117 HR 2295 IH: HIV Epidemic Loan-Repayment Program Act of 2021
U.S. House of Representatives
2021-04-01
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.

I117th CONGRESS1st SessionH. R. 2295IN THE HOUSE OF REPRESENTATIVESApril 1, 2021Ms. Blunt Rochester (for herself, Ms. Lee of California, Ms. Kelly of Illinois, Ms. Williams of Georgia, and Mrs. Hayes) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title VII of the Public Health Service Act to provide for a loan repayment program for the HIV clinical and dental workforce, and for other purposes.1.Short titleThis Act may be cited as the HIV Epidemic Loan-Repayment Program Act of 2021 or the HELP Act of 2021.2.Loan repayment program for HIV clinical and dental workforcePart C of title VII of the Public Health Service Act (42 U.S.C. 293k et seq.) is amended by adding at the end the following:IIILoan Repayment Program for HIV Clinical and Dental Workforce749C.Loan repayment program for HIV clinical and dental workforce(a)In generalThe Secretary, acting through the Administrator of the Health Resources and Services Administration, shall carry out a program under which—(1)the Secretary enters into agreements with physicians, advanced practice registered nurses, physician assistants, clinical pharmacists, and dentists to make payments in accordance with subsection (b) on the principal of and interest on any eligible loan; and(2)the individuals each agree to the requirements of service in HIV treatment or HIV dental care employment, as described in subsection (d).(b)PaymentsFor each year of obligated service by an individual pursuant to an agreement under subsection (a), the Secretary shall make a payment to such individual as follows:(1)Service in a shortage areaThe Secretary shall pay—(A)for each year of obligated service by an individual pursuant to an agreement under subsection (a), 1/5 of the principal of and interest on each eligible loan of the individual which is outstanding on the date the individual began service pursuant to the agreement; and(B)for completion of the fifth and final year of such service, the remainder of such principal and interest.(2)Maximum amountThe total amount of payments under this section to any individual shall not exceed $250,000.(c)Eligible loansThe loans eligible for repayment under this section are each of the following:(1)Any loan for education or training for HIV treatment employment.(2)Any loan under part E of title VIII (relating to nursing student loans).(3)Any Federal Direct Stafford Loan, Federal Direct PLUS Loan, Federal Direct Unsubsidized Stafford Loan, or Federal Direct Consolidation Loan (as such terms are used in section 455 of the Higher Education Act of 1965).(4)Any Federal Perkins Loan under part E of title I of the Higher Education Act of 1965.(5)Any other Federal loan as determined appropriate by the Secretary.(d)Requirements of serviceAny individual receiving payments under the program under this section as required by an agreement under subsection (a) shall agree to an annual commitment to full-time employment, with no more than 1 year passing between any 2 years of HIV treatment employment in the United States in a service area that is—(1)a health professional shortage area, as designated under section 332;(2)a clinical site awarded a grant or other assistance under title XXVI for the provision of clinical or dental services; or(3)an area that meets criteria specified pursuant to subsection (f).(e)Waivers for half-Time service(1)In generalThe Secretary may issue waivers to individuals who have entered into a contract for obligated service under this section under which the individuals are authorized to satisfy the requirement of obligated service through providing service that is half time.(2)Applicable provisionsThe provisions of subparts II and III of part D of title III respecting waivers under section 331(i) and half-time service pursuant to such waivers shall apply to waivers and half-time service under this section to the same extent and in the same manner as such provisions apply with respect to the National Health Service Corps Loan Repayment Program.(f)Criteria for additional service areasNot later than 180 days after the date of the enactment of this section, the Secretary, acting through the Administrator of the Health Resources and Services Administration, shall establish criteria for additional service areas for purposes of the requirement under subsection (d). (g)Ineligibility for double benefitsNo borrower may, for the same service, receive a reduction of loan obligations or a loan repayment under both—(1)this section; and(2)any federally supported loan forgiveness program, including under section 338B, 338I, or 846 of this Act, or section 428J, 428L, 455(m), or 460 of the Higher Education Act of 1965.(h)Breach(1)Liquidated damages formulaThe Secretary may establish a liquidated damages formula to be used in the event of a breach of an agreement entered into under subsection (a).(2)LimitationThe failure by an individual to complete the full period of service obligated pursuant to such an agreement, taken alone, shall not constitute a breach of the agreement, so long as the individual completed in good faith the years of service for which payments were made to the individual under this section.(i)Additional criteriaThe Secretary—(1)may establish such criteria and rules to carry out this section as the Secretary determines are needed and in addition to the criteria and rules specified in this section; and(2)shall give notice to the committees specified in subsection (j) of any criteria and rules so established.(j)Report to congressNot later than 5 years after the date of the enactment of this section, and every other year thereafter, the Secretary shall prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on—(1)the number, provider type, and location of borrowers who have qualified for loan repayments under this section; and(2)the impact of this section on the availability of HIV clinical care and treatment or HIV dental care nationally, in shortage areas, and in States, counties, and other jurisdictions targeted by the Federal End the HIV Epidemic Initiative. (k)DefinitionIn this section:(1)The term HIV means the human immunodeficiency virus. (2)The term HIV treatment employment means employment (including a fellowship)—(A)as a physician, physician assistant, advanced practice registered nurse, clinical pharmacist, dentist, or other relevant practitioner licensed or certified in accordance with applicable State and Federal law, where the primary intent and function of the position is the direct treatment and care of persons living with HIV; and(B)which is located at an HIV treatment program, which could be affiliated with a private practice, community health center, telehealth platform, migrant health center, academic medical center, hospital, rural health program, health program or facility operated by an Indian tribe or tribal organization, Federal medical facility, or any other facility as determined appropriate for purposes of this section by the Secretary.(3)The terms Indian tribe and tribal organization have the meanings given those terms in section 4 of the Indian Self-Determination and Education Assistance Act.(4)The term jurisdiction means a city, town, county, or other public body created by or pursuant to State law, or an Indian tribe.(l)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2022 through 2027..


		II
		110th CONGRESS
		1st Session
		S. 393
		IN THE SENATE OF THE UNITED STATES

			January 25, 2007
			Mr. Harkin introduced
			 the following bill; which was read twice and referred to the
			 Committee on the
			 Judiciary

		A BILL
		To transfer unspent funds for grants by the Office of
		  Community Oriented Policing Services, the Office of Justice Programs, and the
		  Office on Violence Against Women to the Edward Byrne Memorial Justice
		  Assistance Grant Program.

		1.Short
			 titleThis Act may be cited as
			 the Emergency Local Law Enforcement
			 Byrne Assistance Act of 2007.
		2.FindingsCongress finds the following:
			(1)A report by the
			 Inspector General of the Department of Justice documents that the Office of
			 Justice Programs, the Office of Community Oriented Policing Services, and the
			 Office on Violence Against Women of the Department of Justice have failed to
			 close out and deobligate over $160,000,000 in expired grant funds and that
			 these funds have not been redirected to other programs or returned to the
			 Treasury.
			(2)Between fiscal
			 year 2003 and fiscal year 2006, funding for the formula grant program of the
			 Edward Byrne Memorial Justice Assistance Grant Program under subpart 1 of part
			 E of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
			 seq.) has been reduced by over 50 percent, from $900,000,000 to
			 $416,000,000.
			(3)According to the
			 Federal Bureau of Investigation Uniform Crime Reports, violent crime in the
			 United States increased 2.5 percent in 2005, and an additional 3.7 percent in
			 the first half of 2006. In the Midwest, which continues to struggle with a
			 methamphetamine epidemic, violent crime increased 5.7 percent between 2004 and
			 2005.
			3.Unspent
			 grants
			(a)In
			 generalAll amounts described in subsection (b) shall be
			 transferred for use for grants under the formula grant program of the Edward
			 Byrne Memorial Justice Assistance Grant Program under subpart 1 of part E of
			 the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et
			 seq.), to remain available until expended.
			(b)Amounts
			 coveredThe amounts described in this subsection are any
			 unexpended amounts for—
				(1)any covered grant
			 administered by the Office of Community Oriented Policing Services;
				(2)any covered grant
			 administered by the Office of Justice Programs; and
				(3)any covered grant
			 administered by the Office on Violence Against Women for which the grant
			 expired not less than 2 years before the date of enactment of this Act.
				(c)DefinitionIn
			 this section, the term covered grant means a grant—
				(1)that has expired
			 but has not been closed out; or
				(2)(A)that has expired and
			 been closed out; and
					(B)the remaining funds of which have not
			 been deobligated.


		II
		112th CONGRESS
		1st Session
		S. 778
		IN THE SENATE OF THE UNITED STATES

			April 8, 2011
			Mr. Moran introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title XVIII of the Social Security Act with
		  respect to physician supervision of therapeutic hospital outpatient
		  services.

		1.Short titleThis Act may be cited as the
			 Protecting Access to Rural Therapy
			 Services (PARTS) Act.
		2.Requirements for
			 physician supervision of therapeutic hospital outpatient services
			(a)Therapeutic
			 hospital outpatient services
				(1)Supervision
			 requirementsSection 1833 of the Social Security Act (42 U.S.C.
			 1395l) is amended by adding at the end the following new subsection:

						(z)Physician
				supervision requirements for therapeutic hospital outpatient services
							(1)General
				supervision for therapeutic servicesExcept as may be provided
				under paragraph (2), insofar as the Secretary requires the supervision by a
				physician or a non-physician practitioner for payment for therapeutic hospital
				outpatient services (as defined in paragraph (5)(A)) furnished under this part,
				such requirement shall be met if such services are furnished under the general
				supervision (as defined in paragraph (5)(B)) of the physician or non-physician
				practitioner, as the case may be.
							(2)Exceptions
				process for high-risk or complex medical services requiring a direct level of
				supervision
								(A)In
				generalSubject to the succeeding provisions of this paragraph,
				the Secretary shall establish a process for the designation of therapeutic
				hospital outpatient services furnished under this part that, by reason of
				complexity or high risk, require—
									(i)direct
				supervision (as defined in paragraph (5)(C)) for the entire service; or
									(ii)direct
				supervision during the initiation of the service followed by general
				supervision for the remainder of the service.
									(B)Consultation
				with clinical experts
									(i)In
				generalUnder the process established under subparagraph (A),
				before the designation of any therapeutic hospital outpatient service for which
				direct supervision may be required under this part, the Secretary shall consult
				with a panel of outside experts described in clause (ii) to advise the
				Secretary with respect to each such designation.
									(ii)Advisory panel
				on supervision of therapeutic hospital outpatient services comprised of
				physicians and non-physician practitioners serving rural and other
				areasFor purposes of clause (i), a panel of outside experts
				described in this clause is a panel appointed by the Secretary, based on
				nominations submitted by hospital, rural health, and medical organizations
				representing physicians or non-physician practitioners, as the case may be,
				that meets the following requirements:
										(I)CompositionThe
				panel shall be composed of at least 15 physicians and non-physician
				practitioners who furnish therapeutic hospital outpatient services for which
				payment is made under this part and who collectively represent the medical
				specialties that furnish such services.
										(II)Practical
				experienceDuring the 12-month period preceding appointment to
				the panel by the Secretary, each physician or non-physician practitioner
				described in subclause (I) shall have furnished therapeutic hospital outpatient
				services for which payment was made under this part.
										(III)Minimum rural
				representation requirementNot less than 50 percent of the membership
				of the panel shall be physicians or non-physician practitioners described in
				subclause (I) who practice in rural areas (as defined in section 1886(d)(2)(D))
				or who furnish such services in critical access hospitals.
										(iii)Application
				of FACAThe Federal Advisory Committee Act (5 U.S.C. 2 App.),
				other than section 14 of such Act, shall apply to the panel of outside experts
				appointed by the Secretary under clause (ii).
									(C)Special rule for
				outpatient critical access hospital servicesInsofar as a
				therapeutic outpatient hospital service that is an outpatient critical access
				hospital service is designated as requiring direct supervision under the
				process established under subparagraph (A), the Secretary shall deem the
				critical access hospital furnishing that service as having met the requirement
				for direct supervision for that service if, when furnishing such service, the
				critical access hospital meets the standard for personnel required as a
				condition of participation under section 485.618(d) of title 42, Code of
				Federal Regulations (as in effect on the date of the enactment of this
				subsection).
								(D)Consideration of
				compliance burdensUnder the process established under
				subparagraph (A), the Secretary shall take into account the impact on hospitals
				and critical access hospitals in complying with requirements for direct
				supervision in the furnishing of therapeutic hospital outpatient services,
				including hospital resources, availability of hospital-privileged physicians,
				specialty physicians, and non-physician practitioners, and administrative
				burdens.
								(E)Requirement for
				notice and comment rulemakingUnder the process established under
				subparagraph (A), the Secretary shall only designate therapeutic hospital
				outpatient services requiring direct supervision under this part through
				proposed and final rulemaking that provides for public notice and opportunity
				for comment.
								(F)Rule of
				constructionNothing in this subsection shall be construed as
				authorizing the Secretary to apply or require any level of supervision other
				than general or direct supervision with respect to the furnishing of
				therapeutic hospital outpatient services.
								(3)Initial list of
				designated servicesThe Secretary shall include in the proposed
				and final regulation for payment for hospital outpatient services for 2012
				under this part a list of initial therapeutic hospital outpatient services, if
				any, designated under the process established under paragraph (2)(A) as
				requiring direct supervision under this part.
							(4)Direct
				supervision by non-physician practitioners for certain hospital outpatient
				services permitted
								(A)In
				generalSubject to the succeeding provisions of this subsection,
				a non-physician practitioner may directly supervise the furnishing of—
									(i)therapeutic
				hospital outpatient services under this part, including cardiac rehabilitation
				services (under section 1861(eee)(1)), intensive cardiac rehabilitation
				services (under section 1861(eee)(4)), and pulmonary rehabilitation services
				(under section 1861(fff)(1)); and
									(ii)those hospital
				outpatient diagnostic services (described in section 1861(s)(2)(C)) that
				require direct supervision under the fee schedule established under section
				1848.
									(B)RequirementsSubparagraph
				(A) shall apply insofar as the non-physician practitioner involved meets the
				following requirements:
									(i)Scope of
				practiceThe non-physician practitioner is acting within the
				scope of practice under State law applicable to the practitioner.
									(ii)Additional
				requirementsThe non-physician practitioner meets such
				requirements as the Secretary may specify.
									(5)DefinitionsIn
				this subsection:
								(A)Therapeutic
				hospital outpatient servicesThe term therapeutic hospital
				outpatient services means hospital services described in section
				1861(s)(2)(B) furnished by a hospital or critical access hospital and
				includes—
									(i)cardiac
				rehabilitation services and intensive cardiac rehabilitation services (as
				defined in paragraphs (1) and (4), respectively, of section 1861(eee));
				and
									(ii)pulmonary
				rehabilitation services (as defined in section 1861(fff)(1)).
									(B)General
				supervision
									(i)Overall
				direction and control of physicianSubject to clause (ii), with
				respect to the furnishing of therapeutic hospital outpatient services for which
				payment may be made under this part, the term general supervision
				means such services that are furnished under the overall direction and control
				of a physician or non-physician practitioner, as the case may be.
									(ii)Presence not
				requiredFor purposes of clause (i), the presence of a physician
				or non-physician practitioner is not required during the performance of the
				procedure involved.
									(C)Direct
				supervision
									(i)Provision of
				assistance and directionSubject to clause (ii), with respect to
				the furnishing of therapeutic hospital outpatient services for which payment
				may be made under this part, the term direct supervision means
				that a physician or non-physician practitioner, as the case may be, is
				immediately available (including by telephone or other means) to furnish
				assistance and direction throughout the furnishing of such services, whether
				such services are furnished in the hospital, in an on-campus department of the
				hospital, or an off-campus provider-based department of the hospital. Such term
				includes, with respect to the furnishing of a therapeutic hospital outpatient
				service for which payment may be made under this part, direct supervision
				during the initiation of the service followed by general supervision for the
				remainder of the service (as described in paragraph (2)(A)(ii)).
									(ii)Presence in
				room not requiredFor purposes of clause (i), a physician or
				non-physician practitioner, as the case may be, is not required to be present
				in the room during the performance of the procedure involved.
									(D)Non-physician
				practitioner definedThe term non-physician
				practitioner means an individual who—
									(i)is
				a physician assistant, a nurse practitioner, a clinical nurse specialist, a
				clinical social worker, a clinical psychologist, a certified nurse midwife, or
				a certified registered nurse anesthetist, and includes such other practitioners
				as the Secretary may specify; and
									(ii)with respect to
				the furnishing of therapeutic outpatient hospital services, meets the
				requirements of paragraph
				(4)(B).
									.
				(2)Conforming
			 amendmentSection 1861(eee)(2)(B) of the Social Security Act (42
			 U.S.C. 1395x(eee)(2)(B)) is amended by inserting , and a non-physician
			 practitioner (as defined in section 1833(z)(5)(D)) may supervise the furnishing
			 of such items and services in the hospital after in the case of
			 items and services furnished under such a program in a hospital, such
			 availability shall be presumed.
				(b)Prohibition on
			 retroactive enforcement of revised interpretation
				(1)Repeal of
			 regulatory clarificationThe restatement and clarification under
			 the final rulemaking changes to the Medicare hospital outpatient prospective
			 payment system and calendar year 2009 payment rates (published in the Federal
			 Register on November 18, 2008, 73 Fed. Reg. 68702 through 68704) with respect
			 to requirements for direct supervision by physicians for therapeutic hospital
			 outpatient services (as defined in paragraph (3)) for purposes of payment for
			 such services under the Medicare program shall have no force or effect in
			 law.
				(2)Hold
			 harmlessA hospital or
			 critical access hospital that furnishes therapeutic hospital outpatient
			 services during the period beginning on January 1, 2001, and ending on the
			 later of December 31, 2012, or the date on which the final regulation
			 promulgated by the Secretary of Health and Human Services to carry out this Act
			 takes effect, for which a claim for payment is made under part B of title XVIII
			 of the Social Security Act shall not be subject to any civil or criminal action
			 or penalty under Federal law for failure to meet supervision requirements under
			 the regulation described in paragraph (1), under program manuals, or
			 otherwise.
				(3)Therapeutic
			 hospital outpatient services definedIn this subsection, the term
			 therapeutic hospital outpatient services means medical and other
			 health services furnished by a hospital or critical access hospital that
			 are—
					(A)hospital services
			 described in subsection (s)(2)(B) of section 1861 of the Social Security Act
			 (42 U.S.C. 1395x);
					(B)cardiac
			 rehabilitation services or intensive cardiac rehabilitation services (as
			 defined in paragraphs (1) and (4), respectively, of subsection (eee) of such
			 section); or
					(C)pulmonary
			 rehabilitation services (as defined in subsection (fff)(1) of such
			 section).


116 S5032 IS: Bankruptcy Venue Reform Act of 2020
U.S. Senate
2020-12-16
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.

II116th CONGRESS2d SessionS. 5032IN THE SENATE OF THE UNITED STATESDecember 16, 2020Mr. Cornyn (for himself and Ms. Warren) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo amend title 28, United States Code, to modify venue requirements relating to bankruptcy proceedings.1.Short titleThis Act may be cited as the Bankruptcy Venue Reform Act of 2020.2.Findings and purpose(a)FindingsCongress finds that—(1)bankruptcy law provides a number of venue options for filing bankruptcy under chapter 11 of title 11, United States Code, including, with respect to the entity filing bankruptcy—(A)any district in which the place of incorporation of the entity is located;(B)any district in which the principal place of business or principal assets of the entity are located; and(C)any district in which an affiliate of the entity has filed a pending case under title 11, United States Code;(2)the wide range of permissible bankruptcy venue options has led to an increase in companies filing for bankruptcy outside of their home States—the district in which the principal place of business or principal assets of the company is located;(3)the practice described in paragraph (2) is known as forum shopping;(4)forum shopping has resulted in a concentration of bankruptcy cases in a limited number of districts;(5)forum shopping—(A)prevents small businesses, employees, retirees, creditors, and other important stakeholders from fully participating in bankruptcy cases that have tremendous impacts on their lives, communities, and local economies; and(B)deprives district courts of the United States of the opportunity to contribute to the development of bankruptcy law in the jurisdictions of those district courts; and(6)reducing forum shopping in the bankruptcy system will strengthen the integrity of, and build public confidence and ensure fairness in, the bankruptcy system.(b)PurposeThe purpose of this Act is to prevent the practice of forum shopping in cases filed under chapter 11 of title 11, United States Code.3.Venue of cases under title 11Title 28, United States Code, is amended—(1)by striking section 1408 and inserting the following:1408.Venue of cases under title 11(a)Principal place of business with respect to certain entities(1)In generalExcept as provided in paragraph (2), for the purposes of this section, if an entity is subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m, 78o(d)), the term principal place of business, with respect to the entity, means the address of the principal executive office of the entity as stated in the last annual report filed under that Act before the commencement of a case under title 11 of which the entity is the subject.(2)ExceptionWith respect to an entity described in paragraph (1), the definition of the principal place of business under that paragraph shall apply for purposes of this section unless another address is shown to be the principal place of business of the entity by clear and convincing evidence.(b)VenueExcept as provided in section 1410, a case under title 11 may be commenced only in the district court for the district—(1)in which the domicile, residence, or principal assets in the United States of an individual who is the subject of the case have been located—(A)for the 180 days immediately preceding such commencement; or(B)for a longer portion of the 180-day period immediately preceding such commencement than the domicile, residence, or principal assets in the United States of the individual were located in any other district;(2)in which the principal place of business or principal assets in the United States of an entity, other than an individual, that is the subject of the case have been located—(A)for the 180 days immediately preceding such commencement; or(B)for a longer portion of the 180-day period immediately preceding such commencement than the principal place of business or principal assets in the United States of the entity were located in any other district; or(3)in which there is pending a case under title 11 concerning an affiliate that directly or indirectly owns, controls, or holds 50 percent or more of the outstanding voting securities of, or is the general partner of, the entity that is the subject of the later filed case, but only if the pending case was properly filed in that district in accordance with this section.(c)Limitations(1)In generalFor the purposes of paragraphs (2) and (3) of subsection (b), no effect shall be given to a change in the ownership or control of an entity that is the subject of the case, or of an affiliate of the entity, or to a transfer of the principal place of business or principal assets in the United States of an entity that is the subject of the case, or of an affiliate of the person entity, to another district, that takes place—(A)within 1 year before the date on which the case is commenced; or(B)for the purpose of establishing venue.(2)Principal assets(A)Principal assets of an entity other than an individualFor the purposes of subsection (b)(2) and paragraph (1) of this subsection—(i)the term principal assets does not include cash or cash equivalents; and(ii)any equity interest in an affiliate is located in the district in which the holder of the equity interest has its principal place of business in the United States, as determined in accordance with subsection (b)(2).(B)Equity interests of individualsFor the purposes of subsection (b)(1), if the holder of any equity interest in an affiliate is an individual, the equity interest is located in the district in which the domicile or residence in the United States of the holder of the equity interest is located, as determined in accordance with subsection (b)(1).(d)BurdenOn any objection to, or request to change, venue under paragraph (2) or (3) of subsection (b) of a case under title 11, the entity that commences the case shall bear the burden of establishing by clear and convincing evidence that venue is proper under this section.(e)Out-of-State admission for government attorneysThe Supreme Court shall prescribe rules, in accordance with section 2075, for cases or proceedings arising under title 11, or arising in or related to cases under title 11, to allow any attorney representing a governmental unit to be permitted to appear on behalf of the governmental unit and intervene without charge, and without meeting any requirement under any local court rule relating to attorney appearances or the use of local counsel, before any bankruptcy court, district court, or bankruptcy appellate panel.; and (2)by striking section 1412 and inserting the following:1412.Change of venue(a)In generalNotwithstanding that a case or proceeding under title 11, or arising in or related to a case under title 11, is filed in the correct division or district, a district court may transfer the case or proceeding to a district court for another district or division—(1)in the interest of justice; or(2)for the convenience of the parties.(b)Incorrectly filed cases or proceedingsIf a case or proceeding under title 11, or arising in or related to a case under title 11, is filed in a division or district that is improper under section 1408(b), the district court shall—(1)immediately dismiss the case or proceeding; or(2)if it is in the interest of justice, immediately transfer the case or proceeding to any district court for any district or division in which the case or proceeding could have been brought.(c)Objections and requests relating to changes in venueNot later than 14 days after the filing of an objection to, or a request to change, venue of a case or proceeding under title 11, or arising in or related to a case under title 11, the court shall enter an order granting or denying the objection or request..


115 S357 IS: Santa Ana River Wash Plan Land Exchange Act
U.S. Senate
2017-02-13
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 357IN THE SENATE OF THE UNITED STATESFebruary 13, 2017Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo direct the Secretary of the Interior to convey certain public lands in San Bernardino County,
			 California, to the San Bernardino Valley Water Conservation District, and
			 to accept in return certain exchanged non-public lands, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Santa Ana River Wash Plan Land Exchange Act. 2.DefinitionsIn this Act:
 (1)Conservation districtThe term conservation district means the San Bernardino Valley Water Conservation District, a political subdivision of the State of California.
 (2)Exchange landThe term Exchange Land means the approximately 310 acres of land owned by the Conservation District generally depicted as SBVWCD to BLM on the Map. (3)MapThe term Map means the map titled Santa Ana River Wash Land Exchange and dated September 03, 2015.
 (4)Non-public exchange parcelThe term non-public exchange parcel means the approximately 59 acres of land owned by the Conservation District generally depicted as SBVWCD Equalization Land on the Map and is to be conveyed to the United States if necessary to equalize the fair market values of the lands otherwise to be exchanged.
 (5)Public exchange parcelThe term public exchange parcel means the approximately 90 acres of Federal land administered by the Bureau of Land Management generally depicted as BLM Equalization Land to SBVWCD on the Map and is to be conveyed to the Conservation District if necessary to equalize the fair market values of the lands otherwise to be exchanged.
 (6)Public landThe term public land means the approximately 327 acres of Federal land administered by the Bureau of Land Management generally depicted as BLM Land to SBVWCD on the Map.
 (7)SecretaryThe term Secretary means the Secretary of the Interior. 3.Exchange of land; equalization of value (a)Exchange authorizedNotwithstanding the land use planning requirements of sections 202, 210, and 211 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1720–21), subject to valid existing rights, and conditioned upon any equalization payment necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), and subsection (b) of this Act, as soon as practicable, but not later than 2 years after the date of enactment of this Act, the Secretary shall—
 (1)quitclaim to the conservation district all right, title, and interest of the United States in and to the public land, and any such portion of the public exchange parcel as may be required to equalize the values of the lands exchanged; and
 (2)accept from the conservation district a conveyance of all right, title, and interest of the conservation district in and to the exchange land, and any such portion of the non-public exchange parcel as may be required to equalize the values of the lands exchanged.
 (b)Equalization paymentTo the extent an equalization payment is necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), the amount of such equalization payment shall first be made by way of in-kind transfer of such portion of the public exchange parcel to the conservation district, or transfer of such portion of the non-public exchange parcel to the United States, as the case may be, as may be necessary to equalize the fair market values of the exchanged properties, as such values are indicated by the appraisal provided for under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). Such appraisal shall include an appraisal of the public exchange parcel and the non-public exchange parcel. The fair market value of the public exchange parcel or non-public exchange parcel, as the case may be, shall be credited against any required equalization payment. To the extent such credit is not sufficient to offset the entire amount of equalization payment so indicated, any remaining amount of equalization payment shall be treated as follows:
 (1)If the equalization payment is to equalize values by which the public land exceeds the exchange land and the credited value of the non-public exchange parcel, conservation district may make the equalization payment to the United States, notwithstanding any limitation regarding the amount of the equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). In the event conservation district opts not to make the indicated equalization payment, the exchange shall not proceed.
 (2)If the equalization payment is to equalize values by which the exchange land exceeds the public land and the credited value of the public exchange parcel, the Secretary shall order the exchange without requirement of any additional equalization payment by the United States to the conservation district.
 (c)Map and legal descriptionsAs soon as practicable after the date of the enactment of this Act, the Secretary shall finalize a map and legal descriptions of all land to be conveyed under this Act. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.
 (d)Costs of conveyanceAs a condition of conveyance, any costs related to the conveyance under this section shall be paid by the conservation district.
			4.Applicable law
			(a)Act of February 20, 1909
 (1)The Act of February 20, 1909 (35 Stat. 641), shall not apply to the public land and any public exchange land transferred under this Act.
 (2)The exchange of lands under this section shall be subject to continuing rights of the conservation district under the Act of February 20, 1909 (35 Stat. 641), on the exchange land and any exchanged portion of the non-public exchange parcel for the continued use, maintenance, operation, construction, or relocation of, or expansion of, groundwater recharge facilities on the exchange land, to accommodate groundwater recharge of the Bunker Hill Basin to the extent that such activities are not in conflict with any Habitat Conservation Plan or Habitat Management Plan under which such exchange land or non-public exchange parcel may be held or managed.
 (b)FLPMAExcept as otherwise provided in this Act, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall apply to the exchange of land under this Act.
 5.Cancellation of secretarial order 241Secretarial Order 241, dated November 11, 1929 (withdrawing a portion of the public land for an unconstructed transmission line), is terminated and the withdrawal thereby effected is revoked.


		IV
		111th CONGRESS
		1st Session
		H. RES. 865
		IN THE HOUSE OF REPRESENTATIVES

			October 23, 2009
			Mr. Kucinich (for
			 himself and Mr. Filner) submitted the
			 following resolution; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Foreign Affairs, 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

		RESOLUTION
		Expressing the sense of the House of
		  Representatives that the United States should adopt a target of 350 parts per
		  million of atmospheric carbon dioxide by which to evaluate domestic and
		  international climate change policies, and for other purposes.

		Whereas the current concentration of carbon dioxide in the
			 atmosphere is approximately 390 parts per million;
		Whereas the effects of climate change are already being
			 felt around the world in the form of extreme weather, encroaching disease,
			 water shortages, acidifying oceans, species loss, and increasing atmospheric
			 temperatures;
		Whereas the scientific consensus is that climate change is
			 caused by increases in concentrations of carbon dioxide and other greenhouse
			 gases in the atmosphere from human activity;
		Whereas the atmospheric concentration of carbon dioxide
			 before the industrial revolution was 275 parts per million;
		Whereas a scientifically derived target concentration of
			 carbon dioxide in the atmosphere provides predictability, accountability, and
			 consistency;
		Whereas it may be impossible to know when a tipping point
			 will pass until it has already passed;
		Whereas ecological changes which could contribute to or
			 constitute tipping points include the amount of reflective surface area on the
			 Earth now provided primarily by ice and snow; the release of gigatons of
			 methane deposits, which have well over 15 times the warming capacity of carbon
			 dioxide, in permafrost or at the bottom of the ocean; and the growing
			 acidification of the ocean and loss of forest cover due to deforestation and
			 forest fires, which is hindering their ability to continue to absorb
			 atmospheric carbon dioxide; and
		Whereas prominent earth scientists such as James Hansen of
			 NASA’s Goddard Institute for Space Studies and Intergovernmental Panel on
			 Climate Change Chair and Nobel Laureate Rajendra Pachauri, as well as global
			 leaders and Nobel Laureates such as Al Gore and Archbishop Desmond Tutu support
			 a target concentration of 350 parts per million of atmospheric carbon dioxide:
			 Now, therefore, be it

		That it is the sense of the House of
			 Representatives that—
			(1)the United States should adopt a target of
			 350 parts per million of atmospheric carbon dioxide by which to evaluate
			 domestic and international climate change policies; and
			(2)the United States
			 should develop domestic and international policies that are sufficiently
			 flexible to accommodate advancing science in the event that a change in the
			 target of 350 parts per million of atmospheric carbon dioxide becomes
			 warranted.


		II
		112th CONGRESS
		2d Session
		S. 2185
		IN THE SENATE OF THE UNITED STATES

			March 12, 2012
			Mr. Graham (for himself
			 and Mr. Thune) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To authorize the Secretary of Health and Human Services,
		  acting through the Administrator of the Health Resources and Services
		  Administration, to award grants on a competitive basis to public and private
		  entities to provide qualified sexual risk avoidance education to youth and
		  their parents.

		1.Short titleThis Act may be cited as the
			 Abstinence Education Reallocation Act
			 of 2012.
		2.Sexual risk
			 avoidance education
			(a)GrantsThe Secretary of Health and Human Services,
			 acting through the Administrator of the Health Resources and Services
			 Administration, may award grants on a competitive basis to public and private
			 entities to provide qualified sexual risk avoidance education to youth and
			 their parents.
			(b)Qualified sexual
			 risk avoidance educationTo qualify for funding under subsection
			 (a), sexual risk avoidance education shall meet each of the following
			 criterion:
				(1)The education
			 shall be age appropriate.
				(2)The education
			 shall be medically accurate.
				(3)The education
			 shall be carried out through an evidence-based approach.
				(4)The education shall have as its sole
			 purpose teaching of the skills and benefits of sexual abstinence as the optimal
			 sexual health behavior for youth.
				(5)The education
			 shall include, consistent with paragraphs (1) through (4), teaching of each of
			 the following:
					(A)The holistic
			 health, economic, and societal benefits that can be gained by refraining from
			 nonmarital sexual activity, through teaching practical skills that promote
			 self-regulation, goal setting, and a focus on the future.
					(B)The clear
			 advantage of reserving human sexual activity for marriage, as a key
			 contributing factor in the prevention of poverty and the preservation of
			 physical and emotional health, based on social science research.
					(C)The foundational
			 components of a healthy relationship and related research regarding the
			 individual, economic, and societal advantages of bearing children within the
			 context of a committed marital relationship in order to form healthy marriages
			 and safe and stable families.
					(D)The skills needed
			 to resist the negative influences of the pervasive sex-saturated culture that
			 presents teenage sexual activity as an expected norm, with few risks or
			 negative consequences.
					(E)The understanding
			 of how drugs, alcohol, and the irresponsible use of social media can negatively
			 influence healthy sexual decisionmaking and can contribute to aggressive sexual
			 behavior.
					(F)A focused priority
			 on the superior health benefits of sexual abstinence, ensuring that any
			 information provided on contraception does not exaggerate its effectiveness in
			 preventing sexually transmitted diseases and pregnancies.
					(c)PriorityIn awarding grants under subsection (a),
			 the Secretary of Health and Human Services shall give priority to applicants
			 proposing programs to provide qualified sexual risk avoidance education
			 that—
				(1)will serve youth
			 ages 12 to 19; and
				(2)will promote
			 protective benefits of parent-child communication regarding healthy sexual
			 decisionmaking.
				(d)DefinitionsIn this Act:
				(1)Age
			 appropriateThe term age appropriate means
			 appropriate for the general developmental and social maturity of the age group
			 (as opposed to the cognitive ability to understand a topic or the atypical
			 development of a small segment of the targeted population).
				(2)Evidence-based
			 approachThe term evidence-based approach means an
			 approach that—
					(A)has a clear
			 theoretical base that integrates research findings with practical
			 implementation expertise that is relevant to the field;
					(B)matches the needs
			 and desired outcomes for the intended audience; and
					(C)if implemented
			 well, will demonstrate improved outcomes for the targeted population.
					(3)Medically
			 accurateThe term medically accurate means
			 referenced to peer-reviewed research by medical, educational, scientific,
			 governmental, or public health publications, organizations, or agencies.
				(4)Sexual
			 abstinenceThe term sexual abstinence means
			 voluntarily refraining from sexual activity.
				(5)Sexual
			 activityThe term sexual activity means genital
			 contact or sexual stimulation, including sexual intercourse.
				(e)Authorization of
			 appropriations
				(1)In
			 generalThere are authorized to be appropriated to carry out this
			 Act $110,000,000 for each of fiscal years 2012 through 2016. Amounts authorized
			 to carry out this Act shall be derived exclusively from amounts in the
			 Prevention and Public Health Fund established by section 4002 of the Patient
			 Protection and Affordable Care Act (42 U.S.C. 300u–11).
				(2)Federal
			 administrative costsOf the
			 amounts authorized to be appropriated under paragraph (1) for a fiscal
			 year—
					(A)not more than
			 $1,000,000 are authorized to be used for Federal administrative costs;
			 and
					(B)of the amounts
			 used by the Secretary for such costs, not less than 40 percent shall be used
			 for training and technical assistance by qualified experts who—
						(i)have
			 singular experience in providing programmatic support in abstinence
			 education;
						(ii)have expertise in
			 theory-based abstinence education curriculum development and
			 implementation;
						(iii)have experience
			 in developing sexual risk avoidance evaluation instruments; and
						(iv)can
			 offer technical assistance and training on a wide range of topics relevant to
			 the sexual risk avoidance (or abstinence education) field.


116 S127 IS: To direct the Secretary of Veterans Affairs to seek to enter into an agreement with the city of Vallejo, California, for the transfer of Mare Island Naval Cemetery in Vallejo, California, and for other purposes.
U.S. Senate
2019-01-15
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.

II116th CONGRESS1st SessionS. 127IN THE SENATE OF THE UNITED STATESJanuary 15, 2019Mrs. Feinstein (for herself, Ms. Harris, Ms. Warren, Mr. Menendez, and Mr. Markey) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to seek to enter into an agreement with the city of
			 Vallejo, California, for the transfer of Mare Island Naval Cemetery in
			 Vallejo, California, and for other purposes.

		1.Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for maintenance by National
			 Cemetery Administration
 (a)AgreementThe Secretary of Veterans Affairs shall seek to enter into an agreement with the city of Vallejo, California, under which the city of Vallejo shall transfer to the Secretary all right, title, and interest in the Mare Island Naval Cemetery in Vallejo, California, at no cost to the Secretary.
 (b)Maintenance by NCAIf the Mare Island Naval Cemetery is transferred to the Secretary of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery as a national shrine.


		I
		112th CONGRESS
		1st Session
		H. R. 842
		IN THE HOUSE OF REPRESENTATIVES

			February 28, 2011
			Mr. Schiff (for
			 himself, Mr. Berman, and
			 Mr. Sherman) introduced the following
			 bill; which was referred to the Committee
			 on Transportation and Infrastructure

		A BILL
		To allow mandatory nighttime curfews at certain airports,
		  and for other purposes.

		1.Short titleThis Act may be cited as the
			 Valley-Wide Noise Relief Act of
			 2011.
		2.Mandatory
			 nighttime curfews
			(a)In
			 generalNotwithstanding any
			 other provision of law, including any written assurances under section 47107 of
			 title 49, United States Code, an airport sponsor may not be prohibited from, or
			 interfered with, implementing any of the following:
				(1)A total mandatory
			 nighttime curfew for an airport of the sponsor that is described in paragraph
			 (1) of subsection (b).
				(2)A partial mandatory nighttime curfew for an
			 airport of the sponsor that is described in paragraph (2) of subsection
			 (b).
				(b)Covered
			 airports
				(1)Paragraph (1)
			 airportsAn airport described
			 in this paragraph is an airport that—
					(A)had a voluntary curfew in effect for
			 certain aircraft on November 5, 1990; and
					(B)was created by an intergovernmental
			 agreement established pursuant to a State statute enacted before November 5,
			 1990, that, along with the statute, imposes obligations with respect to noise
			 mitigation.
					(2)Paragraph (2)
			 airportsAn airport described in this paragraph is an airport
			 that—
					(A)had a partial
			 curfew in effect prior to November 5, 1990;
					(B)operates under the supervision of a board
			 of airport commissioners that, on January 1, 2010, oversaw operation of 3 or
			 more airports, at least 2 of which have airport operating certificates pursuant
			 to part 139 of title 14, Code of Federal Regulations; and
					(C)on January 1,
			 2010, failed to comply with a cumulative noise standard established by a State
			 law for airports in that State.
					(c)Notice
			 requirements
				(1)In
			 generalAt least 90 days
			 before implementing a curfew under subsection (a), an airport sponsor shall
			 provide to airport users and other interested parties reasonable notice
			 of—
					(A)the terms of the
			 curfew; and
					(B)the penalties for
			 violating the curfew.
					(2)Reasonable
			 noticeAn airport sponsor shall be treated as satisfying the
			 requirement of providing reasonable notice under paragraph (1) if the
			 sponsor—
					(A)includes the terms
			 of the curfew and penalties for violating the curfew on the Internet Web site
			 of the sponsor for the applicable airport; and
					(B)provides the terms of the curfew and
			 penalties for violating the curfew to tenants of the sponsor who operate
			 aircraft at the airport, either at their leasehold or the address provided to
			 the airport sponsor for the receipt of notices under their lease.
					(d)DefinitionsIn
			 this section, the following definitions apply:
				(1)Total mandatory
			 nighttime curfewThe term
			 total mandatory nighttime curfew means a prohibition on all
			 aircraft operations at an airport each night during the 9-hour period beginning
			 at 10 p.m.
				(2)Partial
			 mandatory nighttime curfewThe term partial mandatory
			 nighttime curfew means a prohibition on certain aircraft operations at
			 an airport each night for not longer than the 9-hour period beginning at 10
			 p.m.


IV
108th CONGRESS
2d Session
H. CON. RES. 454
IN THE HOUSE OF REPRESENTATIVES

June 17, 2004
Mr. McInnis submitted the following concurrent resolution; which was referred to the Committee on the Judiciary

CONCURRENT RESOLUTION
Commemorating over half a century of adjudication under the McCarran Amendment of rights to the use of water.

 Whereas section 208 of the Department of Justice Appropriation Act, 1953 (commonly known as the McCarran Amendment) (43 U.S.C. 666) waived the sovereign immunity of the United States so that it could be joined in comprehensive State general adjudications of the rights to use water;
 Whereas in United States v. District Court for Eagle County, 401 U.S. 520, 524 (1971), the Supreme Court confirmed that the McCarran Amendment was an all-inclusive statute concerning the adjudication of rights to the use of water of a river system which . . . has no exceptions and . . . includes appropriative rights, riparian rights, and reserved rights;
 Whereas in Colorado River Water Conservation District v. United States, 424 U.S. 800, 819 (1976), the Supreme Court concluded that the concern over avoiding the generation of additional litigation through permitting inconsistent dispositions of property . . . is heightened with respect to water rights, the relationships among which are highly interdependent and that the consent to jurisdiction given by the McCarran Amendment bespeaks a policy that recognizes the availability of comprehensive state systems for adjudication of water rights as the means of achieving these goals;
 Whereas since the passage of the McCarran Amendment, Federal and non-Federal users, along with numerous Western States, have invested millions of dollars in water right adjudications in those States to establish rights to the use of water that will determine priority of use during times of scarcity;
 Whereas State water laws in the West have evolved to accommodate instream values such as recreation and environmental needs, while continuing to recognize and protect traditional consumptive uses for the West’s cities and farms;
 Whereas Federal claims for water have been recognized under both Federal and State laws within State general adjudications, thus enhancing the protection of Federal interests, as well as the certainty and reliability of non-Federal interests, in water in the West;
 Whereas the significance of the McCarran Amendment, in providing States with the ability to determine the extent of Federal claims to water resources, has become increasingly apparent as many of the Western States are experiencing a severe and sustained drought, where water supplies for all purposes are severely restricted; and
 Whereas now more than ever there is a pressing need to recognize and support the availability of comprehensive systems for quantification of rights to use water in those Western States for all beneficial purposes: Now, therefore, be it

That the Congress—
(1)reaffirms the policies and principles of the McCarran Amendment that have been recognized by Supreme Court decisions and recognizes that, as a matter of practice, the United States should adhere and defer to State water law; and
(2)commends Western States that maintain comprehensive systems for the quantification of rights to use water for all beneficial purposes, including environmental protection and enhancement.


		I
		111th CONGRESS
		2d Session
		H. R. 4777
		IN THE HOUSE OF REPRESENTATIVES

			March 4, 2010
			Mr. Owens introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide an
		  exemption for employer payroll taxes during 2010 for wages with respect to the
		  employment of new hires and to provide a credit for retaining
		  employees.

		1.Payroll tax forgiveness for
			 hiring unemployed workers
			(a)In
			 generalSection 3111 is amended by adding at the end the
			 following new subsection:

					(d)Special
				exemption for certain individuals hired in 2010
						(1)In
				generalSubsection (a) shall not apply to wages paid by a
				qualified employer with respect to employment during the period beginning on
				the day after the date of the enactment of this subsection and ending on
				December 31, 2010, of any qualified individual for services performed—
							(A)in a trade or
				business of such qualified employer, or
							(B)in the case of a
				qualified employer exempt from tax under section 501(a), in furtherance of the
				activities related to the purpose or function constituting the basis of the
				employer’s exemption under section 501.
							(2)Qualified
				employerFor purposes of this subsection—
							(A)In
				generalThe term qualified employer means any
				employer other than the United States, any State, or any political subdivision
				thereof, or any instrumentality of the foregoing.
							(B)Treatment of
				employees of post-secondary educational
				institutionsNotwithstanding subparagraph (A), the term
				qualified employer includes any employer which is a public
				institution of higher education (as defined in section 101(b) of the Higher
				Education Act of 1965).
							(3)Qualified
				individualFor purposes of this subsection, the term
				qualified individual means any individual who—
							(A)begins employment
				with a qualified employer after February 3, 2010, and before January 1,
				2011,
							(B)certifies by
				signed affidavit, under penalties of perjury, that such individual has not been
				employed for more than 40 hours during the 60-day period ending on the date
				such individual begins such employment,
							(C)is not employed by
				the qualified employer to replace another employee of such employer unless such
				other employee separated from employment voluntarily or for cause, and
							(D)is not an
				individual described in section 51(i)(1) (applied by substituting
				qualified employer for taxpayer each place it
				appears).
							(4)ElectionA
				qualified employer may elect to have this subsection not apply. Such election
				shall be made in such manner as the Secretary may
				require.
						.
			(b)Coordination
			 with work opportunity creditSection 51(c) is amended by adding
			 at the end the following new paragraph:

					(5)Coordination
				with payroll tax forgivenessThe term wages shall
				not include any amount paid or incurred to a qualified individual (as defined
				in section 3111(d)(3)) during the 1-year period beginning on the hiring date of
				such individual by a qualified employer (as defined in section 3111(d)) unless
				such qualified employer makes an election not to have section 3111(d)
				apply.
					.
			(c)Transfers to
			 Federal Old-Age and Survivors Insurance Trust FundThere are
			 hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the
			 Federal Disability Insurance Trust Fund established under section 201 of the
			 Social Security Act (42 U.S.C. 401) amounts equal to the reduction in revenues
			 to the Treasury by reason of the amendments made by subsection (a). Amounts
			 appropriated by the preceding sentence shall be transferred from the general
			 fund at such times and in such manner as to replicate to the extent possible
			 the transfers which would have occurred to such Trust Fund had such amendments
			 not been enacted.
			(d)Effective
			 dateThe amendments made by this section shall apply to wages
			 paid after the date of the enactment of this Act.
			2.Business credit for
			 retention of certain newly hired individuals in 2010
			(a)In
			 generalIn the case of any
			 taxable year ending after the date of the enactment of this Act, the current
			 year business credit determined under section 38(b) of the Internal Revenue
			 Code of 1986 for such taxable year shall be increased by an amount equal to the
			 product of—
				(1)$1,000, and
				(2)the number of
			 retained workers with respect to which subsection (b)(2) is first satisfied
			 during such taxable year.
				(b)LimitationThe
			 increase determined under subsection (a) with respect to any retained worker
			 shall not exceed an amount equal to 4 percent of the wages (as defined in
			 section 3401(a) of the Internal Revenue Code of 1986) with respect to such
			 retained worker for the 52 consecutive week period described in subsection
			 (c)(2).
			(c)Retained
			 workerFor purposes of this section, the term retained
			 worker means any qualified individual (as defined in section 3111(d)(3)
			 of the Internal Revenue Code of 1986)—
				(1)who was employed
			 by the taxpayer on any date during the taxable year,
				(2)who was so
			 employed by the taxpayer for a period of not less than 52 consecutive weeks,
			 and
				(3)whose wages for
			 such employment during the last 26 weeks of such period equaled at least 80
			 percent of such wages for the first 26 weeks of such period.
				(d)Limitation on
			 carrybacksNo portion of the unused business credit under section
			 38 of the Internal Revenue Code of 1986 for any taxable year which is
			 attributable to the increase in the current year business credit under this
			 section may be carried to a taxable year beginning before the date of the
			 enactment of this section.


113 S1268 IS: To approve an agreement between the United States and the Republic of Palau.
U.S. Senate
2013-06-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		1st Session
		S. 1268
		IN THE SENATE OF THE UNITED STATES

			June 27, 2013
			Mr. Wyden (by request)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

		A BILL
		To approve an agreement between the United States and the
		  Republic of Palau.

		1.Approval of the agreement
			 between the United States and the Republic of Palau
			(a)DefinitionsIn
			 this section:
				(1)AgreementThe
			 term Agreement means the Agreement and appendices signed by the
			 United States and the Republic of Palau on September 3, 2010.
				(2)Compact of free
			 associationThe term Compact of Free Association
			 means the Compact of Free Association between the Government of the United
			 States of America and the Government of Palau (48 U.S.C. 1931 note; Public Law
			 99–658).
				(b)Results of
			 compact review
				(1)In
			 generalTitle I of Public Law 99–658 (48 U.S.C. 1931 et seq.) is
			 amended by adding at the end the following:

						105.Results of
				compact review
							(a)In
				generalThe Agreement and appendices signed by the United States
				and the Republic of Palau on September 3, 2010 (referred to in this section as
				the Agreement), in connection with section 432 of the Compact of
				Free Association between the Government of the United States of America and the
				Government of Palau (48 U.S.C. 1931 note; Public Law 99–658) (referred to in
				this section as the Compact of Free Association), are
				approved—
								(1)except for the
				extension of article X of the Agreement Regarding Federal Programs and
				Services, and Concluded Pursuant to article II of title II and section 232 of
				the Compact of Free Association; and
								(2)subject to the
				provisions of this section.
								(b)Withholding of
				fundsIf the Republic of Palau withdraws more than $5,000,000
				from the trust fund established under section 211(f) of the Compact of Free
				Association in any of fiscal years 2011, 2012, or 2013, amounts payable under
				sections 1, 2(a), 3, and 4(a), of the Agreement shall be withheld from the
				Republic of Palau until the date on which the Republic of Palau reimburses the
				trust fund for the total amounts withdrawn that exceeded $5,000,000 in any of
				those fiscal years.
							(c)Funding for
				certain provisions under Section 105 of compact of free
				associationWithin 30 days of enactment of this section, out of
				any funds in the Treasury not otherwise appropriated, the Secretary of the
				Treasury shall transfer to the Secretary of the Interior such sums as are
				necessary for the Secretary of the Interior to implement sections 1, 2(a), 3,
				4(a), and 5 of the Agreement, which sums shall remain available until expended
				without any further appropriation.
							(d)Authorizations
				of appropriationsThere are authorized to be appropriated—
								(1)to the Secretary
				of the Interior to subsidize postal services provided by the United States
				Postal Service to the Republic of Palau, the Republic of the Marshall Islands,
				and the Federated States of Micronesia $1,500,000 for each of fiscal years 2014
				through 2024, to remain available until expended; and
								(2)to the head of each Federal entity
				described in paragraphs (1), (3), and (4) of section 221(a) of the Compact of
				Free Association (including the successor of each Federal entity) to carry out
				the responsibilities of the Federal entity under section 221(a) of the Compact
				of Free Association such sums as are necessary, to remain available until
				expended.
								.
				(2)OffsetSection
			 3 of the Act of June 30, 1954 (68 Stat. 330, 82 Stat. 1213, chapter 423), is
			 repealed.
				(c)Payment
			 schedule; withholding of funds; funding
				(1)Compact section
			 211(f) fundSection 1 of the
			 Agreement shall be construed as though the section reads as follows:

						1.Compact section
				211(f) fundThe Government of the United States of
				America (the Government of the United States) shall contribute
				$30,250,000 to the Fund referred to in section 211(f) of the Compact in
				accordance with the following schedule—
							(1)$11,000,000 in fiscal year 2014;
							(2)$3,000,000 in each of fiscal years 2015
				through 2017;
							(3)$2,000,000 in each of fiscal years 2018
				through 2022; and
							(4)$250,000 in fiscal year
				2023.
							.
				(2)Infrastructure
			 maintenance fundSubsection (a) of section 2 of the Agreement
			 shall be construed as though the subsection reads as follows:

						(a)The Government of
				the United States shall provide a grant of $6,912,000 for fiscal year 2014 and
				a grant of $2,000,000 annually from the beginning of fiscal year 2015 through
				fiscal year 2024 to create a trust fund (the Infrastructure Maintenance
				Fund) to be used for the routine and periodic maintenance of major
				capital improvement projects financed by funds provided by the United States.
				The Government of the Republic of Palau will match the contributions made by
				the United States by making contributions of $150,000 to the Infrastructure
				Maintenance Fund on a quarterly basis from the beginning of fiscal year 2014
				through fiscal year 2024. Implementation of this subsection shall be carried
				out in accordance with the provisions of Appendix A to this
				Agreement.
						.
				(3)Fiscal
			 consolidation fundSection 3 of the Agreement shall be construed
			 as though the section reads as follows:

						3.Fiscal
				consolidation fundThe
				Government of the United States shall provide the Government of Palau
				$10,000,000 in fiscal year 2014 for deposit in an interest bearing account to
				be used to reduce government arrears of Palau. Implementation of this section
				shall be carried out in accordance with the provisions of Appendix B to this
				Agreement.
						.
				(4)Direct economic
			 assistanceSubsection (a) of section 4 of the Agreement shall be
			 construed as though the subsection reads as follows:

						(a)In addition to
				the economic assistance of $13,147,000 provided to the Government of Palau by
				the Government of the United States in each of fiscal years 2010, 2011, 2012,
				and 2013, and unless otherwise specified in this Agreement or in an Appendix to
				this Agreement, the Government of the United States shall provide the
				Government of Palau $69,250,000 in economic assistance as follows—
							(1)$12,000,000 in
				fiscal year 2014;
							(2)$11,500,000 in
				fiscal year 2015;
							(3)$10,000,000 in
				fiscal year 2016;
							(4)$8,500,000 in
				fiscal year 2017;
							(5)$7,250,000 in
				fiscal year 2018;
							(6)$6,000,000 in
				fiscal year 2019;
							(7)$5,000,000 in
				fiscal year 2020;
							(8)$4,000,000 in
				fiscal year 2021;
							(9)$3,000,000 in
				fiscal year 2022; and
							(10)$2,000,000 in
				fiscal year 2023.
							The funds
				provided in any fiscal year under this subsection for economic assistance shall
				be provided in 4 quarterly payments (30 percent in the first quarter, 30
				percent in the second quarter, 20 percent in the third quarter, and 20 percent
				in the fourth quarter) unless otherwise specified in this Agreement or in an
				Appendix to this
				Agreement..
				(5)Infrastructure
			 projectsSection 5 of the Agreement shall be construed as though
			 the section reads as follows:

						5.Infrastructure
				projectsThe Government of the
				United States shall provide grants totaling $40,000,000 to the Government of
				Palau as follows: $30,000,000 in fiscal year 2014; and $5,000,000 annually in
				each of fiscal years 2015 and 2016; towards 1 or more mutually agreed
				infrastructure projects in accordance with the provisions of Appendix C to this
				Agreement.
						.
				(d)Continuing
			 programs and lawsSection 105(f)(1)(B)(ix) of the Compact of Free
			 Association Amendments Act of 2003 (48 U.S.C. 192ld(f)(1)(B)(ix)) is amended by
			 striking 2009 and inserting 2024.
			(e)Passport
			 requirementSection 141 of Article IV of Title One of the Compact
			 of Free Association shall be construed and applied as if it read as
			 follows:

					141.Passport
				requirement
						(a)Any person in the
				following categories may be admitted to, lawfully engage in occupations, and
				establish residence as a nonimmigrant in the United States and its territories
				and possessions without regard to paragraphs (5) or (7)(B)(i)(II) of section
				212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5) or
				(a)(7)(B)(i)(II)), provided that the passport presented to satisfy section
				212(a)(7)(B)(i)(I) of such Act is a valid unexpired machine-readable passport
				that satisfies the internationally accepted standard for machine
				readability—
							(1)a person who, on
				September 30, 1994, was a citizen of the Trust Territory of the Pacific
				Islands, as defined in title 53 of the Trust Territory Code in force on January
				1, 1979, and has become and remains a citizen of Palau;
							(2)a person who
				acquires the citizenship of Palau, at birth, on or after the effective date of
				the Constitution of Palau; or
							(3)a naturalized
				citizen of Palau, who has been an actual resident of Palau for not less than
				five years after attaining such naturalization and who holds a certificate of
				actual residence.
							(b)Such persons
				shall be considered to have the permission of the Secretary of Homeland
				Security of the United States to accept employment in the United States.
						(c)The right of such
				persons to establish habitual residence in a territory or possession of the
				United States may, however, be subjected to non-discriminatory limitations
				provided for—
							(1)in statutes or
				regulations of the United States; or
							(2)in those statutes
				or regulations of the territory or possession concerned which are authorized by
				the laws of the United States.
							(d)Section 141(a)
				does not confer on a citizen of Palau the right to establish the residence
				necessary for naturalization under the Immigration and Nationality Act, or to
				petition for benefits for alien relatives under that Act. Section 141(a),
				however, shall not prevent a citizen of Palau from otherwise acquiring such
				rights or lawful permanent resident alien status in the United
				States.
						.


116 HRES 674 IH: Expressing the sense of the House of Representatives regarding the achievements of Edgar Ricardo Arjona Morales, in honor of Hispanic Heritage Month.
U.S. House of Representatives
2019-10-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV116th CONGRESS1st SessionH. RES. 674IN THE HOUSE OF REPRESENTATIVESOctober 31, 2019Mrs. Torres of California submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONExpressing the sense of the House of Representatives regarding the achievements of Edgar Ricardo
			 Arjona Morales, in honor of Hispanic Heritage Month.

 Whereas Guatemalan musician Edgar Ricardo Arjona Morales was born in Antigua, Guatemala, on January 19, 1964;
 Whereas Arjona initially worked as a schoolteacher in rural Guatemala; Whereas Arjona has recorded sixteen full-length records since the release of his debut album, Dejame Decir Que Te Amo;
 Whereas Arjona has received extensive critical praise for his songwriting, which addresses challenges facing Guatemala such as racism, poverty, inequality, and violence, root causes of migration;
 Whereas, in 1993, Guatemalan President Ramiro de Leon Carpio honored Arjona with the Rafael Ovalle Order;
 Whereas, in 2005, Arjona founded Fundación Adentro to help bring musical education to impoverished children in Guatemala, which has constructed two schools for children in Guatemala;
 Whereas, in 2017, Arjona received a Lifetime Achievement Award at the Latin American Music Awards; and
 Whereas following the Fuego volcano eruption in 2018, Arjona supported families who were relocated, providing them with new permanent housing: Now, therefore, be it

 That the House of Representatives— (1)in honor of Hispanic Heritage Month, congratulates Edgar Ricardo Arjona Morales on his musical achievements;
 (2)commends Arjona for his commitment to address inequality and improve opportunities for Guatemalans; and
 (3)celebrates the achievements of all Guatemalan and Guatemalan-American musicians and artists who share with the world the richness and strength of Guatemalan culture and heritage.