		II
		Calendar No. 313
		112th CONGRESS
		2d Session
		S. 1108
		[Report No. 112–144]
		IN THE SENATE OF THE UNITED STATES

			May 26, 2011
			Mr. Sanders (for
			 himself, Mr. Boozman,
			 Mr. Bingaman, Mr. Coons, Mrs.
			 Shaheen, Mr. Whitehouse,
			 Mr. Lautenberg, and
			 Mrs. Feinstein) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			February 7, 2012
			Reported by Mr.
			 Bingaman, with an amendment
			Omit the part struck through and insert the part
			 printed in italic

		A BILL
		To provide local communities with tools to make solar
		  permitting more efficient, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the 10 Million Solar Roofs Act of
			 2011.
		2.DefinitionsIn this Act:
			(1)Best practices
			 for solar permittingThe term best practices for solar
			 permitting means 1 or more practices—
				(A)defined by the
			 Secretary by regulation as—
					(i)promoting
			 standardization and uniformity for local permitting requirements for solar
			 energy across jurisdictions; and
					(ii)(I)lowering the solar
			 energy system installation costs associated with local permitting; or
						(II)expediting the local permitting process
			 for solar energy; and
						(B)identified by the
			 Secretary through consultation with—
					(i)local
			 governments, including each local government that participates in the Rooftop
			 Solar Challenge or other appropriate solar energy program of the Department of
			 Energy; and
					(ii)members of the
			 solar energy industry.
					(2)Challenge
			 grantThe term challenge grant means a grant awarded
			 under a competitive program to 1 or more applicants that achieve implementation
			 of best practices for solar permitting.
			(3)Commitment to
			 adopt best practices for solar permittingThe term
			 commitment to adopt best practices for solar permitting means an
			 agreement or memorandum of understanding between the head of a local government
			 and the Secretary that contains—
				(A)an outline of
			 steps that the local government commits to take to adopt best practices for
			 solar permitting; and
				(B)a timeline for
			 implementation of the steps described in subparagraph (A).
				(4)Installed
			 nameplate capacityThe term installed nameplate
			 capacity means the maximum output of a solar electric system under
			 specific conditions designated by the manufacturer of the solar electric
			 system.
			(5)SecretaryThe
			 term Secretary means the Secretary of Energy.
			(6)Solar energy
			 systemThe term solar energy system means rooftop or
			 ground-mounted solar equipment—
				(A)that is used to
			 generate electricity or heat water in the United States; and
				(B)with an installed
			 nameplate capacity not exceeding 1 megawatt or the thermal equivalent of 1
			 megawatt.
				3.Tools for
			 efficient installation of solar energy systems
			(a)In
			 GeneralAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall establish a program under which the Secretary
			 shall provide competitive grants or challenge grants, or both, to local
			 governments or consortia of local governments that have adopted or offer a
			 commitment to adopt best practices for solar permitting for properties located
			 in the United States.
			(b)Implementation
				(1)Solar
			 certificationsThe Secretary shall provide voluntary
			 certification and recognition for local governments (including local
			 governments that receive grants under paragraph (2)) that indicate that the
			 local government has adopted best practices for solar permitting.
				(2)Competitive
			 grants and challenge grants
					(A)In
			 generalFor each fiscal year, the Secretary shall award
			 competitive grants or challenge grants, or both, to local governments and
			 consortia of local governments to be used in accordance with this
			 section.
					(B)RequirementsThe
			 Secretary shall adopt and implement criteria for awarding competitive grants or
			 challenge grants, or both, under subparagraph (A) to local governments and
			 consortia of local governments—
						(i)to
			 promote greater standardization, efficiency, and uniformity for solar energy
			 permitting across jurisdictions; and
						(ii)that
			 would—
							(I)require that
			 grant awards are provided only to local governments or consortia of local
			 governments that have—
								(aa)adopted or offer
			 a commitment to adopt best practices for solar permitting; and
								(bb)provided
			 quantitative metrics to measure success;
								(II)ensure that
			 grants are awarded to a diversity of geographic locations and recipients with
			 different population sizes; and
							(III)provide a
			 preference for grant applicants that have partnered with States, public utility
			 commissions, or other stakeholders to adopt or enhance standards and policies
			 to overcome other barriers to distributed generation (including interconnection
			 and net metering).
							(3)Authorized use
			 of funds for competitive grantsSubject to subsection (c),
			 competitive grants provided under this section may be used for—
					(A)training for
			 making, to the maximum extent practicable, the local permitting process for
			 solar energy systems more standardized, efficient, and less expensive;
					(B)the development
			 of materials, Internet-based tools and application processes, and other tools
			 or information to make, to the maximum extent practicable, the local permitting
			 process for solar energy systems more standardized, efficient, and less
			 expensive;
					(C)solar energy
			 system deployment projects or programs to pilot new permitting strategies or
			 processes; and
					(D)other programs or
			 projects to achieve the objectives described in subparagraphs (A) through (C),
			 as determined by the Secretary.
					(4)Authorized use
			 of funds for challenge grantsSubject to subsection (c),
			 challenge grants provided under this section may be used for—
					(A)solar energy
			 system deployment projects; and
					(B)programs to pilot
			 new permitting strategies or processes.
					(c)Rescission for
			 noncomplianceThe Secretary shall rescind any amount of grant
			 funds that the Secretary considers to be appropriate that is provided to any
			 grant recipient that—
				(1)receives funds
			 based on a commitment to adopt best practices for solar permitting; but
				(2)is unable to
			 implement the steps necessary to adopt the best practices for solar
			 permitting.
				(d)Non-Federal
			 ShareThe Secretary shall require that each entity that receives
			 grant funds under this section shall be responsible for a matching amount
			 (including in-kind services)—
				(1)established by
			 the Secretary for each fiscal year for which funds are authorized; and
				(2)not to exceed 50
			 percent of the amount of the provided funds.
				(e)Administrative
			 Expenses
				(1)In
			 generalNot more than 5 percent of the amounts made available for
			 each fiscal year under this section may be used to pay the administrative
			 expenses of the Department of Energy that the Secretary determines to be
			 necessary to carry out this Act (including expenses arising from monitoring and
			 evaluation).
				(2)Grant
			 recipientsGrant recipients may use not more than 5 percent of
			 the amounts made available for each fiscal year under this section to pay for
			 administrative expenses.
				(f)Coordination;
			 consultationTo the maximum extent practicable, the Secretary
			 shall consult with the Secretary of the Treasury and the Chief Executive of
			 each grant recipient that receives funds under this section to ensure that each
			 program or project carried out by each grant recipient through the use of the
			 funds is coordinated with each other applicable incentive or financing program
			 of the Federal Government or any other applicable program.
			(g)GoalsThe
			 goals of the United States, through this Act and any additional or existing
			 incentive or research and development program, are—
				(1)to install
			 distributed solar energy systems on not less than 10,000,000 properties located
			 in the United States by December 31, 2020; and
				(2)to achieve cost
			 reductions in the price of solar energy by December 31, 2020, consistent with
			 the SunShot Initiative of the Department of Energy.
				(h)Reports
				(1)Report
			 Regarding Additional RecommendationsNot later than 270 days
			 after the date of enactment of this Act, the Secretary shall submit to the
			 Committee on Energy and Natural Resources of the Senate and the Committee on
			 Energy and Commerce of the House of Representatives a report that contains
			 additional recommendations that the Secretary determines to be necessary to
			 achieve each goal described in subsection (g).
				(2)Report
			 regarding progress of grant recipientsNot later than 2 years
			 after the date on which funds are first made available under this section, the
			 Secretary shall submit to the appropriate committees of Congress a report that
			 contains a description of the progress of grant recipients under this section
			 in implementing and maintaining best practices for solar permitting.
				(i)Funding
				(1)In
			 generalOf the amounts authorized to be appropriated under
			 section 641(p)(3) of the
			 Energy Independence and Security Act of 2007 (42 U.S.C.
			 17231(p)(3))section 399A(i)(1) of the Energy Policy and
			 Conservation Act (42 U.S.C. 6371h–1(i)(1)), the Secretary may
			 use to carry out this section $50,000,000 for each of fiscal years 2012 through
			 2016.
				(2)TerminationParagraph
			 (1) shall terminate on October 1, 2016.

		February 7, 2012
		Reported with an amendment


110 HR 2972 IH: Subway Cell Access Act
U.S. House of Representatives
2007-07-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
110th CONGRESS 1st Session
H. R. 2972
IN THE HOUSE OF REPRESENTATIVES

July 10, 2007
Mr. Weiner introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To require providers of wireless telephone services to provide access to the universal emergency telephone number in subterranean subway stations located within their area of coverage.

1.Short titleThis Act may be cited as the Subway Cell Access Act.
2.Requirement to provide access to the universal emergency telephone number in subway stations
(a)In generalSection 332(c) of the Communications Act of 1934 (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph:

(9)Access to 911 service in subway stations
(A)In generalThe Commission shall, by regulation, require that each commercial mobile service provide service for the universal emergency telephone number designated under section 251(e)(3) within each subterranean boarding station that is located within any geographic area in which such commercial mobile service provides service at ground level.
(B)Infrastructure sharingSuch regulations shall require commercial mobile services providing service described in subparagraph (A) within subterranean boarding stations—
(i)to make available to other commercial mobile services such infrastructure, technology, information, facilities, and functions as may be requested by such other service for the purpose of enabling such other service to provide such service; and
(ii)to use such infrastructure, technology, and facilities in providing such access that will facilitate sharing of such infrastructure, technology, and facilities under clause (i).
(C)DefinitionsFor purposes of this paragraph:
(i)Covered subway systemThe term covered subway system means a fixed guideway mass transportation facility that—
(I)is described in section 5302(a)(4)(A) of title 49, United States Code; and
(II)operates as a common carrier.
(ii)Subterranean boarding stationThe term subterranean boarding station means a location or station that—
(I)is located below ground level;
(II)is part of any covered subway system; and
(III)provides public access or boarding to the vehicles used in such covered subway system.
(b)Limitation on State regulation of placement of facilitiesSection 332(c)(7)(B)(i)(II) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(B)(i)(II) is amended by inserting before the period at the end the following: , including the provision of commercial mobile service in subterranean boarding stations to the extent necessary to provide service required under paragraph (9).
(c)Rulemaking and applicability
(1)Rulemaking proceedingThe Commission shall, within 60 days after the date of the enactment of this Act, initiate a rulemaking proceeding to prescribe regulations necessary to carry out the amendments under this Act.
(2)ApplicabilityThis amendments made by this Act are made on the date of the enactment of this Act, but shall apply upon the expiration of the 2-year period beginning upon the issuance of final regulations to carry out the amendments made by this Act, except that the Federal Communications Commission may, by regulation, provide for earlier applicability of regulations issued pursuant to section 332(c)(9)(B) of the Communications Act of 1934 (47 U.S.C. 332(c)(9)(B)), as added by subsection (a) of this section, to facilitate compliance with the requirement of section 332(c)(9)(A) of such Act.


110 HR 1236 : To amend title 39, United States Code, to

U.S. House of Representatives
2007-11-01
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.

		IIB
		110th CONGRESS
		1st Session
		H. R. 1236
		IN THE SENATE OF THE UNITED
		  STATES

			November 1, 2007
			Received; read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		AN ACT
		To amend title 39, United States Code, to
		  extend the authority of the United States Postal Service to issue a semipostal
		  to raise funds for breast cancer research.

		1.Extension of
			 authoritySection 414(h) of
			 title 39, United States Code, is amended by striking 2007 and
			 inserting 2011.
		2.Reporting
			 requirementsThe National
			 Institutes of Health and the Department of Defense shall each submit to
			 Congress and the Government Accountability Office an annual report concerning
			 the use of any amounts that it received under
			 section
			 414(c) of title 39, United States Code, including a description
			 of any significant advances or accomplishments, during the year covered by the
			 report, that were funded, in whole or in part, with such amounts.

			Passed the House of
			 Representatives October 30, 2007.
			Lorraine C. Miller,
			Clerk


116 HR 402 IH: Countering Russian and Other Overseas Kleptocracy Act
U.S. House of Representatives
2021-01-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 402IN THE HOUSE OF REPRESENTATIVESJanuary 21, 2021Mr. Keating (for himself and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Foreign AffairsA BILLTo promote international efforts in combating corruption, kleptocracy, and illicit finance by foreign officials and other foreign persons, including through a new anti-corruption action fund, and for other purposes.1.Short titles; table of contents(a)Short titlesThis Act may be cited as the Countering Russian and Other Overseas Kleptocracy Act or the CROOK Act.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short titles; table of contents.Sec. 2. Findings.Sec. 3. Definitions.Sec. 4. Statement of policy.Sec. 5. Anti-Corruption Action Fund.Sec. 6. Interagency Anti-Corruption Task Force.Sec. 7. Designation of embassy anti-corruption points of contact.Sec. 8. Reporting requirements.2.FindingsCongress finds the following:(1)Authoritarian leaders in foreign countries abuse their power to steal assets from state institutions, enrich themselves at the expense of their countries’ economic development, and use corruption as a strategic tool both to solidify their grip on power and to undermine democratic institutions abroad.(2)Global corruption harms the competitiveness of United States businesses, weakens democratic governance, feeds terrorist recruitment and transnational organized crime, enables drug smuggling and human trafficking, and stymies economic growth. (3)Illicit financial flows often penetrate countries through what appear to be legitimate financial transactions, as kleptocrats launder money, use shell companies, amass offshore wealth, and participate in a global shadow economy.(4)The Government of the Russian Federation is a leading model of this type of kleptocratic system, using state-sanctioned corruption to both erode democratic governance from within and discredit democracy abroad, thereby strengthening the authoritarian rule of Vladimir Putin.(5)Corrupt individuals and entities in the Russian Federation, often with the backing and encouragement of political leadership, use stolen money— (A)to purchase key assets in other countries, often with a goal of attaining monopolistic control of a sector;(B)to gain access to and influence the policies of other countries; and(C)to advance Russian interests in other countries, particularly those that undermine confidence and trust in democratic systems.(6)Systemic corruption in the People’s Republic of China, often tied to, directed by, or backed by the leadership of the Chinese Communist Party and the Chinese Government is used—(A)to provide unfair advantage to certain People’s Republic of China economic entities;(B)to increase other countries’ economic dependence on the People’s Republic of China to secure greater deference to the People’s Republic of China’s diplomatic and strategic goals; and(C)to exploit corruption in foreign governments and among other political elites to enable People’s Republic of China state-backed firms to pursue predatory and exploitative economic practices.(7)Thwarting these tactics by Russian, Chinese, and other kleptocratic actors requires the international community to strengthen democratic governance and the rule of law. International cooperation in combating corruption and illicit finance is vital to such efforts, especially by empowering reformers in foreign countries during historic political openings for the establishment of the rule of law in those countries.(8)Technical assistance programs that combat corruption and strengthen the rule of law, including through assistance provided by the Department of State’s Bureau of International Narcotics and Law Enforcement Affairs and the United States Agency for International Development, and through programs like the Department of Justice’s Office of Overseas Prosecutorial Development, Assistance and Training and the International Criminal Investigative Training Assistance Program, can have lasting and significant impacts for both foreign and United States interests.(9)There currently exist numerous international instruments to combat corruption, kleptocracy, and illicit finance, including—(A)the Inter-American Convention against Corruption of the Organization of American States, done at Caracas March 29, 1996;(B)the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organisation of Economic Co-operation and Development, done at Paris December 21, 1997 (commonly referred to as the Anti-Bribery Convention);(C)the United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000;(D)the United Nations Convention against Corruption, done at New York October 31, 2003;(E)Recommendation of the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions, adopted November 26, 2009; and(F)recommendations of the Financial Action Task Force comprising the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation.3.DefinitionsIn this Act:(1)Appropriate congressional committeesThe term appropriate congressional committees means—(A)the Committee on Foreign Relations of the Senate;(B)the Committee on Banking, Housing, and Urban Affairs of the Senate;(C)the Committee on Finance of the Senate;(D)the Committee on the Judiciary of the Senate;(E)the Committee on Foreign Affairs of the House of Representatives;(F)the Committee on Financial Services of the House of Representatives;(G)the Committee on Ways and Means of the House of Representatives; and(H)the Committee on the Judiciary of the House of Representatives.(2)Foreign assistanceThe term foreign assistance means foreign assistance authorized under the Foreign Assistance Act of 1961 (22 U.S.C. 2251 et seq.).(3)Foreign stateThe term foreign state has the meaning given such term in section 1603(a) of title 28, United States Code.(4)Intelligence communityThe term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)).(5)Public corruptionThe term public corruption includes the unlawful exercise of entrusted public power for private gain, such as through bribery, nepotism, fraud, extortion, or embezzlement. (6)Rule of lawThe term rule of law means the principle of governance in which all persons, institutions, and entities, whether public or private, including the state, are accountable to laws that are—(A)publicly promulgated;(B)equally enforced;(C)independently adjudicated; and(D)consistent with international human rights norms and standards.4.Statement of policyIt is the policy of the United States—(1)to leverage United States diplomatic engagement and foreign assistance to promote the rule of law;(2)(A)to promote international instruments to combat corruption, kleptocracy, and illicit finance, including instruments referred to in section 2(9), and other relevant international standards and best practices, as such standards and practices develop; and (B)to promote the adoption and implementation of such laws, standards, and practices by foreign states;(3)to support foreign states in promoting good governance and combating public corruption;(4)to encourage and assist foreign partner countries to identify and close loopholes in their legal and financial architecture, including the misuse of anonymous shell companies, free trade zones, and other legal structures, that are enabling illicit finance to penetrate their financial systems;(5)to help foreign partner countries to investigate, prosecute, adjudicate, and more generally combat the use of corruption by malign actors, including authoritarian governments, particularly the Government of the Russian Federation and the Government of the People’s Republic of China, as a tool of malign influence worldwide; (6)to assist in the recovery of kleptocracy-related stolen assets for victims, including through the use of appropriate bilateral arrangements and international agreements, such as the United Nations Convention against Corruption, done at New York October 31, 2003, and the United Nations Convention against Transnational Organized Crime, done at New York November 15, 2000;(7)to use sanctions authorities, such as the Global Magnitsky Human Rights Accountability Act (subtitle F of title XII of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 22 U.S.C. 2656 note)) and section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94), to identify and take action against corrupt foreign actors; (8)to ensure coordination between relevant Federal departments and agencies with jurisdiction over the advancement of good governance in foreign states; and(9)to lead the creation of a formal grouping of like-minded states—(A)to coordinate efforts to counter corruption, kleptocracy, and illicit finance; and(B)to strengthen collective financial defense.5.Anti-Corruption Action Fund(a)EstablishmentThere is established in the United States Treasury a fund, to be known as the Anti-Corruption Action Fund, only for the purposes of—(1)strengthening the capacity of foreign states to prevent and fight public corruption;(2)assisting foreign states to develop rule of law-based governance structures, including accountable civilian police, prosecutorial, and judicial institutions;(3)supporting foreign states to strengthen domestic legal and regulatory frameworks to combat public corruption, including the adoption of best practices under international law; and(4)supplementing existing foreign assistance and diplomacy with respect to efforts described in paragraphs (1), (2), and (3).(b)Funding(1)TransfersBeginning on or after the date of the enactment of this Act, if total criminal fines and penalties in excess of $50,000,000 are imposed against a person under the Foreign Corrupt Practices Act of 1977 (Public Law 95–213) or section 13, 30A, or 32 of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78dd–1, and 78ff), whether pursuant to a criminal prosecution, enforcement proceeding, deferred prosecution agreement, nonprosecution agreement, a declination to prosecute or enforce, or any other resolution, the court (in the case of a conviction) or the Attorney General shall impose an additional prevention payment equal to $5,000,000 against such person, which shall be deposited in the Anti-Corruption Action Fund established under subsection (a).(2)Availability of fundsAmounts deposited into the Anti-Corruption Action Fund pursuant to paragraph (1) shall be available to the Secretary of State only for the purposes described in subsection (a), without fiscal year limitation or need for subsequent appropriation.(3)LimitationNone of the amounts made available to the Secretary of State from the Anti-Corruption Action Fund may be used inside the United States, except for administrative costs related to overseas program implementation pursuant to subsection (a).(c)SupportThe Anti-Corruption Action Fund—(1)may support governmental and nongovernmental parties in advancing the purposes described in subsection (a); and(2)shall be allocated in a manner complementary to existing United States foreign assistance, diplomacy, and anti-corruption activities.(d)Allocation and prioritizationIn programming foreign assistance made available through the Anti-Corruption Action Fund, the Secretary of State, in coordination with the Attorney General, shall prioritize projects that—(1)assist countries that are undergoing historic opportunities for democratic transition, combating corruption, and the establishment of the rule of law; and(2)are important to United States national interests.(e)Technical assistance providersFor any technical assistance to a foreign governmental party under this section, the Secretary of State, in coordination with the Attorney General, shall prioritize United States Government technical assistance providers as implementers, in particular the Office of Overseas Prosecutorial Development, Assistance and Training and the International Criminal Investigative Training Assistance Program at the Department of Justice. (f)Public diplomacyThe Secretary of State shall announce that funds deposited in the Anti-Corruption Action Fund are derived from actions brought under the Foreign Corrupt Practices Act to demonstrate that the use of such funds are—(1)contributing to international anti-corruption work; and(2)reducing the pressure that United States businesses face to pay bribes overseas, thereby contributing to greater competitiveness of United States companies.(g)ReportingNot later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that contains—(1)the balance of the funding remaining in the Anti-Corruption Action Fund;(2)the amount of funds that have been deposited into the Anti-Corruption Action Fund; and(3)a summary of the obligation and expenditure of such funds.(h)Notification requirementsNone of the amounts made available to the Secretary of State from the Anti-Corruption Action Fund pursuant to this section shall be available for obligation, or for transfer to other departments, agencies, or entities, unless the Secretary of State notifies the Committee on Foreign Relations of the Senate, the Committee on Appropriations of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Appropriations of the House of Representatives, not later than 15 days in advance of such obligation or transfer.6.Interagency Anti-Corruption Task Force(a)In generalThe Secretary of State, in cooperation with the Interagency Anti-Corruption Task Force established pursuant to subsection (b), shall manage a whole-of-government effort to improve coordination among Federal departments and agencies and donor organizations with a role in—(1)promoting good governance in foreign states; and(2)enhancing the ability of foreign states to combat public corruption.(b)Interagency Anti-Corruption Task ForceNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall establish and convene the Interagency Anti-Corruption Task Force (referred to in this section as the Task Force), which shall be composed of representatives appointed by the President from appropriate departments and agencies, including the Department of State, the United States Agency for International Development, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Department of Commerce, the Millennium Challenge Corporation, and the intelligence community. (c)Additional meetingsThe Task Force shall meet not less frequently than twice per year. (d)DutiesThe Task Force shall—(1)evaluate, on a general basis, the effectiveness of existing foreign assistance programs, including programs funded by the Anti-Corruption Action Fund, that have an impact on—(A)promoting good governance in foreign states; and(B)enhancing the ability of foreign states to combat public corruption;(2)assist the Secretary of State in managing the whole-of-government effort described in subsection (a);(3)identify general areas in which such whole-of-government effort could be enhanced; and(4)recommend specific programs for foreign states that may be used to enhance such whole-of-government effort.(e)Briefing requirementNot later than 1 year after the date of the enactment of this Act and not less frequently than annually thereafter through the end of fiscal year 2026, the Secretary of State shall provide a briefing to the appropriate congressional committees regarding the ongoing work of the Task Force. Each briefing shall include the participation of a representative of each of the departments and agencies described in subsection (b), to the extent feasible.7.Designation of embassy anti-corruption points of contact(a)Embassy anti-Corruption point of contactThe chief of mission of each United States embassy shall designate an anti-corruption point of contact for each such embassy.(b)DutiesThe designated anti-corruption points of contact designated pursuant to subsection (a) shall—(1)coordinate, in accordance with guidance from the Interagency Anti-Corruption Task Force established pursuant to section 6(b), an interagency approach within United States embassies to combat public corruption in the foreign states in which such embassies are located that is tailored to the needs of such foreign states, including all relevant Federal departments and agencies with a presence in such foreign states, such as the Department of State, the United States Agency for International Development, the Department of Justice, the Department of the Treasury, the Department of Homeland Security, the Department of Defense, the Millennium Challenge Corporation, and the intelligence community;(2)make recommendations regarding the use of the Anti-Corruption Action Fund and other foreign assistance funding related to anti-corruption efforts in their respective countries of responsibility that aligns with United States diplomatic engagement; and(3)ensure that anti-corruption activities carried out within their respective countries of responsibility are included in regular reporting to the Secretary of State and the Interagency Anti-Corruption Task Force, including United States embassy strategic planning documents and foreign assistance-related reporting, as appropriate.(c)TrainingThe Secretary of State shall develop and implement appropriate training for the designated anti-corruption points of contact.8.Reporting requirements(a)Report or briefing on progress toward implementationNot later than 180 days after the date of the enactment of this Act, and annually thereafter for the following 3 years, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, the Attorney General, and the Secretary of the Treasury, shall submit a report or provide a briefing to the appropriate congressional committees that summarizes progress made in combating public corruption and in implementing this Act, including—(1)identifying opportunities and priorities for outreach with respect to promoting the adoption and implementation of relevant international law and standards in combating public corruption, kleptocracy, and illicit finance; (2)describing—(A)the bureaucratic structure of the offices within the Department of State and the United States Agency for International Development that are engaged in activities to combat public corruption, kleptocracy, and illicit finance; and(B)how such offices coordinate their efforts with each other and with other relevant Federal departments and agencies;(3)providing a description of how the provisions under subsections (d) and (e) of section 5 have been applied to each project funded by the Anti-Corruption Action Fund;(4)providing an explanation as to why a United States Government technical assistance provider was not used if technical assistance to a foreign governmental entity is not implemented by a United States Government technical assistance provider; (5)describing the activities of the Interagency Anti-Corruption Task Force established pursuant to section 6(b);(6)identifying—(A)the designated anti-corruption points of contact for foreign states; and(B)any training provided to such points of contact; and(7)recommending additional measures that would enhance the ability of the United States Government to combat public corruption, kleptocracy, and illicit finance overseas.(b)Online platformThe Secretary of State, in conjunction with the Administrator of the United States Agency for International Development, should consolidate existing reports with anti-corruption components into a single online, public platform that includes—(1)the Annual Country Reports on Human Rights Practices required under section 116 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n);(2)the Fiscal Transparency Report required under section 7031(b) of the Department of State, Foreign Operations and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6);(3)the Investment Climate Statement reports;(4)the International Narcotics Control Strategy Report;(5)any other relevant public reports; and(6)links to third-party indicators and compliance mechanisms used by the United States Government to inform policy and programming, as appropriate, such as—(A)the International Finance Corporation’s Doing Business surveys;(B)the International Budget Partnership’s Open Budget Index; and(C)multilateral peer review anti-corruption compliance mechanisms, such as—(i)the Organisation for Economic Co-operation and Development’s Working Group on Bribery in International Business Transactions;(ii)the Follow-Up Mechanism for the Inter-American Convention Against Corruption; and(iii)the United Nations Convention Against Corruption, done at New York October 31, 2003.


115 HR 1448 IH: Reclamation of War Powers Act
U.S. House of Representatives
2017-03-09
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
115th CONGRESS1st Session
H. R. 1448
IN THE HOUSE OF REPRESENTATIVES

March 9, 2017
Mr. Himes (for himself, Mr. Welch, Mr. Moulton, Mr. Gallego, Mr. Jones, Mr. Schrader, and Miss Rice of New York) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Armed Services, and Rules, 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 prohibit funds available for the United States Armed Forces to be obligated or expended for introduction of the Armed Forces into hostilities, and for other purposes.

1.Short titleThis Act may be cited as the Reclamation of War Powers Act. 2.Purpose and policy (a)It is the purpose of this Act to fulfill the intent of the Framers of the Constitution of the United States and ensure that the collective judgment of both Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, and to the continued use of such forces in hostilities or in such situations.
(b)Under article I, section 8, of the Constitution, it is specifically provided that Congress shall have the power to make all laws necessary and proper for carrying into execution, not only its own powers but also all other powers vested by the Constitution in the Government of the United States, or in any department or officer thereof. (c)The constitutional powers of the President as Commander-in-Chief to deploy United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, may be exercised only pursuant to—
(1)a declaration of war; (2)specific statutory authorization; or
(3)a national emergency created by attack or imminent threat of attack upon the United States, its territories or possessions, or its armed forces. 3.Limitation on use of funds (a)Limitation (1)In generalNo funds available for the United States Armed Forces may be obligated or expended for introduction of the Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, in the absence of—
(A)a declaration of war; (B)specific statutory authorization; or
(C)a national emergency created by an attack or imminent threat of attack upon the United States, its territories or possessions, or the Armed Forces. (2)Additional limitation relating to national emergencyFunds available for the United States Armed Forces may be obligated or expended for introduction of the Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, by reason of a national emergency created by an attack or imminent threat of attack upon the United States, its territories or possessions, or the Armed Forces only during the 60-day period beginning on such date of introduction of the Armed Forces.
(b)Prohibition on consideration of bill or joint resolution in violation of subsection (a)
(1)In generalIt shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution that would make funds available in violation of subsection (a). (2)Enactment as exercise of rulemaking power of House of Representatives and SenateThis subsection is enacted by Congress—
(A)as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such are deemed a part of the rules of each House, respectively, and such procedures supersede other rules only to the extent that they are inconsistent with such other rules; and (B)with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
4.Reporting requirements
(a)Report relating to declaration of war or specific statutory authorization
(1)In generalThe President shall, in the case of a declaration of war or specific authorization for introduction of the United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, submit to Congress a report on the following: (A)An analysis of the threat to be countered by the use of the Armed Forces.
(B)The specific objectives and justification for such objectives to be achieved by the use of the Armed Forces. (C)A description of the scope and duration, cost, and likelihood of success of the use of the Armed Forces.
(2)DeadlinesThe initial report required under paragraph (1) shall be submitted to Congress not later than 90 days after the date of the enactment of a bill or joint resolution that provides for a declaration of war or specific authorization for introduction of the United States Armed Forces as described in paragraph (1), and an update of such report shall be submitted to Congress every 90 days thereafter until the United States Armed Forces are no longer engaged in hostilities or situations as described in paragraph (1). (b)Report relating to national emergency (1)In generalThe President shall, in the case of introduction of the United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, by reason of a national emergency created by an attack or imminent threat of attack upon the United States, its territories or possessions, or the Armed Forces, submit to Congress a report on the matters described in paragraphs (1), (2), and (3) of subsection (a).
(2)DeadlineThe report required under paragraph (1) shall be submitted to Congress not later than 48 hours after introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, as described in paragraph (1), and an update of such report shall be submitted to Congress not later than 60 days after the date of submission of the initial report. 5.Rules of constructionNothing in this Act, or any amendment made by this Act, shall be construed—
(1)to alter the constitutional authority of Congress or of the President, or the provisions of existing treaties; or (2)to apply to those activities approved and reported pursuant to section 503 of the National Security Act of 1947 (50 U.S.C. 3093).


		III
		115th CONGRESS
		2d Session
		S. RES. 406
		IN THE SENATE OF THE UNITED STATES

			February 14, 2018
			Mr. McConnell (for himself and Mr. Schumer) submitted the following resolution; which was considered and agreed to

		RESOLUTION
		To authorize representation by the Senate Legal Counsel in the case of United States v. Ahmed
Alahmedalabdaloklah.

		Whereas, in the case of United States v. Ahmed Alahmedalabdaloklah, No. CR–12–01263–001–PHX–ROS,
			 pending in the United States District Court for the District of Arizona,
			 the defendant has issued a subpoena for testimony and documents to Senator
			 Lindsey Graham;
		Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government Act of 1978, 2
			 U.S.C.
			 §§ 288b(a) and 288c(a)(2), the Senate may direct its counsel to represent
			 Members of the Senate with respect to any subpoena, order, or request for
			 testimony or documents relating to their official responsibilities;
		Whereas, by the privileges of the Senate of the United States and Rule XI of the Standing Rules of
			 the Senate, no evidence under the control or in the possession of the
			 Senate may, by
the judicial or administrative process, be taken from such control or possession but by permission
			 of the Senate; and
		Whereas, by Rule VI of the Standing Rules of the Senate, no Senator shall absent himself from the
			 service of the Senate without leave:
Now,
			 therefore, be it

		That the Senate Legal Counsel is authorized to represent Senator Lindsey Graham in this matter.


		II
		112th CONGRESS
		2d Session
		S. 2806
		IN THE SENATE OF THE UNITED STATES

			May 7, 2012
			Mr. Kerry introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To reduce temporarily the duty on fasteners, in clips
		  suitable for use in a mechanical attaching device.

		1.Fasteners, in clips suitable
			 for use in a mechanical attaching device
			(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:

								9902.01.00Fasteners, in clips suitable for use in a mechanical attaching
						device (provided for in subheading 3926.90.85) 3.7%No
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


109 HR 1299 IH: Critical Habitat Enhancement Act of 2005
U.S. House of Representatives
2005-03-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 1299
IN THE HOUSE OF REPRESENTATIVES

March 15, 2005
Mr. Cardoza (for himself, Mr. Doolittle, Mr. Jones of North Carolina, Mr. Baca, Mr. Herger, Mr. Radanovich, Mr. Costa, Mr. Otter, Mr. Calvert, Mr. Peterson of Pennsylvania, Mr. Walden of Oregon, Mr. Simpson, Mr. Osborne, Mr. Rehberg, Mr. Nunes, Ms. Bordallo, and Mr. Gary G. Miller of California) introduced the following bill; which was referred to the Committee on Resources

A BILL
To amend the Endangered Species Act of 1973 to reform the process for designating critical habitat under that Act.

1.Short titleThis Act may be cited as the Critical Habitat Enhancement Act of 2005.
2.Designation of critical habitat; standard
(a)In generalSection 4(a) of the Endangered Species Act of 1973 (16 U.S.C. 1533(a)) is amended—
(1)by redesignating subparagraph (B) of paragraph (3) as paragraph (4);
(2)in paragraph (4) (as so redesignated)—
(A)by striking (i) and inserting (A);
(B)by striking (ii) and inserting (B); and
(C)by striking (iii) and inserting (C); and
(3)by amending paragraph (3) to read as follows:

(3)
(A)
(i)The Secretary shall, by regulation promulgated in accordance with subsection (b) and to the maximum extent practicable, prudent, and determinable, issue a final regulation designating any habitat of the species determined to be an endangered species or threatened species that is critical habitat of the species.
(ii)The Secretary shall make any designation required under clause (i) by not later than one year after the final approval of a recovery plan for the species under section 4(f), or 3 years after the date of publication of the final regulation implementing a determination that the species is an endangered species or threatened species, whichever is earlier.
(B)The Secretary shall reconsider any determination that designation of critical habitat of a species is not practicable, or determinable, during the next review under section 4(c)(2)(A) or at the time of a final approval of a recovery plan for the species under section 4(f).
(C)The Secretary may, from time-to-time as appropriate, revise any designation of critical habitat under this paragraph.
(D)Notwithstanding subparagraphs (A), (B), and (C), any designation of an area as critical habitat shall not apply with respect to any action authorized by—
(i)a permit under section 10(a) (including any conservation plan or agreement under that section for such a permit) that applies to the area;
(ii)a written statement under section 7(b)(4); or
(iii)a land conservation or species management program of a State, a Federal agency, a federally recognized Indian tribe located within the contiguous 48 States, or the Metlakatla Indian Community that the Secretary determines provides protection for habitat of the species that is substantially equivalent to the protection that would be provided by such designation.
(E)Nothing in this paragraph shall be construed to authorize a recovery plan to establish regulatory requirements or otherwise to have an effect other than as non-binding guidance..
(b)Conforming amendmentSection 4(b)(6)(C) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(6)(C)) is repealed.
3.Basis for determinationSection 4(b)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended—
(1)by inserting (A) after (2); and
(2)by adding at the end the following:

(B)In determining whether an area is critical habitat, the Secretary shall seek and, if available, consider information from State and local governments in the vicinity of the area, including local resource data and maps.
(C)Consideration of economic impact under this paragraph shall include—
(i)direct, indirect, and cumulative economic costs and benefits, including consideration of changes in revenues received by landowners, the Federal Government, and State and local governments; and
(ii)costs associated with the preparation of reports, surveys, and analyses required to be undertaken, as a consequence of a proposed designation of critical habitat, by landowners seeking to obtain permits or approvals required under Federal, State, or local law.
(D)In designating critical habitat of a species, the Secretary shall first consider all areas that are known to be within the geographical area determined by field survey data to be occupied by the species..
4.Content of notices of proposed designation of critical habitatSection 4(b)(5)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1533(b)(5)(A)) is amended—
(1)in clause (i) by striking , and and inserting a semicolon;
(2)in clause (ii)—
(A)by striking and to each and inserting to each; and
(B)by inserting , and to the county and any municipality having administrative jurisdiction over the area after to occur; and
(3)by adding at the end the following:

(iii)with respect to a regulation to designate or revise a designation of critical habitat—
(I)publish maps and coordinates that describe, in detail, the specific areas that meet the definition under section 3 of, and are designated under section 4(a) as, critical habitat, and all field survey data upon which such designation is based; and
(II)maintain such maps, coordinates, and data on a publicly accessible Internet page of the Department; and
(iv)include in each of the notices required under this subparagraph a reference to the Internet page referred to in clause (iii)(II);.
5.Clarification of definition of critical habitatSection 3(5) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)) is amended—
(1)in subparagraph (A) by striking clauses (i) and (ii) and inserting the following:

(i)the specific areas—
(I)that are within the geographical area determined by field survey data to be occupied by the species at the time the areas are designated as critical habitat in accordance with section 4; and
(II)on which are found those physical and biological features that are necessary to avoid jeopardizing the continued existence of the species and may require special management considerations or protection; and
(ii)areas that are not within the geographical area referred to in clause (i)(I) and that the Secretary determines are essential for the survival of the species at the time the areas are designated as critical habitat in accordance with section 4.;
(2)by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); and
(3)by adding at the end the following:

(C)For purposes of subparagraph (A)(i) the term geographical area determined by field survey data to be occupied by the species means the specific area that, at the time the area is designated as critical habitat in accordance with section 4, is being used by the species for breeding, feeding, sheltering, or another essential behavioral pattern..


		I
		111th CONGRESS
		2d Session
		H. R. 6434
		IN THE HOUSE OF REPRESENTATIVES

			November 18, 2010
			Ms. Castor of Florida
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committees on
			 Transportation and
			 Infrastructure, Energy
			 and Commerce, and Science
			 and Technology, 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 establish programs to aid in the economic,
		  environmental, and public health recovery of the Gulf States from the damage
		  and harm caused by the blowout of the mobile offshore drilling unit Deepwater
		  Horizon and the resulting degradation of the Gulf over time, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Gulf of Mexico Economic and Environmental Restoration Act
			 of 2010.
		2.Gulf of Mexico
			 Recovery Council
			(a)EstablishmentThere is established the Gulf of Mexico
			 Recovery Council.
			(b)MembershipThe Council shall consist of each member of
			 the Gulf Coast Ecosystem Restoration Task Force established by Executive Order
			 13554 (75 Fed. Reg. 62313).
			(c)ChairThe Chair of the Council shall be the
			 member designated as the Chair of the Gulf Coast Ecosystem Restoration Task
			 Force under Executive Order 13554 (75 Fed. Reg. 62313).
			(d)Duties of the
			 CouncilThe Council shall—
				(1)establish
			 guidelines for State comprehensive restoration plans under section 4(b);
				(2)approve or disapprove State comprehensive
			 restoration plans under section 4(d);
				(3)distribute funds under section 4(e) to
			 States that have State comprehensive restoration plans approved under section
			 4(d);
				(4)annually review
			 State comprehensive restoration plans under section 4(e)(2);
				(5)establish a Gulf
			 of Mexico Observation System under section 5;
				(6)establish a Gulf
			 of Mexico sea grant program under section 6;
				(7)establish a Gulf
			 of Mexico seafood marketing program under section 7;
				(8)establish a Gulf
			 of Mexico clean energy program under section 8;
				(9)establish a Gulf
			 coast-based working group that includes representatives of members of the
			 Council and other local agencies and representatives as appropriate for the
			 purposes of recommending, coordinating, and implementing policies, programs,
			 activities, and projects to accomplish Gulf coast economic development,
			 ecosystem restoration, and public health rehabilitation under this Act;
				(10)coordinate the
			 sharing of scientific information and other research associated with Gulf coast
			 economic development, ecosystem restoration, and public health rehabilitation;
			 and
				(11)submit an annual
			 report to Congress under subsection (e).
				(e)ReportNot
			 later than September 30 of each year, the Council shall submit to Congress a
			 report that summarizes the activities of the Council and the policies, plans,
			 activities, and projects carried out under this Act.
			(f)Nonapplicability
			 of Federal Advisory Committee ActThe Federal Advisory Committee
			 Act (5 U.S.C. App.) shall not apply to the Council or the working group
			 established under subsection (d)(9).
			3.Gulf of Mexico
			 Economic and Environmental Recovery Fund
			(a)EstablishmentThere is established in the Treasury of the
			 United States a fund to be known as the Gulf of Mexico Economic and
			 Environmental Recovery Fund.
			(b)Transfers to
			 fundNotwithstanding any
			 other provision of law, the Secretary of the Treasury shall deposit into the
			 Fund amounts equal to not less than 80 percent of any amounts collected by the
			 United States before, on, or after the date of the enactment of this Act as
			 penalties, settlements, or fines under sections 309 and 311 of the Federal
			 Water Pollution Control Act (33 U.S.C. 1319, 1321) in relation to the Gulf oil
			 spill.
			(c)Authorized
			 uses
				(1)In
			 generalThe Fund shall be available to the Council, as provided
			 in appropriations Acts, only for activities related to Gulf coast economic
			 development, ecosystem restoration, and public health rehabilitation in
			 accordance with this Act.
				(2)Grants to
			 States
					(A)In
			 generalThe Council shall distribute 80 percent of the amounts
			 made available for expenditure from the Fund in a fiscal year to the Gulf
			 States to be used to carry out their respective State comprehensive restoration
			 plans approved by the Council under section 4(d)(2), in accordance with section
			 4(e).
					(B)Proportional
			 distributionThe Council shall allocate the amounts to be
			 distributed to each Gulf State under this paragraph as follows:
						(i)60
			 percent shall be allocated based on each Gulf State’s proportionate share of
			 the length of Gulf coast shoreline in the Gulf States, as determined by the
			 Council based on the most recently available data from, or accepted by, the
			 Office of Coast Survey of the National Oceanic and Atmospheric Administration.
						(ii)40 percent shall be allocated based on each
			 Gulf State’s proportionate share of the aggregate population of all counties
			 contained in whole or in part within the designated Gulf coast boundaries of
			 the Gulf States, as determined by the Council based on the most recent United
			 States census.
						(3)Regional
			 grants
					(A)Use of
			 fundsThe Council shall
			 distribute the remaining 20 percent of the amounts made available for
			 expenditure from the Fund in such fiscal year in the form of grants as
			 follows:
						(i)40 percent for the
			 Gulf of Mexico Observation System established under section 5.
						(ii)15 percent for the Gulf of Mexico sea grant
			 program established under section 6.
						(iii)15 percent for
			 the Gulf of Mexico seafood marketing program established under section
			 7.
						(iv)30 percent for the Gulf of Mexico clean
			 energy program established under section 8.
						(B)Consistency with
			 regional ecosystem restoration strategyThe Council shall ensure that any funds
			 made available under this paragraph are used for projects and activities that
			 are not inconsistent with the regional ecosystem restoration strategy developed
			 by the Gulf Coast Ecosystem Restoration Task Force established by Executive
			 Order 13554 (75 Fed. Reg. 62313).
					4.State
			 comprehensive restoration plans
			(a)In
			 generalIn order to be
			 eligible to receive funds under section 3(c)(2), a Gulf State shall submit to
			 the Council a State comprehensive restoration plan regarding Gulf coast
			 economic development, ecosystem restoration, and public health rehabilitation
			 in the State, in accordance with this section.
			(b)Guidelines
				(1)In
			 generalNot later than 60 days after the date of the enactment of
			 this Act, and after providing notice and an opportunity for public comment, the
			 Council shall make available to the public guidelines for the development and
			 submission of State comprehensive restoration plans under this section.
				(2)Contents of
			 plan
					(A)In
			 generalThe Council shall
			 require a State submitting a State comprehensive restoration plan under this
			 section to ensure that the plan addresses the effects in the State of the Gulf
			 oil spill with regards to the economy, the environment, and public health, both
			 physical and mental.
					(B)Specific
			 elementsThe Council shall
			 require a State submitting a State comprehensive restoration plan under this
			 section to ensure that the plan specifically addresses the following
			 elements:
						(i)Environmental restoration and remediation,
			 including in coastal and marine ecosystems.
						(ii)Academic and applied research regarding the
			 economy, environment, and public health.
						(iii)Seafood
			 marketing.
						(iv)Tourism
			 marketing.
						(v)Coastal land
			 acquisition.
						(vi)Ecosystem resource planning and coastal and
			 marine spatial planning (as that term is defined in Executive Order 13547 (75
			 Fed. Reg. 43023)).
						(vii)Renewable and
			 clean energy production and development, energy conservation, and related
			 retrofitting projects.
						(c)DeadlineA State submitting to the Council a State
			 comprehensive restoration plan under this section shall do so not later than 90
			 days after the date on which the Council makes guidelines available to the
			 public under subsection (b).
			(d)Review,
			 approval, and disapproval
				(1)ReviewNot later than 30 days after a State
			 submits to the Council a State comprehensive restoration plan under subsection
			 (a), the Council shall review and either approve or disapprove the State
			 comprehensive restoration plan in accordance with this subsection.
				(2)ApprovalThe Council may approve a State
			 comprehensive restoration plan from a State under this subsection if the plan
			 meets all of the requirements of subsection (b) and the guidelines made
			 available under such subsection.
				(3)DisapprovalIf the Council disapproves a State
			 comprehensive restoration plan under this subsection—
					(A)the Council shall
			 provide to the State the reasons for the disapproval; and
					(B)the State may
			 submit a revised State comprehensive restoration plan not later than 30 days
			 after the date of such disapproval.
					(e)Distribution of
			 funds
				(1)TimelineIf the Council approves a State
			 comprehensive restoration plan under subsection (d), the Council shall
			 establish a timeline for distributing funds to the State under section 3(c)(2)
			 and distribute the funds according to such timeline.
				(2)Annual
			 reviewNot later than September 30 of each year during which
			 funds are distributed to a State for a State comprehensive restoration plan
			 under section 3(c)(2), the Council shall conduct a review of the implementation
			 of the plan.
				(3)Withholding of
			 fundsIf the Council finds,
			 based on an annual review conducted under paragraph (2), that a State is not
			 fully implementing its State comprehensive restoration plan or the
			 implementation of such plan is not achieving its stated objectives, the Council
			 may withhold funds that have not yet been distributed under the timeline
			 established under paragraph (1).
				5.Gulf of Mexico
			 Observation System
			(a)EstablishmentThe Council shall establish a Gulf of
			 Mexico Observation System to observe, monitor, and map the Gulf in a
			 comprehensive manner in accordance with this section.
			(b)Administration
				(1)In
			 generalThe Gulf of Mexico Observation System established under
			 subsection (a) shall be implemented through a Gulf of Mexico Exploration
			 Research Center administered by an eligible entity chosen by the Council based
			 on an application demonstrating the ability of the eligible entity to carry out
			 the requirements of this section.
				(2)GrantsThe Council shall make grants under section
			 3(c)(3)(A) to an eligible entity chosen under paragraph (1) for the
			 administration of the Gulf of Mexico Exploration Research Center.
				(c)Facilitation of
			 existing technologiesAn eligible entity administering the Gulf
			 of Mexico Observation System under subsection (b) shall facilitate the use of
			 existing technologies in order to quickly increase observation and monitoring
			 capabilities in the Gulf, including facilitating—
				(1)enhancement of existing ocean-based
			 monitoring systems, including satellite imagery, moorings and autonomous
			 observation platforms, oceanographic research vessels, subsurface sea floor
			 mapping, coastal and wetland monitoring stations, robotic technology,
			 computational modeling and forecasting, and vessels to support coastal
			 monitoring and fishery assessment;
				(2)enhancement of the existing land-based
			 monitoring facilities through the acquisition, construction, and development of
			 laboratories, port infrastructure, equipment, and personnel that support,
			 interface, communicate with, and provide integrated observation functions that
			 supplement the ocean-based monitoring system;
				(3)support of
			 operational costs for staffing relating to existing technologies; and
				(4)the development of
			 academic programs focused on training in supportive fields, such as data
			 assimilation, information synthesis and modeling, data visualization
			 capabilities, and data management and analysis.
				(d)Development of
			 new technologiesAn eligible
			 entity administering the Gulf of Mexico Observation System under subsection (b)
			 shall facilitate the development of new monitoring technologies.
			(e)Specific
			 technologies
				(1)DeploymentAn
			 eligible entity administering the Gulf of Mexico Observation System under
			 subsection (b) shall deploy monitoring technologies, including the
			 following:
					(A)Coastal sensor moorings.
					(B)Deep sea sensor
			 moorings.
					(C)Sea floor sensor
			 moorings in deep water.
					(D)Sensor moorings on
			 oil and gas platforms and other structures.
					(E)Data transmission
			 systems, including local- and regional-scale data nodes.
					(F)Research vessels
			 for system deployment, system maintenance, and emergency response.
					(G)Port facilities to
			 support research vessels, sensor moorings, and data transmission
			 systems.
					(H)Sensor development
			 and testing programs.
					(I)High-frequency
			 radars to monitor physical properties of the surface water of the Gulf.
					(2)SupportAn
			 eligible entity administering the Gulf of Mexico Observation System under
			 subsection (b) shall support monitoring technologies, including the following:
					(A)Autonomous
			 underwater vehicles.
					(B)Satellite and
			 acoustic tagging programs for migratory fishes, cetaceans, and sea
			 turtles.
					(C)Computer modeling
			 systems.
					(f)DefinitionsIn
			 this section, the following definitions apply:
				(1)Eligible
			 entityThe term eligible entity means an
			 organization that—
					(A)is a consortium of
			 public and private institutions of higher education in a Gulf State;
					(B)is formally
			 established by a board of higher education in a Gulf State for the purpose of
			 collaborating on marine science research;
					(C)has its operations
			 physically located in the Gulf coast; and
					(D)demonstrates
			 experience in carrying out the kinds of activities described in this section
			 and the ability to carry out the requirements of subsections (c), (d), and
			 (e).
					(2)GulfThe
			 term Gulf means the submerged lands of the Outer Continental
			 Shelf of the United States, and the areas of the exclusive economic zone of the
			 United States, within the Gulf of Mexico, including the associated coastal
			 watersheds, estuaries, beaches, and wetlands.
				(g)Coordination
			 with National Integrated Coastal and Ocean Observation SystemThe Council shall ensure that the Gulf of
			 Mexico Observation System established under subsection (a) is developed in
			 coordination with the National Integrated Coastal and Ocean Observation System
			 established under section 12304 of the Integrated Coastal and Ocean Observation
			 System Act of 2009 (33 U.S.C. 3603).
			6.Gulf of Mexico
			 sea grant program
			(a)EstablishmentThe
			 Council shall establish a grant program to fund Gulf coast restoration projects
			 carried out by sea grant colleges or institutions, as designated under the
			 National Sea Grant College Program Act (33 U.S.C. 1121 et seq.), that are
			 located in Gulf States.
			(b)ApplicationIn
			 order to be eligible to receive a grant under this section, a sea grant college
			 or institution located in a Gulf State shall submit to the Council an
			 application describing the research on Gulf coast restoration activities to be
			 carried out with funds made available through such grant, and how such research
			 is consistent with the purposes of both the National Sea Grant College Program
			 and this Act.
			(c)ReportA sea grant college or institution
			 receiving a grant under this section shall submit an annual report to the
			 Council containing such information as the Council may require.
			7.Gulf of Mexico
			 seafood marketing program
			(a)EstablishmentThe Council shall establish a Gulf of
			 Mexico seafood marketing program to be carried out in accordance with this
			 section.
			(b)Gulf of Mexico
			 Seafood Marketing Board
				(1)EstablishmentThe Council shall establish a Gulf of
			 Mexico Seafood Marketing Board in accordance with this subsection.
				(2)Members
					(A)In
			 generalThe Board shall
			 consist of 13 members appointed by the Council to reflect the expertise and
			 interests of the seafood industry located within the Gulf States.
					(B)Selection
						(i)Solicitation of
			 nomineesNot later than 30 days after the date of the enactment
			 of this Act, the Council shall solicit from the Governors of the Gulf States
			 nominations of individuals to be appointed as members.
						(ii)AppointmentNot
			 later than 60 days after the date of the enactment of this Act, the Council
			 shall appoint members from among the individuals nominated under clause
			 (i).
						(C)RepresentationThe
			 Council shall ensure that the members fairly reflect the seafood industry
			 located within the Gulf States. The Board shall include the following:
						(i)3
			 individuals with experience in the harvesting of seafood.
						(ii)1
			 individual with experience in managing a large seafood processing
			 operation.
						(iii)1 individual with experience in managing a
			 small seafood processing operation.
						(iv)1
			 individual with experience in seafood-related transportation and
			 logistics.
						(v)1
			 individual with experience in mass-market seafood distribution.
						(vi)1
			 individual with experience in mass-market seafood retail or food
			 service.
						(vii)1
			 individual with experience in the marketing of seafood.
						(viii)1
			 individual recommended by a Gulf coast region or State seafood marketing
			 organization.
						(ix)1
			 individual representing the aquaculture production of seafood.
						(x)2
			 individuals representing the general public who are familiar with the seafood
			 industry as a whole.
						(D)Terms
						(i)In
			 generalEach member shall be appointed for a term of 3
			 years.
						(ii)Term
			 limitNo member may serve more than 3 consecutive terms.
						(iii)VacanciesA
			 vacancy on the Board shall not affect the ability of the Board to function. The
			 Council shall appoint a new member in the manner in which the original
			 appointment was made not later than 30 days after a vacancy occurs to fill the
			 unexpired term of the vacated member.
						(E)RemovalThe Board may remove a member from office
			 for failure to attend 3 consecutive Board meetings without reasonable
			 excuse.
					(F)CompensationMembers shall serve without compensation,
			 but shall be reimbursed in accordance with section 5703 of title 5, United
			 States Code, for reasonable travel costs and expenses incurred in performing
			 their duties as a member.
					(3)Administration
					(A)ChairThe
			 Board shall be chaired by a member selected by a majority of members
			 voting.
					(B)QuorumA simple majority of members shall
			 constitute a quorum, but a lesser number may hold hearings.
					(C)Executive
			 director
						(i)In
			 generalThe Board shall
			 employ an executive director.
						(ii)Salary
			 limitThe salary of an executive director employed under clause
			 (i) may not exceed the highest rate of basic pay established for the Senior
			 Executive Service under section 5382 of title 5, United States Code.
						(iii)QualificationsIn
			 order to be qualified to be employed as an executive director under clause (i),
			 an individual must have demonstrated experience in the marketing and promotion
			 of food products.
						(D)StaffAn
			 executive director employed by the Board under subparagraph (C), with the
			 approval of the Board, may select and employ such additional staff as the
			 executive director determines necessary.
					(E)Limitation on
			 administrative expensesNot
			 more than 5 percent of the funds distributed by the Council to the Board each
			 year may be used by the Board to pay its administrative expenses.
					(4)Seafood
			 marketing plans
					(A)In
			 generalNot later than
			 September 30 of each year, the Board shall submit to the Council a seafood
			 marketing plan that describes the consumer education, research, and other
			 marketing activities planned by the Board for the following year, including the
			 selection procedures and criteria the Board plans to use for the awarding of
			 grants.
					(B)PurposesThe
			 Board shall design a seafood marketing plan submitted under this paragraph for
			 the purposes of—
						(i)increasing
			 consumer demand for seafood;
						(ii)encouraging,
			 expanding, or improving the marketing and utilization of seafood; and
						(iii)improving
			 consumer education, research, and other marketing activities regarding
			 seafood.
						(C)Specific
			 marketing activities permittedThe Board may include in a seafood
			 marketing plan submitted under this paragraph marketing activities that
			 reference a particular brand or trade name.
					(D)Review;
			 approval; disapproval
						(i)ReviewNot
			 later than 30 days after the Board submits to the Council a seafood marketing
			 plan under this paragraph, the Council shall review the marketing plan and
			 approve or disapprove the plan in accordance with this subparagraph.
						(ii)ApprovalIf
			 the Council determines that the plan meets the requirements of this paragraph,
			 the Council shall approve the plan and make a grant to the Board in accordance
			 with section 3(c)(3)(A).
						(iii)DisapprovalIf the Council does not approve a plan
			 under clause (ii)—
							(I)the Council shall
			 provide to the Board the reasons for the disapproval; and
							(II)the Board shall
			 submit a revised plan not later than 30 days after the date of such
			 disapproval.
							(5)Grants to
			 organizations and individuals
					(A)In
			 generalThe Board shall make
			 grants to organizations and individuals, subject to such terms and conditions
			 as the Board may require and consistent with the purposes of this section and
			 the marketing plan approved by the Council.
					(B)Promotion of
			 partnershipsIn making grants
			 under this subsection, the Board shall promote cost-sharing partnerships with
			 non-Federal entities and may limit grant amounts to a portion of the estimated
			 cost of a project.
					(C)Matching
			 fundsIf the Board conditions
			 the making of a grant under this subsection on the availability of matching
			 funds, such matching funds may include funds from private sources, funds from
			 State or local governments, or the value of in-kind contributions.
					(D)Distribution
			 goalThe Board shall seek to distribute not less than 10 percent
			 of the funds it distributes under this subsection in a fiscal year through
			 grants to minority-owned businesses, veteran-owned businesses, and small
			 businesses.
					(6)RecordsThe Board shall maintain accounting records
			 of the receipt and disbursement of all funds of the Board, which shall be
			 subject to the review of the Council.
				(7)ReportNot
			 later than September 1 of each year, the Board shall submit to the Council a
			 report detailing the expenditures of the Board during the previous 12 months
			 and the results of such expenditures.
				(c)ReportNot
			 later than September 30 of each year, the Council shall submit to Congress a
			 report regarding the results of the operations of the Gulf of Mexico seafood
			 marketing program.
			(d)DefinitionsIn
			 this section, the following definitions apply:
				(1)BoardThe
			 term Board means the Gulf of Mexico Seafood Marketing Board
			 established by subsection (b)(1).
				(2)MemberThe
			 term member means a member of the Board.
				(3)Minority-owned
			 businessThe term minority-owned business means a
			 business—
					(A)not less than 51 percent of which is owned
			 by one or more socially and economically disadvantaged individuals or, in the
			 case of any publicly owned business, not less than 51 percent of the stock of
			 which is owned by one or more socially and economically disadvantaged
			 individuals; and
					(B)the management and daily business
			 operations of which are controlled by one or more socially and economically
			 disadvantaged individuals.
					(4)SeafoodThe term seafood means
			 farm-raised and wild-caught fish and shellfish harvested in the Gulf coast for
			 human consumption.
				(5)Small
			 businessThe term small business has the meaning
			 given the term small business concern in section 3 of the Small
			 Business Act (15 U.S.C. 632).
				(6)Socially and
			 economically disadvantaged individualThe term socially and economically
			 disadvantaged individual means an individual described as socially and
			 economically disadvantaged in section 8(a) of the Small Business Act (15 U.S.C.
			 637(a)).
				(7)VeteranThe term veteran has the
			 meaning given that term in section 101(2) of title 38, United States Code.
				(8)Veteran-owned
			 businessThe term
			 veteran-owned business means a business—
					(A)not less than 51
			 percent of which is owned by one or more veterans or, in the case of any
			 publicly owned business, not less than 51 percent of the stock of which is
			 owned by one or more veterans; and
					(B)the management and
			 daily business operations of which are controlled by one or more
			 veterans.
					8.Gulf of Mexico
			 clean energy program
			(a)EstablishmentThe Council shall establish a Gulf of
			 Mexico clean energy program to make grants to eligible entities for qualified
			 clean energy projects and qualified energy efficiency projects, in accordance
			 with this section.
			(b)ApplicationIn order to be eligible to receive a grant
			 under this section, an eligible entity shall submit to the Council an
			 application at such time, in such form, and containing such information as the
			 Council may require.
			(c)ReportAn
			 eligible entity receiving a grant under this section shall submit an annual
			 report to the Council containing such information as the Council may
			 require.
			(d)DefinitionsIn
			 this section, the following definitions apply:
				(1)Clean energy
			 projectThe term clean
			 energy project means any electricity generation, transmission, storage,
			 heating, cooling, industrial process, or manufacturing project the primary
			 purpose of which is the deployment, development, or production of an energy
			 system or technology that avoids, reduces, or sequesters air pollutants or
			 anthropogenic greenhouse gases, including projects based on the following
			 energy technologies:
					(A)Solar.
					(B)Wind.
					(C)Geothermal.
					(D)Biomass.
					(E)Hydropower.
					(F)Ocean.
					(G)Fuel cell.
					(H)Advanced
			 battery.
					(I)Carbon capture and
			 sequestration.
					(J)Next generation
			 biofuels.
					(2)Eligible
			 entityThe term eligible entity means a State or
			 local government, an individual, a nonprofit organization, or a private
			 business.
				(3)Energy
			 efficiency projectThe term energy efficiency
			 project means any project, technology, function, or measure that
			 results in the reduction of energy use required to achieve the same level of
			 service or output prior to the application of such project, technology,
			 function, or measure, or substantially reduces greenhouse gas emissions
			 relative to emissions that would have occurred prior to the application of such
			 project, technology, function, or measure.
				(4)Qualified clean
			 energy projectThe term qualified clean energy
			 project means a clean energy project that—
					(A)is carried out
			 within a Gulf State;
					(B)pays wages in
			 accordance with subchapter IV of chapter 31 of title 40, United States Code
			 (commonly known as the Davis-Bacon Act); and
					(C)satisfies any
			 other conditions established by the Council.
					(5)Qualified energy
			 efficiency projectThe term qualified energy efficiency
			 project means an energy efficiency project, including Smart Grid
			 technologies and functions characterized in section 1301 of the Energy
			 Independence and Security Act of 2007 (42 U.S.C. 17381) and end-use
			 technologies for efficiency gains in new construction and across existing
			 infrastructure, that—
					(A)is carried out
			 within a Gulf State;
					(B)pays wages in
			 accordance with subchapter IV of chapter 31 of title 40, United States Code
			 (commonly known as the Davis-Bacon Act); and
					(C)satisfies any
			 other conditions established by the Council.
					9.DefinitionsIn this Act, the following definitions
			 apply:
			(1)FundThe term Fund means the Gulf
			 of Mexico Economic and Environmental Recovery Fund established by section
			 3(a).
			(2)CouncilThe
			 term Council means the Gulf of Mexico Recovery Council established
			 by section 2(a).
			(3)Gulf
			 coastThe term Gulf coast means the coastal zones,
			 as determined pursuant to the Coastal Zone Management Act of 1972 (16 U.S.C.
			 1451 et seq.), of the States of Alabama, Florida, Louisiana, and Mississippi
			 and adjacent State waters and submerged lands of the Outer Continental Shelf in
			 the Gulf of Mexico.
			(4)Gulf
			 StatesThe term Gulf
			 States means the States of Alabama, Florida, Louisiana, and
			 Mississippi.
			(5)Gulf oil
			 spillThe term Gulf
			 oil spill means the oil spill in the Gulf of Mexico caused by the
			 mobile offshore drilling unit Deepwater Horizon that began on April 20,
			 2010.


116 HR 6769 IH: Supporting At-risk Veterans in an Emergency Act
U.S. House of Representatives
2020-05-08
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.

I116th CONGRESS2d SessionH. R. 6769IN THE HOUSE OF REPRESENTATIVESMay 8, 2020Mr. Ted Lieu of California introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to provide food to veterans under the grant and per diem grant programs of the Department of Veterans Affairs during certain public health emergencies.1.Short titleThis Act may be cited as the Supporting At-risk Veterans in an Emergency Act or the SAVE Act.2.General support(a)Use of fundsDuring a covered public health emergency, the Secretary of Veterans Affairs may use amounts appropriated or otherwise made available to the Department of Veterans Affairs to carry out sections 2011, 2012, and 2061 of title 38, United States Code, to provide food to homeless veterans.(b)Use of per diem paymentsDuring a covered public health emergency, a recipient of a grant or an eligible entity under the grant and per diem program of the Department (in this subsection referred to as the program) may use per diem payments under sections 2012 and 2061 of title 38, United States Code, to provide food and basic supplies for—(1)homeless veterans in the program; and(2)formerly homeless veterans in the community who experienced homelessness during the one-year period ending on the date of the enactment of this Act.(c)covered public health emergency definedIn this section, the term covered public health emergency means—(1)a public health emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or(2)an emergency with respect to COVID–19 declared by a Federal, State, or local authority.


113 S2951 IS: Veterans Dignified Burial Act
U.S. Senate
2014-11-20
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.

II113th CONGRESS2d SessionS. 2951IN THE SENATE OF THE UNITED STATESNovember 20, 2014Mr. Heller introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to ensure that the Secretary of Veterans Affairs is informed
			 of the interment of deceased veterans, and for other purposes.1.Short titleThis Act may be cited as the Veterans Dignified Burial Act.2.Information concerning scheduled interments of veterans(a)In generalChapter 24 of title 38, United States Code, is amended by adding at the end the following new
			 section:2415.Information concerning scheduled interments(a)Scheduled interment(1)At the same time that the Secretary confirms to a covered entity the veteran status of a deceased
			 veteran in the custody of the covered entity, the Secretary shall request
			 from the covered entity the specific date of the scheduled interment of
			 the deceased veteran.(2)During each 30-day period following the date of a
			 request made under paragraph (1) concerning a deceased veteran, the
			 Secretary shall repeat such request until the date on which
			 the covered entity confirms to the Secretary that the deceased veteran has
			 been interred.(b)Annual report(1)Not later than January 31 of each year, the Secretary shall submit to the Committee on Veterans’
			 Affairs of the Senate and the Committee on Veterans’
			 Affairs of the House of Representatives a report on
			 deceased veterans who were interred after the 30-day period following the
			 date on which the Secretary made a request under subsection (a).(2)Each report submitted under paragraph (1) shall include the following:(A)During the year prior to the year in which the report is submitted, the number of deceased veterans
			 who were not interred during the period described in paragraph (1),
			 including the covered entity
			 that had custody of each deceased veteran.(B)The number of such deceased veterans who, as of the date of the report, are not yet interred,
			 including the covered entity that has custody of each deceased veteran.(c)Covered entity definedIn this section, the term covered entity means a local medical examiner, funeral director, county service group, or other similar entity..(b)Clerical amendmentThe table of sections at the beginning of such chapter is amended by inserting after the item
			 relating to section 2414 the following new item:2415. Information concerning scheduled interments..


		IIB
		111th CONGRESS
		2d Session
		H. R. 3759
		IN THE SENATE OF THE UNITED
		  STATES

			January 20, 2010
			Received; read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		AN ACT
		To authorize the Secretary of the Interior
		  to grant market-related contract extensions of certain timber contracts between
		  the Secretary of the Interior and timber purchasers, and for other
		  purposes.

		1.Qualifying timber contract options
			(a)DefinitionsIn this section:
				(1)Qualifying contractThe term qualifying contract
			 means a contract that has not been terminated by the Bureau of Land Management
			 for the sale of timber on lands administered by the Bureau of Land Management
			 that meets all of the following criteria:
					(A)The contract was awarded during the period
			 beginning on January 1, 2005, and ending on December 31, 2008.
					(B)There is unharvested volume remaining for
			 the contract.
					(C)The contract is not a salvage sale.
					(D)The Secretary determined there is not an
			 urgent need to harvest under the contract due to deteriorating timber
			 conditions that developed after the award of the contract.
					(2)SecretaryThe term Secretary means the
			 Secretary of the Interior, acting through the Director of Bureau of Land
			 Management.
				(3)Timber purchaserThe term timber purchaser
			 means the party to the qualifying contract for the sale of timber from lands
			 administered by the Bureau of Land Management.
				(b)Market-related contract extension
			 optionUpon a timber
			 purchaser’s written request, the Secretary may make a one-time modification to
			 the qualifying contract to add 3 years to the contract expiration date if the
			 written request—
				(1)is received by the Secretary not later than
			 90 days after the date of enactment of this Act; and
				(2)contains a provision releasing the United
			 States from all liability, including further consideration or compensation,
			 resulting from the modification under this subsection of the term of a
			 qualifying contract.
				(c)ReportingNot later than 6 months after the date of
			 the enactment of this Act, the Secretary shall submit to Congress a report
			 detailing a plan and timeline to promulgate new regulations authorizing the
			 Bureau of Land Management to extend and renegotiate timber contracts due to
			 changes in market conditions.
			(d)RegulationsNot later than 2 years after the date of
			 the enactment of this Act, the Secretary shall promulgate new regulations
			 authorizing the Bureau of Land Management to extend and renegotiate timber
			 contracts due to changes in market conditions.
			(e)No surrender of claimsThis section shall not have the effect of
			 surrendering any claim by the United States against any timber purchaser that
			 arose under a timber sale contract, including a qualifying contract, before the
			 date on which the Secretary adjusts the contract term under subsection
			 (b).

			Passed the House of
			 Representatives January 19, 2010.
			Lorraine C. Miller,
			Clerk.


		II
		112th CONGRESS
		2d Session
		H. R. 6166
		IN THE SENATE OF THE UNITED
		  STATES

			December 20, 2012
			Received

		AN ACT
		To designate the United States courthouse
		  located at 333 West Broadway Street in San Diego, California, as the
		  James M. Carter and Judith N. Keep United States
		  Courthouse.

		1.DesignationThe United States courthouse located at 333
			 West Broadway Street in San Diego, California, shall be known and designated as
			 the James M. Carter and Judith N. Keep United States
			 Courthouse.
		2.ReferencesAny reference in a law, map, regulation,
			 document, paper, or other record of the United States to the United States
			 courthouse referred to in section 1 shall be deemed to be a reference to the
			 James M. Carter and Judith N. Keep United States
			 Courthouse.

			Passed the House of
			 Representatives December 19, 2012.
			Karen L. Haas,
			Clerk


116 S204 IS: Emergency Relief for Federal Workers Act of 2019
U.S. Senate
2019-01-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 204
		IN THE SENATE OF THE UNITED STATES

			January 24, 2019
			Mr. Kaine (for himself, Ms. Collins, Mr. Wyden, Mrs. Murray, Mr. Jones, Mr. Bennet, Ms. Cortez Masto, Ms. Stabenow, Mr. Van Hollen, Mr. Blumenthal, Mr. Carper, Ms. Warren, Ms. Duckworth, Mr. Coons, Mr. Sanders, Mr. Warner, Ms. Hassan, Mr. Menendez, Mr. Brown, Mrs. Shaheen, Ms. Hirono, Mr. Booker, Mr. Durbin, Ms. Smith, Mr. Heinrich, Mr. Schatz, Ms. Klobuchar, Mr. Portman, Mr. Udall, Mr. Manchin, and Mrs. Feinstein) 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 waive certain penalties for affected Federal
			 employees receiving a distribution from the Thrift Savings Plan during a
			 lapse in appropriations, and for other purposes.

 1.Short titleThis Act may be cited as the Emergency Relief for Federal Workers Act of 2019. 2.Waiver of 10-percent additional tax on certain financial hardship distributions from Thrift Savings Plan (a)In generalParagraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

					(H)Distributions to Federal employees affected by a qualified lapse in appropriations
 (i)In generalDistributions made from the Thrift Savings Plan under subchapter III of chapter 84 of title 5, United States Code, upon financial hardship of an individual who is a Federal employee and who is on furlough or who is working without pay due to a qualified lapse in appropriations, if such distributions are made during the period of such qualified lapse in appropriations (including distributions which are in process as of the end of such lapse).
 (ii)LimitationSubclause (i) shall apply to any distributions only to the extent the aggregate of such distributions does not exceed $30,000 with respect to any qualified lapse in appropriations.
 (iii)Qualified lapse in appropriationsFor purposes of this subparagraph, the term qualified lapse in appropriations means a period of continuous lapse in Federal appropriations (including a partial lapse) of at least 2 weeks.
 (iv)Other termsFor purposes of this subparagraph, the terms furlough and pay have the respective meanings given such terms by section 7511 of title 5, United States Code.. (b)Effective dateThe amendment made by this section shall apply to distributions made after December 21, 2018.
			3.Thrift Savings Plan provisions
 (a)In-Service withdrawalsSection 8433(h) of title 5, United States Code, is amended by adding at the end the following:  (6)(A)In this paragraph—
 (i)the term applicable date, with respect to a covered age-based withdrawal or covered hardship withdrawal made during a qualified lapse in appropriations, means the date that is 120 days after the last day of the qualified lapse in appropriations;
 (ii)the term covered age-based withdrawal means a withdrawal under paragraph (1)(A) made during the period of a qualified lapse in appropriations;
 (iii)the term covered hardship withdrawal means a withdrawal described in subparagraph (B); and (iv)the term qualified lapse in appropriations has the meaning given the term in section 72(t)(2)(H)(iii) of the Internal Revenue Code of 1986.
 (B)The Board shall permit an employee whose pay has been suspended due to a qualified lapse in appropriations to make a withdrawal based upon financial hardship under paragraph (1)(B) if—
 (i)the withdrawal is made during the period of such qualified lapse in appropriations (including withdrawals which are in process as of the end of such lapse); and
 (ii)the aggregate amount of any such withdrawals during the period described in clause (i) does not exceed $30,000.
 (C)The Board may not limit the number of covered hardship withdrawals that an employee may make during the period of a qualified lapse in appropriations, subject to the dollar limitation under subparagraph (B)(ii).
 (D)A covered hardship withdrawal made by an employee shall not affect the ability of the employee to contribute to the Thrift Savings Fund on and after the date on which the applicable qualified lapse in appropriations ends.
 (E)(i)An individual who makes 1 or more covered age-based withdrawals during the period of a qualified lapse in appropriations may, before the applicable date, contribute to the Thrift Savings Fund an amount not to exceed the lower of—
 (I)the aggregate amount of the withdrawals; or (II)$30,000.
 (ii)An individual who makes 1 or more covered hardship withdrawals during the period of a qualified lapse in appropriations may, before the applicable date, contribute to the Thrift Savings Fund an amount not to exceed the aggregate amount of the withdrawals.
 (iii)The dollar limitations otherwise applicable to employee contributions under this title or the Internal Revenue Code of 1986 shall not apply to any contribution made under this subparagraph. Any such contribution shall be disregarded for purposes of section 8432(d) of this title and section 415(c)(2) of such Code..
 (b)LoansSection 8433(g) of title 5, United States Code, is amended by adding at the end the following:  (5)The Board shall prescribe rules providing for the secure distribution of the proceeds of a loan under this subsection through an electronic funds transfer, if such a transfer is requested by the employee or Member receiving the loan.
 (6)The Board shall prescribe rules allowing loans to be made under this subsection to employees during a lapse in appropriations, without regard to the period of the lapse in appropriations.
 (7)(A)In this paragraph— (i)the term payment missed because of a shutdown means a payment—
 (I)on a loan under this subsection made to an employee whose pay has been suspended due to a qualified lapse in appropriations;
 (II)that is due during the qualified lapse in appropriations; and (III)that was not paid by the employee; and
 (ii)the term qualified lapse in appropriations has the meaning given the term in section 72(t)(2)(H)(iii) of the Internal Revenue Code of 1986.
 (B)The Board shall prescribe rules providing that the full amount due for any payments missed because of a shutdown by an employee shall be deducted and withheld from the pay provided to the employee for the period of the qualified lapse in appropriations..
			4.Missed loan payments not to be treated as taxable distribution during a qualified lapse in
			 appropriations
 (a)In generalParagraph (2) of section 72(p) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

 (E)Special rule for missed loan repayment during a qualified lapse in appropriationsSubparagraph (A) shall not fail to apply to any loan from the Thrift Savings Plan under subchapter III of chapter 84 of title 5, United States Code, solely because there is a payment missed because of a shutdown (as defined in section 8433(g)(7)(A) of title 5, United States Code) with respect to such loan, and such loan (or any portion of such loan) shall not be treated as a taxable distribution solely because of such missed payment..
 (b)Effective dateThe amendment made by this section shall apply to missed loan payments the due date for which is after December 21, 2018.