conflict
			 with this Act, and in support of the purposes of this Act, the Secretary
			 shall execute—(1)the Big Sandy River-Planet Ranch Agreement (including all exhibits to the
			 Big Sandy River-Planet Ranch Agreement requiring
			 the signature of the Secretary);(2)any amendment to the Big Sandy River-Planet Ranch Agreement (including
			 any amendment to an exhibit of the Big Sandy River-Planet Ranch Agreement
			 requiring the
			 signature of the Secretary) that is necessary to make the Big Sandy
			 River-Planet Ranch
			 Agreement consistent with this Act; and(3)a conditional withdrawal of each objection filed by the Bureau of Indian Affairs, the Bureau of
			 Land Management, and the United States Fish and Wildlife Service to the
			 sever and
			 transfer applications in the form set forth in exhibit 4.2.1(ii)(b) to the
			 Big Sandy River-Planet Ranch Agreement.(c)Discretion of SecretaryThe Secretary may execute any other amendment to the Big Sandy River-Planet Ranch Agreement
			 (including any amendment
			 to an exhibit to the Big Sandy River-Planet Ranch Agreement requiring the
			 signature of the Secretary) that is not inconsistent with this Act, if the
			 amendment does not require approval by Congress.(d)ProhibitionThe Secretary shall not file an objection to any
			 amendment to the sever and transfer applications or any new sever or
			 transfer application filed by the Corporation to accomplish
			 the sever and transfer of 10,055 acre-feet per year of water rights from
			 Planet Ranch and Lincoln Ranch to the Wikieup Wellfield, subject to the
			 condition that the form of such an
			 amendment or new application shall be substantially similar to a form
			 attached to
			 the Big Sandy River-Planet Ranch Agreement as
			 exhibit 4.2.1(ii)(a)(1) or 4.2.1(ii)(a)(2).5.Hualapai Tribe Agreement(a)In generalExcept to the extent that any provision of, or amendment to, the Hualapai Tribe Agreement conflicts
			 with this Act—(1)the Hualapai Tribe Agreement is authorized, ratified, and
			 confirmed; and(2)any amendment to the Hualapai Tribe Agreement
			 executed to make the Hualapai Tribe Agreement consistent with this Act is
			 authorized,
			 ratified, and confirmed.(b)ExecutionTo the extent that the Hualapai Tribe Agreement does not conflict
			 with this Act, and in support of the purposes of this Act, the Secretary
			 shall execute—(1)the Hualapai Tribe Agreement (including all exhibits to the
			 Hualapai Tribe Agreement requiring
			 the signature of the Secretary); and(2)any amendment to the Hualapai Tribe Agreement (including
			 any amendment to an exhibit of the Hualapai Tribe Agreement requiring the
			 signature of the Secretary) that is necessary to make the Hualapai Tribe
			 Agreement consistent with this Act.(c)Discretion of SecretaryThe Secretary may execute any other amendment to the Hualapai Tribe Agreement (including any
			 amendment to an exhibit to the Hualapai Tribe Agreement requiring the
			 signature of the Secretary) that is not inconsistent with this Act, if the
			 amendment does not require approval by Congress.(d)Contribution of Corporation to economic development fund(1)In generalThe contribution of the Corporation to the economic development fund of the Tribe, as provided in
			 section 8.1 of the Hualapai Tribe Agreement—(A)may be used by the Tribe for the limited purpose of enabling the Tribe—(i)to acquire Colorado River water rights with the intent to increase the security of the water rights
			 of the Tribe; and(ii)to otherwise facilitate the use of water on the Hualapai Reservation; and(B)shall be considered to be a non-Federal contribution that counts toward any non-Federal
			 contribution associated with a settlement of the claims of the Tribe for
			 rights to Colorado River water.(2)Limitation on transfer of water rightsThe Colorado River water rights acquired by the Tribe may be used off the Hualapai Reservation only
			 for irrigation of acquired appurtenant land, or for storage in accordance
			 with Federal and State law in a permitted recharge facility in the State
			 of Arizona, subject to the conditions that—(A)the Tribe shall not seek to transfer or sell accumulated long-term storage credits generated from
			 the storage of the acquired Colorado River water rights; and(B)the Tribe shall not seek approval to change the place of use of the acquired Colorado River water
			 rights, except for the purposes of storing the water in accordance with
			 subparagraph (A).(3)ExpirationThe authority provided under paragraph (2) expires on the earlier of—(A)the date on which  the Hualapai Tribe Water Rights Settlement Agreement becomes enforceable; and(B)December 31, 2039.(4)Colorado river water rights counted against claims of Tribe(A)In generalIf the Hualapai Tribe Water Rights Settlement Agreement does not become enforceable by December 31,
			 2039, any Colorado River water rights acquired by the Tribe with the
			 contribution of the Corporation to the economic development fund of the
			 Tribe shall be counted, on an acre-foot per acre-foot basis, toward the
			 claims of the Tribe for rights to Colorado River water in any subsequent
			 settlement or adjudication of those claims.(B)Effect of paragraphNothing in this paragraph restricts any claim for rights of the Tribe to Colorado River water in
			 any subsequent settlement or adjudication.(e)Future limitations on land taken into trustAs provided in section 10.11 of the Hualapai Tribe Agreement, the parties to the Hualapai Tribe
			 Agreement shall negotiate in good faith with other parties the terms under
			 which any land within the State of Arizona held or acquired in fee by the
			 Tribe may be taken into trust by the United States for the benefit of the
			 Tribe, with any applicable terms to be incorporated into a future
			 agreement settling the claims of the Tribe for rights to Colorado River
			 water, and the Federal law approving the agreement,
			 subject to approval by Congress.6.Waivers, releases, and retention of claims(a)Claims by Department under Big Sandy River-Planet Ranch Agreement(1)In generalExcept as provided in paragraph (3), the Secretary is authorized to execute a waiver and release of
			 all claims
			 of the Department against the Corporation under Federal, State, or any
			 other law for—(A)all past and present claims for injury to water rights resulting from the diversion of water by the
			 Corporation from the Wikieup Wellfield or the Freeport Groundwater Wells
			 arising prior to the enforceability date;(B)all claims for injury to water rights arising after the enforceability date resulting from the
			 diversion of water by the Corporation from the Wikieup Wellfield or the
			 Freeport Groundwater Wells in a manner not in violation of the Big Sandy
			 River-Planet Ranch
			 Agreement; and(C)all past, present, and future claims arising out of, or relating in any manner to, the negotiation
			 or execution of the Big Sandy River-Planet Ranch Agreement.(2)Effective dateThe waivers and releases of claims under paragraph (1) shall—(A)be in the form set forth in exhibit 7.2(ii) to the Big Sandy River-Planet Ranch Agreement; and(B)take effect on the enforceability date.(3)Retention of rightsThe Department shall retain all rights not expressly waived under paragraph (1), including the
			 right—(A)to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch
			 Agreement or this Act
			 in any United States court or State court of competent jurisdiction; and(B)to assert any past, present, or future claim to a water right that is not inconsistent with the
			 Big Sandy River-Planet Ranch Agreement or this Act.(b)Claims by Tribe and United States as trustee under Big Sandy River-Planet Ranch Agreement(1)In generalExcept as provided in paragraph (3), the Tribe and the United States, acting as trustee for the
			 Tribe and members of the Tribe, are authorized to execute a waiver and
			 release of all
			 claims against the Corporation for—(A)any water rights of the Tribe or the United States as trustee for the Tribe and members of the
			 Tribe with respect to Parcel 3 in excess of 300 acre-feet per year;(B)all past and present claims for injury to water rights arising before the enforceability date
			 resulting from the diversion of water by the Corporation from the Wikieup
			 Wellfield or the Freeport Groundwater Wells; and(C)all claims for injury to water rights arising after the enforceability date resulting from the
			 diversion of water by the Corporation from the Wikieup Wellfield or the
			 Freeport Groundwater Wells in a manner not in violation of the Big Sandy
			 River-Planet Ranch
			 Agreement or the Hualapai Tribe Agreement.(2)Effective dateThe waivers and releases of claims under paragraph (1) shall—(A)be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and(B)take effect on the enforceability date.(3)Retention of rightsThe Tribe and the United States, acting as trustee for the Tribe and members of the Tribe, shall
			 retain all rights not expressly waived under paragraph (1), including the
			 right—(A)to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch
			 Agreement or this Act
			 in any United States court or State court of competent jurisdiction; and(B)to assert any past, present, or future claim to a water right that is not inconsistent with the
			 Big Sandy River-Planet Ranch Agreement or this Act.(c)Claims by United States as trustee for allottees under Big Sandy River-Planet Ranch Agreement(1)In generalExcept as provided in paragraph (3),  the United States, acting as trustee for the allottees, is
			 authorized to
			 execute a waiver and release of all claims against the Corporation for—(A)any water rights of the allottees or the United States as trustee for the allottees with respect
			 to—(i)Parcel 1 in excess of 82 acre-feet per year; or(ii)Parcel 2 in excess of 312 acre-feet per year;(B)all past and present claims for injury to water rights arising before the enforceability date
			 resulting from the diversion of water by the Corporation from the Wikieup
			 Wellfield or the Freeport Groundwater Wells; and(C)all claims for injury to water rights arising after the enforceability date resulting from the
			 diversion of water by the Corporation from the Wikieup Wellfield or the
			 Freeport Groundwater Wells in a manner not in violation of the Big Sandy
			 River-Planet Ranch
			 Agreement.(2)Effective dateThe waivers and releases of claims under paragraph (1) shall—(A)be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and(B)take effect on the enforceability date.(3)Retention of rightsThe United States, acting as trustee for the allottees, shall retain all rights not expressly
			 waived under paragraph (1), including the right—(A)to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch
			 Agreement or this Act
			 in any United States court or State court of competent jurisdiction; and(B)to assert any past, present, or future claim to a water right that is not inconsistent with the
			 Big Sandy River-Planet Ranch Agreement or this Act.(d)Claims by Tribe and United States as trustee under Hualapai Tribe Agreement(1)In generalExcept as provided in paragraph (3), the Tribe and the United States, acting  as trustee for the
			 Tribe, members of the Tribe, and the allottees, as part of the performance
			 of obligations under the Hualapai Tribe Agreement, are authorized to
			 execute a waiver
			 and release of all claims that the Tribe or the United States as trustee
			 for the Tribe, members of the Tribe, or the allottees may have against the
			 Corporation under Federal, State, or any other law, for—(A)all past and present claims for injury to water rights resulting from the diversion of water by the
			 Corporation from the Bill Williams River watershed arising prior to the
			 enforceability date;(B)all claims for injury to water rights arising after the enforceability date resulting from the
			 diversion of water by the Corporation from the Bill Williams River
			 watershed in a manner not in violation of the Hualapai Tribe Agreement;
			 and(C)all past, present, and future claims arising out of, or relating in any manner to, the negotiation
			 or execution of the Hualapai Tribe Agreement.(2)Effective dateThe waivers and releases of claims under paragraph (1) shall—(A)be in the form set forth in exhibit 7.1(ii) to the Hualapai Tribe Agreement; and(B)take effect on the enforceability date.(3)Retention of rightsThe Tribe and the United States, acting as trustee for the Tribe, the members of the Tribe, and the
			 allottees, shall retain all rights not expressly waived under paragraph
			 (1), including the right to assert—(A)subject to paragraph 10.5 of the Hualapai Tribe Agreement, a claim for breach of, or to seek
			 enforcement of, the Hualapai Tribe Agreement or this Act in any United
			 States court or State court of competent jurisdiction;(B)any claim for injury to, or to seek enforcement of, the rights of the Tribe under any applicable
			 judgment or decree approving or incorporating the Hualapai Tribe
			 Agreement; and(C)any past, present, or future claim to water rights that is not inconsistent with the Hualapai Tribe
			 Agreement or this Act.(e)Claims by Tribe against United States under Big Sandy River-Planet Ranch Agreement and Hualapai
			 Tribe Agreement(1)In generalExcept as provided in paragraph (3), the Tribe, on behalf of the Tribe and the members of the
			 Tribe, is authorized to execute a waiver and release of all claims against
			 the
			 Department and the agents and employees of the Department for—(A)all past, present, and future claims relating to injury to  water rights associated with Parcel 3
			 in excess of 300 acre-feet per year that the Department, acting as trustee
			 for the Tribe, asserted or could have asserted against any party to the
			 Hualapai Tribe Agreement, including the Corporation;(B)all past and present claims relating to injury to water rights arising before the enforceability
			 date associated with Parcel 3, including any injury from withdrawal of a
			 protest to the sever and transfer applications;(C)all claims relating to injury to water rights arising after the enforceability date associated with
			 Parcel 3, except for injury to the water right for 300 acre-feet per year
			 associated with Parcel 3; and(D)all past, present, and future claims relating to any potential injury arising out of, or relating
			 in any manner to, the negotiation or execution of  the Big Sandy
			 River-Planet Ranch Agreement
			 or the Hualapai Tribe Agreement.(2)Effective dateThe waivers and releases of claims under paragraph (1) shall—(A)be in the form set forth in, as applicable—(i)exhibit 7.6(ii) to the Big Sandy River-Planet Ranch Agreement; or(ii)exhibit 7.3(ii) to the Hualapai Tribe Agreement; and(B)take effect on the enforceability date.(3)Retention of rightsThe Tribe shall retain all rights not expressly waived under paragraph (1), including the right—(A)to assert any claim for breach of, or to seek enforcement of, the Big Sandy River-Planet Ranch
			 Agreement, the Hualapai
			 Tribe Agreement, or this Act in any United States court or State court of
			 competent jurisdiction; and(B)to assert any past, present, or future claim to a water right that is not inconsistent with the
			 Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, or
			 this Act.7.Administration(a)Limited waiver of sovereign immunity(1)In generalIn the case of a civil action described in paragraph (2)—(A)the United States or the Tribe, or both, may be joined in a civil
			 action commenced by any party to the Big Sandy River-Planet Ranch
			 Agreement or the Hualapai
			 Tribe Agreement; and(B)any claim by the United States or the Tribe to sovereign immunity from
			 the civil action is waived for the sole purpose of resolving any
			 issue regarding the interpretation or enforcement of, as applicable—(i)this Act;(ii)the Big Sandy River-Planet Ranch Agreement; or(iii)the Hualapai
			 Tribe Agreement.(2)Description of civil actionA civil action referred to in paragraph (1) is a civil action filed by any party in a United States
			 court	or State court that—(A)relates solely and directly to the interpretation or enforcement of this Act, the Big Sandy
			 River-Planet Ranch
			 Agreement, or the Hualapai Tribe
			 Agreement;(B)does not seek any award against the United States or the Tribe for monetary damages, costs, or
			 attorneys’ fees; and(C)names the United States or the Tribe as a party.(b)Antideficiency(1)In generalNotwithstanding any authorization of appropriations to carry out this Act, the expenditure or
			 advance of any funds, and the performance of any obligation by the
			 Department in any capacity, pursuant to this Act shall
			 be contingent on the appropriation of funds for that expenditure, advance,
			 or performance.(2)LiabilityThe Department shall not be liable for the failure to carry out any
			 obligation or activity authorized by this Act if adequate appropriations
			 are not provided to carry out this Act.(c)Public accessNothing in this Act prohibits reasonable public access to Planet Ranch or Lincoln Ranch in a manner
			 that is consistent with all applicable Federal and State laws and any
			 applicable conservation management plan implemented under the Conservation
			 Program.8.Environmental compliance(a)In generalIn implementing the Big Sandy River-Planet Ranch Agreement, the Hualapai
			 Tribe Agreement, and this Act,
			 the Secretary shall comply with all applicable Federal environmental laws
			 (including regulations), including—(1)the National Environmental Policy Act of 1969
			 (42 U.S.C. 4321 et seq.); and(2)the Endangered Species Act of 1973 (16 U.S.C.
			 1531 et seq.).(b)Execution of agreementsThe execution by the
			 Secretary of the Big Sandy River-Planet Ranch Agreement and the Hualapai
			 Tribe Agreement  in accordance with this Act shall not constitute a major
			 Federal
			 action for purposes of section 102 of the National Environmental Policy
			 Act of 1969
			 (42 U.S.C. 4332).(c)United States enforcement authorityNothing in this Act, the Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement
			 affects any right of
			 the United States to take any action (including any environmental action)
			 under any law (including regulations and common law) relating to human
			 health, safety, or the environment.9.Enforceability date(a)In generalExcept as provided in subsection (b), the enforceability date shall be the date on which the
			 Secretary publishes in the Federal Register a statement of findings that—(1)(A)to the extent that the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement
			 conflict with this Act,
			 the applicable agreement has been revised by amendment to eliminate the
			 conflict; and(B)the Big Sandy River-Planet Ranch Agreement and
			 the Hualapai Tribe Agreement
			 have been executed by all parties to those agreements;(2)the Corporation has submitted to ADWR a conditional amendment of the sever and
			 transfer applications for the Lincoln Ranch water right and amendments to
			 the sever and transfer applications for Planet Ranch and Lincoln Ranch
			 water rights consistent with section 4.2.1(ii)(a) of the Big Sandy
			 River-Planet Ranch
			 Agreement;(3)the Secretary and the Arizona Game and Fish Commission have executed and filed with ADWR a
			 conditional withdrawal of each objection described in section 4(b)(3);(4)(A)ADWR has issued a conditional order approving the sever and transfer applications of the
			 Corporation; and(B)all objections to the sever and transfer applications have been—(i)conditionally withdrawn; or(ii)resolved in a decision issued by ADWR that is final and
			 nonappealable;(5)the Secretary has provided a notice to the parties to the Big Sandy River-Planet Ranch Agreement
			 and the Hualapai
			 Tribe Agreement that the Department
			 has completed the
			 legally required environmental compliance described in section 8;(6)the steering committee for the Conservation Program has approved and authorized the manager of the
			 Conservation Program to execute the lease in the form as set forth in
			 exhibit 2.33 to the Big Sandy River-Planet Ranch Agreement; and(7)the waivers and releases authorized by section 6 have been executed by the Tribe and the Secretary.(b)Ratification and execution of agreementsNotwithstanding subsection (a), for purposes of sections 4, 5, and 8, the Secretary shall carry out
			 the requirements of this Act as promptly as practicable after the date of
			 enactment of this Act.(c)Failure of enforceability date To occurIf the Secretary does not publish a statement of findings under subsection (a) by December 15,
			 2015, or an extended date agreed to by the Tribe, the Secretary, and the
			 Corporation, after providing reasonable notice to the State of Arizona—(1)this Act is repealed effective beginning on the later of—(A)December 31, 2015; and(B)the date that is 14 days after the extended date agreed to by the Tribe, the Secretary, and the
			 Corporation, after providing reasonable notice to the State of Arizona;(2)any action taken by the Secretary to carry out this Act shall cease, and any agreement executed
			 pursuant to this Act, shall be void; and(3)the Tribe, members of the Tribe, the allottees, and the United States, acting as trustee for the
			 Tribe, members of the Tribe, and the allottees, shall retain the right to
			 assert past, present, and future claims to water rights and claims for
			 injury to water rights in the Bill Williams River watershed.


		II
		111th CONGRESS
		1st Session
		S. 1865
		IN THE SENATE OF THE UNITED STATES

			October 26, 2009
			Ms. Landrieu introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To extend the temporary suspension of duty on
		  Bifenazate.

		1.Bifenazate
			(a)In
			 generalHeading 9902.01.61 of
			 the Harmonized Tariff Schedule of the United States (relating to Bifenazate) is
			 amended by striking the date in the effective period column and inserting
			 12/31/2011.
			(b)Effective
			 dateThe amendment made by
			 subsection (a) applies to goods entered, or withdrawn from warehouse for
			 consumption, on or after the 15th day after the date of the enactment of this
			 Act.


115 HR 363 IH: Child Tax Credit Integrity Preservation Act of 2017
U.S. House of Representatives
2017-01-06
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. 363IN THE HOUSE OF REPRESENTATIVESJanuary 6, 2017Mr. Messer introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to clarify eligibility for the child tax credit.

 1.Short titleThis Act may be cited as the Child Tax Credit Integrity Preservation Act of 2017. 2.Eligibility for child tax credit (a)In generalSection 24(e) of the Internal Revenue Code of 1986 is amended by striking under this section to a taxpayer and all that follows and inserting “under this section to any taxpayer unless—

 (1)such taxpayer includes the taxpayer’s valid identification number (as defined in section 6428(h)(2)) (and, in the case of a joint return, the valid identification number (as so defined) of the taxpayer’s spouse) on the return of tax for the taxable year, and
 (2)with respect to any qualifying child, the taxpayer includes the name and taxpayer identification number of such qualifying child on such return of tax..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


116 HR 4538 IH: Closing Loopholes for Orphan Drugs Act
U.S. House of Representatives
2019-09-26
text/xml
EN
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I116th CONGRESS1st SessionH. R. 4538IN THE HOUSE OF REPRESENTATIVESSeptember 26, 2019Mr. Welch (for himself and Mr. McKinley) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title III of the Public Health Service Act to limit the orphan drug exclusion under the
			 drug discount program under section 340B of such title.

 1.Short titleThis Act may be cited as the Closing Loopholes for Orphan Drugs Act. 2.Limiting the orphan drug exclusion under 340B drug discount program (a)In generalSection 340B(e) of the Public Health Service Act (42 U.S.C. 256b(e)) is amended by inserting before the period at the end the following: when transferred, prescribed, sold, or otherwise used for the rare condition or disease for which such drug is so designated.
 (b)Effective dateThe amendment made by subsection (a) shall apply with respect to covered outpatient drugs purchased on or after the date of the enactment of this Act.


117 HR 3005 EH: To direct the Joint Committee on the Library to replace the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the United States Capitol with a bust of Thurgood Marshall to be obtained by the Joint Committee on the Library and to remove certain statues from areas of the United States Capitol which are accessible to the public, to remove all statues of individuals who voluntarily served the Confederate States of America from display in the United States Capitol, and for other purposes.
U.S. House of Representatives

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

I
117th CONGRESS1st Session
H. R. 3005
IN THE HOUSE OF REPRESENTATIVES
AN ACT
To direct the Joint Committee on the Library to replace the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the United States Capitol with a bust of Thurgood Marshall to be obtained by the Joint Committee on the Library and to remove certain statues from areas of the United States Capitol which are accessible to the public, to remove all statues of individuals who voluntarily served the Confederate States of America from display in the United States Capitol, and for other purposes.

1.Replacement of bust of Roger Brooke Taney with bust of Thurgood Marshall
(a)FindingsCongress finds the following: (1)While sitting in the United States Capitol, the Supreme Court issued the infamous Dred Scott v. Sandford decision on March 6, 1857. Written by Chief Justice Roger Brooke Taney, whose bust sits inside the entrance to the Old Supreme Court Chamber in the United States Capitol, this opinion declared that African Americans were not citizens of the United States and could not sue in Federal courts. This decision further declared that Congress did not have the authority to prohibit slavery in the territories.
(2)Chief Justice Roger Brooke Taney’s authorship of Dred Scott v. Sandford, the effects of which would only be overturned years later by the ratification of the 13th, 14th, and 15th Amendments to the Constitution of the United States, renders a bust of his likeness unsuitable for the honor of display to the many visitors to the United States Capitol. (3)As Frederick Douglass said of this decision in May 1857, This infamous decision of the Slaveholding wing of the Supreme Court maintains that slaves are within the contemplation of the Constitution of the United States, property; that slaves are property in the same sense that horses, sheep, and swine are property; that the old doctrine that slavery is a creature of local law is false; that the right of the slaveholder to his slave does not depend upon the local law, but is secured wherever the Constitution of the United States extends; that Congress has no right to prohibit slavery anywhere; that slavery may go in safety anywhere under the star-spangled banner; that colored persons of African descent have no rights that white men are bound to respect; that colored men of African descent are not and cannot be citizens of the United States..
(4)While the removal of Chief Justice Roger Brooke Taney’s bust from the United States Capitol does not relieve the Congress of the historical wrongs it committed to protect the institution of slavery, it expresses Congress’s recognition of one of the most notorious wrongs to have ever taken place in one of its rooms, that of Chief Justice Roger Brooke Taney’s Dred Scott v. Sandford decision. (b)Removal of bust of Roger Brooke TaneyNot later than 45 days after the date of the enactment of this Act, the Joint Committee on the Library shall remove the bust of Roger Brooke Taney in the Old Supreme Court Chamber of the United States Capitol.
(c)Replacement with bust of Thurgood Marshall
(1)Obtaining bustNot later than 2 years after the date of the enactment of this Act, the Joint Committee on the Library shall enter into an agreement to obtain a bust of Thurgood Marshall, under such terms and conditions as the Joint Committee considers appropriate consistent with applicable law. (2)PlacementThe Joint Committee on the Library shall place the bust obtained under paragraph (1) in the location in the Old Supreme Court Chamber of the United States Capitol where the bust of Roger Brooke Taney was located prior to removal by the Architect of the Capitol under subsection (b).
2.Requirements and removal procedures for statues in National Statuary Hall
(a)RequirementsSection 1814 of the Revised Statutes (2 U.S.C. 2131) is amended by inserting (other than persons who served voluntarily in the military forces or government of the Confederate States of America or in the military forces or government of a State while the State was in rebellion against the United States) after military services. (b)Statue removal procedures (1)In general (A)Identification by Architect of the CapitolThe Architect of the Capitol shall identify all statues on display in the United States Capitol that do not meet the requirements of section 1814 of the Revised Statutes (2 U.S.C. 2131), as amended by subsection (a).
(B)Removal by Joint Committee on the LibraryThe Joint Committee on the Library shall arrange for the removal of each statue identified by the Architect of the Capitol under subparagraph (A) from any area of the United States Capitol which is accessible to the public by not later than 120 days after the date of the enactment of this Act. (2)Return of statuesA statue which is removed under this subsection and which was provided for display by a State shall be returned to the State, and the ownership of the statue transferred to the State, if the State so requests and agrees to pay any costs related to the transportation of the statue to the State.
(3)Replacement of statuesA State that has a statue removed under this subsection may replace such statue in accordance with the requirements and procedures of section 1814 of the Revised Statutes (2 U.S.C. 2131) and section 311 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 2132). (c)StorageThe Architect of the Capitol shall keep any statue removed under this section in storage pending the return of the statue to the State.
3.Removal of certain other statues and busts
(a)Confederate statues and busts
(1)RemovalNot later than 45 days after the date of the enactment of this Act, the Joint Committee on the Library, together with the Curator of the House of Representatives or the Curator of the Senate (as the case may be), shall remove all Confederate statues and Confederate busts from any area of the United States Capitol which is accessible to the public. (2)Definitions (A)Confederate statueIn this subsection, the term Confederate statue means a statue which was provided by a State for display in the United States Capitol that depicts—
(i)any individual who served voluntarily at any time as a member of the Armed Forces of the Confederate States of America or of the military of a State while the State was in open rebellion against the United States; or (ii)any individual who served as an official of the Government of the Confederate States of America or as an official of a State while the State was in open rebellion against the United States.
(B)Confederate bustIn this subsection, the term Confederate bust means a bust which depicts an individual described in clause (i) or (ii) of subparagraph (A). (b)Other statuesNot later than 45 days after the date of the enactment of this Act, the Joint Committee on the Library shall remove the statue of Charles Brantley Aycock, the statue of John Caldwell Calhoun, and the statue of James Paul Clarke from any area of the United State Capitol which is accessible to the public.
(c)StorageThe Architect of the Capitol shall keep any statue or bust removed under this section in storage. (d)Exclusion of statues subject to other removal proceduresThis subsection does not apply with respect to any statue which is subject to removal under section 2.
4.Authorization of appropriationsThere are authorized to be appropriated such sums as may be necessary to carry out this Act, and any amounts so appropriated shall remain available until expended. Passed the House of Representatives June 29, 2021.Cheryl L. Johnson,Clerk.


109 HCON 197 IH: Declaring that it is the policy of the United States not to enter into any base agreement with the Government of Iraq that would lead to a permanent United States military presence in Iraq.
U.S. House of Representatives
2005-06-30
text/xml
EN
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IV
109th CONGRESS
1st Session
H. CON. RES. 197
IN THE HOUSE OF REPRESENTATIVES

June 30, 2005
Ms. Lee (for herself, Mr. Blumenauer, Mr. Conyers, Mr. DeFazio, Mr. Grijalva, Mr. Hinchey, Ms. Kilpatrick of Michigan, Mr. Kucinich, Mr. McDermott, Mr. George Miller of California, Mr. Olver, Mr. Sanders, Mr. Serrano, Mr. Sherman, Ms. Solis, Mr. Stark, Ms. Woolsey, Ms. McKinney, Mr. Rush, Mr. Delahunt, Mr. Lewis of Georgia, Mr. Cummings, Ms. Waters, Mr. Honda, Mr. Jackson of Illinois, Mr. Payne, Ms. Eddie Bernice Johnson of Texas, Mrs. Jones of Ohio, Mr. Towns, Mr. Davis of Illinois, Ms. Jackson-Lee of Texas, Mr. Watt, Mr. Al Green of Texas, Mr. Moran of Virginia, and Ms. Schakowsky) submitted the following concurrent resolution; which was referred to the Committee on International Relations

CONCURRENT RESOLUTION
Declaring that it is the policy of the United States not to enter into any base agreement with the Government of Iraq that would lead to a permanent United States military presence in Iraq.

Whereas on April 13, 2004, President George W. Bush stated: “As a proud and independent people, Iraqis do not support an indefinite occupation and neither does America.”; and
Whereas on February 17, 2005, Secretary of Defense Donald Rumsfeld, testifying before the Committee on Armed Services of the Senate, stated: We have no intention, at the present time, of putting permanent bases in Iraq.: Now, therefore, be it

That the Congress declares that it is the policy of the United States not to enter into any base agreement with the Government of Iraq that would lead to a permanent United States military presence in Iraq.