		III
		111th CONGRESS
		2d Session
		H. CON. RES. 238
		IN THE SENATE OF THE UNITED
		  STATES

			March 1, 2010
			Received and referred to the
			 Committee on Veterans'
			 Affairs

		CONCURRENT RESOLUTION
		Recognizing the difficult challenges Black
		  veterans faced when returning home after serving in the Armed Forces, their
		  heroic military sacrifices, and their patriotism in fighting for equal rights
		  and for the dignity of a people and a Nation.

		Whereas there has been no war fought by or within the
			 United States in which Blacks did not participate, including the Revolutionary
			 War, the Civil War, the War of 1812, the Spanish American War, World Wars I and
			 II, the Korean War, the Vietnam War, the Gulf War, Operation Enduring Freedom,
			 and Operation Iraqi Freedom;
		Whereas Frederick Douglass voiced his opinion in one of
			 his autobiographies, Life and Times of Frederick Douglass,
			 writing, I * * * urged every man who could, to enlist; to get an eagle
			 on his button, a musket on his shoulder, the star-spangled banner over his
			 head, later remarking that there is no power on Earth which can
			 deny that he has earned the right to citizenship in the United
			 States.;
		Whereas during the Civil War, Black soldiers, commonly
			 referred to as the United States Colored Troops, were treated as second-class
			 citizens, the health care and hospitals available to them were substandard, and
			 they often died from neglect of services that was supposed to be administered
			 by medical personnel;
		Whereas Dr. W.E.B. DuBois and William Monroe Trotter,
			 members of the first generation of freedom’s children, founded the Niagara
			 Movement in 1905;
		Whereas in his book, Black Reconstruction in
			 America, published in 1935, DuBois wrote that [n]othing else
			 made Negro citizenship conceivable, but the record of the Negro soldier as a
			 fighter.;
		Whereas the 369th Infantry, known as the Harlem
			 Hell-fighters, fought the Germans during World War I as part of the French Army
			 and served the longest stretch in combat—191 days without replacement—without
			 losing a foot of ground or a man as prisoner;
		Whereas at the end of the service of the 369th Infantry,
			 the entire regiment received the Croix de Guerre, which was France’s highest
			 military honor, from a grateful French nation;
		Whereas Alain Locke, the first black Rhodes Scholar, wrote
			 in 1925 about a New Negro who had returned from battle with a
			 bold new spirit that helped spark a new mood in the Black community;
		Whereas in 1917, Charles Hamilton Houston encountered
			 racism after entering World War I as a commissioned first lieutenant in the
			 segregated 17th Provisional Training Regiment, later writing that I made
			 up my mind that if I got through this war I would study law and use my time
			 fighting for men who could not strike back.;
		Whereas Dorie Miller, a messman attendant in the Navy, was
			 catapulted to national hero status and an icon to generations, after displaying
			 heroism on board the USS West Virginia during the Japanese attack on Pearl
			 Harbor on December 7, 1941;
		Whereas before becoming a famous baseball player, Jackie
			 Robinson was court-martialed in the Army for refusing to sit in the back of the
			 bus in 1944, and when he was later acquitted, he wrote that [i]t was a
			 small victory, for I had learned that I was in two wars, one against the
			 foreign enemy, the other against prejudice at home.;
		Whereas the famed Tuskegee Airmen, a group of Black
			 pilots, flew with distinction during World War II under the command of Captain
			 Benjamin O. Davis, Jr., the highly decorated officer who served for more than
			 35 years and became the first Black general in the Air Force;
		Whereas during World War II, the 6888 (known as the
			 Six Triple Eights), the first all-woman Black Postal Battalion
			 who served in England and then France, were given the daunting task of clearing
			 out a two-year backlog of over 90,000 pieces of mail, succeeded in their
			 mission, completed it in three months, and went on to make a positive impact on
			 racial integration in the military;
		Whereas during World War II, the Army’s 92nd Infantry
			 Division, better known as the Buffalo Soldiers, which traces its
			 direct lineage back to the 9th and 10th Cavalry units from 1866 to the early
			 1890s, was the only Black segregated unit to experience combat during the
			 Italian campaign of 1944–45 with several members later earning Medals of Honor
			 for bravery;
		Whereas Reverend Benjamin Hooks, who served in the 92nd
			 Division, found himself in the humiliating position of guarding Italian
			 prisoners of war who were allowed to eat in restaurants that were off-limits to
			 him;
		Whereas even after President Truman issued Executive Order
			 9981 desegregating the military on July 26, 1948, discrimination
			 continued;
		Whereas in 1946, when Charles and Medgar Evers tried to
			 register to vote, they were turned away at the polling station;
		Whereas after serving overseas in the Army, Charles and
			 Medgar Evers returned home to Mississippi where, in 1952, they began to
			 organize voter registration drives for the National Association for the
			 Advancement of Colored People (NAACP);
		Whereas Oliver L. Brown, a World War II Army veteran from
			 Kansas, and Harry Briggs, a World War II sailor from South Carolina, were the
			 fathers of two of the five named plaintiffs in Brown v. Board of Education of
			 Topeka and Briggs v. Elliott, the historic school desegregation cases of
			 1954;
		Whereas the Black heroes and heroines of World War II and
			 the Korean War, such as Private Sarah Keys and Women’s Army Corps (WAC) officer
			 Dovey Roundtree, won significant victories against discrimination in interstate
			 transportation in landmark civil rights cases, including Keys v. Carolina Coach
			 Company, which was decided in 1955, six days before Rosa Parks’ historic
			 protest of Alabama’s Jim Crow laws in Montgomery;
		Whereas in his address at Riverside Church on April 4,
			 1967, Dr. Martin Luther King, Jr., commented on the irony of Blacks fighting in
			 Vietnam to guarantee liberties in Southeast Asia while not enjoying the same
			 rights at home;
		Whereas Black veterans who were in the forefront of the
			 leadership of the Civil Rights Movement, with their strong resolve to address
			 the paradox of military service abroad and the denial of basic rights at home,
			 brought deeper meaning to the word democracy, and through their
			 example, transformed the face of the United States;
		Whereas the Black veterans of the Nation’s wars sowed the
			 seeds for today’s bountiful harvest through the Niagara Movement, the NAACP,
			 and the latter-day Civil Rights Movement, all of which share a common ancestry
			 in the Civil War, without which there would be no Civil Rights Movement and no
			 equal rights for all Americans; and
		Whereas today, Black veterans suffer at a disproportionate
			 rate from chronic illnesses and homelessness and are plagued by health
			 disparities: Now, therefore, be it

		That Congress recognizes—
			(1)the difficult
			 challenges Black veterans faced when returning home after serving in the Armed
			 Forces, their heroic military sacrifices, and their patriotism in fighting for
			 equal rights and for the dignity of a people and a Nation; and
			(2)the need for the
			 Department of Veterans Affairs to continue to work to eliminate any health and
			 benefit disparities for our Nation’s minority veterans.

			Passed the House of
			 Representatives February 26, 2010.
			Lorraine C. Miller,
			Clerk


114 S756 : Syrian War Crimes Accountability Act of 2015
U.S. Senate
2015-07-15
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.

IC
114th CONGRESS1st Session
S. 756
IN THE HOUSE OF REPRESENTATIVES

July 15, 2015
Referred to the Committee on Foreign Affairs

AN ACT
To require a report on accountability for war crimes and crimes against humanity in Syria.

1.Short titleThis Act may be cited as the Syrian War Crimes Accountability Act of 2015.  2.FindingsCongress makes the following findings:
(1)March 2015 marks the fourth year of the ongoing conflict in Syria.  (2)On December 17, 2014, the United Nations Security Council unanimously adopted Resolution 2191 expressing outrage at the unacceptable and escalating level of violence and the killing of more than 191,000 people, including well over 10,000 children and approximately 1,000,000 injured in Syria.
(3)More than half of Syria’s population is displaced as of March 2015, with more than 7,600,000 internally displaced and more than 3,700,000 refugees in neighboring countries.  (4)On February 19, 2015, United Nations Secretary-General Ban Ki-moon reported to the Security Council that parties to the conflict are failing to live up to their international legal obligations to protect civilians and called for action to ensure the unfettered delivery of humanitarian relief, an end to the use of denial of services as a weapon of war, and a response to the relentless and indiscriminate attacks on civilians, including through the use of barrel bombs.
(5)On February 27, 2014, the Department of State issued its 2013 Human Rights Report on Syria, which described President Bashar al Assad’s use of indiscriminate and deadly force in the conflict, including the August 21, 2013, use of sarin gas and artillery to target East Ghouta and Moadamiya al-Sham, suburbs of Damascus, which killed over 1,000 people.  (6)The 2014 United States Commission on International Religious Freedom Annual Report states that in Syria terrorist organizations espouse violence and the creation of an Islamic state with no space for religious diversity and have carried out religiously-motivated attacks and massacres against Alawite, Shi’a and Christian civilians.
(7)On February 4, 2015, the Executive Council of the Organization for the Prohibition of Chemical Weapons (OPCW) adopted a decision expressing serious concern about the findings with a high degree of confidence of an OPCW fact-finding mission that chlorine had been used as a weapon in some areas of Syria in 2014 and calling for those individuals responsible to be held accountable.  (8)The United Nations Independent International Commission of Inquiry on the Syrian Arab Republic reports that pro-government forces have conducted attacks on Syrian civilian populations, and have utilized murder, torture, assault, and rape as war tactics. Anti-government groups have also committed murder and torture, engaged in hostage-taking, attacked protected objects, and shelled civilian neighborhoods. The Commission’s February 2015 report states that Syria’s civil war has been characterized by massive, recurrent violations of human rights and international humanitarian law that demand urgent international and national action.
(9)On March 12, 2015, Physicians for Human Rights (PHR) reported that since 2011, at least 610 medical personnel have been killed and there have been 233 deliberate or indiscriminate attacks on 183 medical facilities in Syria. The Physicians for Human Rights report cited evidence that the Government of Syria committed 88 percent of the recorded hospital attacks and 97 percent of medical personnel killings, and has targeted health care and increasingly used it as a weapon of war to destroy its opponents by preventing care, killing thousands of civilians along the way.  (10)Internationally accepted rules of war require actors to distinguish between civilians and combatants and that all parties are obligated to respect and protect the wounded and sick and to take care all reasonable measures to provide safe and prompt access for the wounded and sick to medical care.
3.Sense of CongressCongress— (1)strongly condemns the ongoing violence, use of chemical weapons, targeting of civilian populations with barrel, incendiary, and cluster bombs and SCUD missiles, and systematic gross human rights violations carried out by Government of Syria and pro-government forces under the direction of President Bashar al-Assad, as well as all abuses committed by violent extremist groups and other combatants involved in the civil war in Syria;
(2)expresses its support for the people of Syria seeking democratic change;  (3)urges all parties to the conflict to immediately halt indiscriminate attacks on civilians, allow for the delivery of humanitarian and medical assistance, and end sieges of civilian populations;
(4)calls on the President to support efforts in Syria and on the part of the international community to ensure accountability for war crimes and crimes against humanity committed during the conflict; and  (5)supports the requirement in United Nations Security Council Resolutions 2191, 2165 and 2139 for regular reporting by the Secretary-General on implementation on the resolutions, including of paragraph 2 of resolution 2139, which demands that all parties desist from violations of international humanitarian law and violations and abuses of human rights and calls on the Security Council to establish a committee to investigate past and ongoing gross violations of human rights and war crimes in the Syrian conflict.
4.Report on accountability for war crimes and crimes against humanity in Syria
(a)In generalNot later than 90 days after the date of the enactment of this Act, and again not later than 180 days after the cessation of violence in Syria, the Secretary of State shall submit to the appropriate congressional committees a report on war crimes and crimes against humanity in Syria.  (b)ElementsThe report required under subsection (a) shall include the following elements:
(1)A description of violations of internationally recognized human rights, war crimes, and crimes against humanity perpetrated during the civil war in Syria, including— (A)an account of incidents that may constitute war crimes and crimes against humanity committed by the regime of President Bashar al-Assad and all forces fighting on its behalf;
(B)an account of incidents that may constitute war crimes and crimes against humanity committed by violent extremist groups, anti-government forces, and any other combatants in the conflict;  (C)a description of any incidents that may violate the principle of medical neutrality and, when possible, an identification of the individual or individuals who engaged in or organized such violations; and
(D)where possible, a description of the conventional and unconventional weapons used for such crimes and, the origins of the weapons.  (2)A description of efforts by the Department of State and the United States Agency for International Development to ensure accountability for violations of internationally recognized human rights, international humanitarian law, and crimes against humanity perpetrated against the people of Syria by the regime of President Bashar al-Assad, violent extremist groups, and other combatants involved in the conflict, including—
(A)a description of initiatives that the United States Government has undertaken to train investigators in Syria on how to document, investigate, and develop findings of war crimes, including the number of United States Government or contract personnel currently designated to work full-time on these issues and an identification of the authorities and appropriations being used to support training efforts;  (B)a description and assessment of Syrian and international efforts to ensure accountability for crimes committed during the Syrian conflict, including efforts to promote a transitional justice process that would include criminal accountability and the establishment of an ad hoc tribunal to prosecute the perpetrators of war crimes committed during the civil war in Syria; and
(C)an assessment of the influence of accountability measures on efforts to reach a negotiated settlement to the conflict during the reporting period.  (c)FormThe report required under subsection (a) may be in unclassified or classified form, but shall include a publicly available annex.
(d)Appropriate congressional committee definedIn this section, the term appropriate congressional committees means— (1)the Committee on Foreign Relations of the Senate; and
(2)the Committee on Foreign Affairs of the House of Representatives. Passed the Senate July 14, 2015.Julie E. Adams,Secretary


		I
		112th CONGRESS
		2d Session
		H. R. 6653
		IN THE HOUSE OF REPRESENTATIVES

			December 12, 2012
			Mr. Paulsen
			 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
		  standards for determining employment status, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Independent Contractor Tax Fairness
			 and Simplification Act of 2012.
		2.FindingsThe Congress finds the following:
			(1)Independent
			 contractors play a vital role in our economy.
			(2)Independent
			 contractors embrace the entrepreneurial spirit of our country and are free to
			 seek economic opportunities that best fit their needs.
			(3)Many small
			 businesses start as an independent contractor and grow creating jobs for other
			 individuals.
			(4)The proper
			 classification of individuals as employees and independent contractors is a
			 significant responsibility for businesses.
			(5)The rules and
			 guidelines for determining whether an individual is an independent contractor
			 or an employee lack clarity and consistency.
			(6)It is in the best
			 interests of taxpayers, the Federal Government and the business community to
			 have fair and objective rules for determining who is an independent contractor
			 and who is an employee.
			3.Standards for
			 determining employment status
			(a)In
			 generalChapter 25 of the Internal Revenue Code of 1986 (general
			 provisions relating to employment taxes) is amended by adding after section
			 3510 the following new sections:

					3511.Controversies
				involving whether individuals are employees for purposes of the employment
				taxes
						(a)Termination of
				certain employment tax liability
							(1)In
				generalIf—
								(A)for purposes of
				employment taxes, the taxpayer did not treat an individual as an employee for
				any period, and
								(B)in the case of
				periods after December 31, 1978, all returns (including information returns)
				required to be filed by the taxpayer with respect to such individual for such
				period are filed on a basis consistent with the taxpayer’s treatment of such
				individual as not being an employee,
								then, for
				purposes of applying such taxes for such period with respect to the taxpayer,
				the individual shall be deemed not to be an employee unless the taxpayer had no
				reasonable basis for not treating such individual as an employee.(2)Statutory
				standards providing one method of satisfying the requirements of paragraph
				(1)For purposes of paragraph
				(1), a taxpayer shall in any case be treated as having a reasonable basis for
				not treating an individual as an employee for a period if the taxpayer’s
				treatment of such individual for such period was in reasonable reliance on any
				of the following—
								(A)judicial
				precedent, published rulings, technical advice with respect to the taxpayer, or
				a letter ruling to the taxpayer,
								(B)a past Internal
				Revenue Service audit of the taxpayer in which there was no assessment
				attributable to the treatment (for employment tax purposes) of the individuals
				holding positions substantially similar to the position held by this
				individual, or
								(C)long-standing
				recognized practice of a significant segment of the industry in which such
				individual was engaged.
								(3)Consistency
				required in the case of prior tax treatmentParagraph (1) shall
				not apply with respect to the treatment of any individual for employment tax
				purposes for any period ending after December 31, 2012, if the taxpayer (or a
				predecessor) has treated any individual holding a substantially similar
				position as an employee for purposes of the employment taxes for any period
				beginning after December 31, 2011.
							(4)Refund or credit
				of overpaymentIf refund or credit of any overpayment of an
				employment tax resulting from the application of paragraph (1) is not barred on
				the date of the enactment of this section by any law or rule of law, the period
				for filing a claim for refund or credit of such overpayment (to the extent
				attributable to the application of paragraph (1)) shall not expire before the
				date 1 year after the date of the enactment of this section.
							(b)Prohibition
				against regulations and rulings on employment statusExcept for
				purposes of providing Revenue Rulings with respect to section 3512, no
				regulation or Revenue Ruling shall be published on or after the date of the
				enactment of this section by the Department of the Treasury (including the
				Internal Revenue Service) with respect to the employment status of any
				individual for purposes of the employment taxes.
						(c)DefinitionsFor
				purposes of this section—
							(1)Employment
				taxThe term employment tax means any tax imposed by
				this subtitle.
							(2)Employment
				statusThe term employment status means the status
				of an individual, under the usual common law rules applicable in determining
				the employer-employee relationship, as an employee or as an independent
				contractor (or other individual who is not an employee).
							(d)ExceptionThis
				section shall not apply in the case of an individual who, pursuant to an
				arrangement between the taxpayer and another person, provides services for such
				other person as an engineer, designer, drafter, computer programmer, systems
				analyst, or other similarly skilled worker engaged in a similar line of
				work.
						(e)Special rules
				for application of section
							(1)Notice of
				availability of sectionAn officer or employee of the Internal
				Revenue Service shall, before or at the commencement of any audit inquiry
				relating to the employment status of one or more individuals who perform
				services for the taxpayer, provide the taxpayer with a written notice of the
				provisions of this section.
							(2)Rules relating
				to statutory standardsFor purposes of subsection (a)(2)—
								(A)a taxpayer may not
				rely on an audit commenced after December 31, 1996, for purposes of
				subparagraph (B) thereof unless such audit included an examination for
				employment tax purposes of whether the individual involved (or any individual
				holding a position substantially similar to the position held by the individual
				involved) should be treated as an employee of the taxpayer,
								(B)in no event shall
				the significant segment requirement of subparagraph (C) thereof be construed to
				require a reasonable showing of the practice of more than 25 percent of the
				industry (determined by not taking into account the taxpayer), and
								(C)in applying the
				long-standing recognized practice requirement of subparagraph (C)
				thereof—
									(i)such requirement
				shall not be construed as requiring the practice to have continued for more
				than 10 years, and
									(ii)a
				practice shall not fail to be treated as long-standing merely because such
				practice began after 1978.
									(3)Availability of
				safe harborsNothing in this section shall be construed to
				provide that subsection (a) only applies where the individual involved is
				otherwise an employee of the taxpayer.
							(4)Burden of
				proof
								(A)In
				generalIf—
									(i)a
				taxpayer establishes a prima facie case that it was reasonable not to treat an
				individual as an employee for purposes of this section, and
									(ii)the taxpayer has
				fully cooperated with reasonable requests from the Secretary of the Treasury or
				his delegate,
									then
				the burden of proof with respect to such treatment shall be on the
				Secretary.(B)Exception for
				other reasonable basisIn the case of any issue involving whether
				the taxpayer had a reasonable basis not to treat an individual as an employee
				for purposes of this section, subparagraph (A) shall only apply for purposes of
				determining whether the taxpayer meets the requirements of subparagraph (A),
				(B), or (C) of subsection (a)(2).
								(5)Preservation of
				prior period safe harborIf—
								(A)an individual
				would (but for the treatment referred to in subparagraph (B)) be deemed not to
				be an employee of the taxpayer under subsection (a) for any prior period,
				and
								(B)such individual is
				treated by the taxpayer as an employee for employment tax purposes for any
				subsequent period,
								then, for
				purposes of applying such taxes for such prior period with respect to the
				taxpayer, the individual shall be deemed not to be an employee.(6)Substantially
				similar positionFor purposes of this section, the determination
				as to whether an individual holds a position substantially similar to a
				position held by another individual shall include consideration of the
				relationship between the taxpayer and such individuals.
							3512.Safe harbor
				standards for determining employment status
						(a)General
				ruleFor purposes of this title, if the requirements of
				subsection (c) are met with respect to any service performed by any service
				provider, then with respect to such service—
							(1)the service
				provider shall not be treated as an employee,
							(2)the service
				recipient shall not be treated as an employer,
							(3)the payor shall
				not be treated as an employer, and
							(4)compensation paid
				or received for such service shall not be treated as paid or received with
				respect to employment.
							(b)Statutory
				employeesNothing in this section shall supersede the categories
				of employees described in section 3121(d)(3).
						(c)Requirements
							(1)In
				generalThe requirements of this subsection are met if the
				requirements of paragraphs (2) and (3) are met.
							(2)Investment or
				income fluctuationA service provider meets the requirements of
				this paragraph if the service provider—
								(A)incurs significant
				financial responsibility for providing and maintaining the necessary equipment
				and facilities to perform the work outlined in their qualified agreement,
				and
								(B)either—
									(i)incurs
				unreimbursed expenses, or
									(ii)risks income
				fluctuations because the remuneration with respect to such service is directly
				related to sales or other output rather than solely to the number of hours
				actually worked or expenses incurred.
									(3)Control of time
				worked and performance of servicesA service provider meets the
				requirements of this paragraph if the service provider—
								(A)is compensated
				upon factors related to the work performed, such as a percentage of revenue or
				scheduled rates, and not solely on the basis of hours or time expended,
				and
								(B)substantially
				controls the means and manner of performing the services, in conformance with
				regulatory requirements, the specifications of the service recipient or payor
				and any additional requirements specified in the qualified agreement.
								(d)DefinitionsFor
				the purposes of this section—
							(1)Service
				providerThe term service provider means any
				individual or entity that performs service for another company under a
				qualified agreement.
							(2)Service
				recipientThe term service recipient means the
				person or entity for whom the service provider performs such service.
							(3)PayorThe
				term payor means the person or entity that pays the service
				provider for the performance of such service in the event that the service
				recipients do not pay the service provider.
							(4)ExceptionsThe
				terms service recipient and payor do not include any
				entity which is owned in whole or in part by the service provider.
							(5)Qualified
				agreementThe term qualified agreement means a
				written contract between a service provider and the service recipient for whom
				the services are performed or the payor that provides that the service
				provider—
								(A)will not be
				treated as an employee with respect to such services for the purpose of this
				title, and
								(B)has been informed
				of the Federal tax obligations resulting from such
				treatment.
								.
			(b)Conforming
			 amendments
				(1)Section 530 of the
			 Revenue Act of 1978 is hereby repealed.
				(2)The table of
			 sections for chapter 25 of such Code is amended by adding at the end the
			 following new items:

							Sec. 3511. Controversies involving whether individuals are
				employees for purposes of the employment taxes.
							Sec. 3512. Safe harbor standards for determining employment
				status.

						.
				(c)Effective
			 dates
				(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this Act shall take effect beginning on the first day of the first calendar
			 year beginning after the date of enactment of this Act.
				(2)Repeal of
			 section 530The amendment made by subsection (b)(1) shall apply
			 to periods in calendar years beginning after the date of enactment of this
			 Act.


115 S940 IS: Shrinking Emergency Account Losses Act of 2017
U.S. Senate
2017-04-25
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. 940IN THE SENATE OF THE UNITED STATESApril 25, 2017Mr. Enzi (for himself and Mr. Nelson) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to modify the rules relating to loans made from a
			 qualified employer plan, and for other purposes.

		1.Short
 titleThis Act may be cited as the Shrinking Emergency Account Losses Act of 2017 or the SEAL Act.
		2.Extended
			 rollover period for the rollover of plan loan offset amounts in certain
			 cases
			(a)In
 generalParagraph (3) of section 402(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

					(C)Rollover of
				certain plan loan offset amounts
						(i)In
 generalIn the case of a qualified plan loan offset amount, paragraph (1) shall not apply to any transfer of such amount made after the due date (including extensions) for filing the return of tax for the taxable year in which such amount is treated as distributed from a qualified employer plan.
						(ii)Qualified plan
 loan offset amountFor purposes of this subparagraph, the term qualified plan loan offset amount means a plan loan offset amount which is treated as distributed from a qualified employer plan to a participant or beneficiary solely by reason of—
 (I)the termination of the qualified employer plan, or
 (II)the failure to meet the repayment terms of the loan from such plan because of the severance from employment of the participant.
							(iii)Plan loan
 offset amountFor purposes of clause (ii), the term plan loan offset amount means the amount by which the participant's accrued benefit under the plan is reduced in order to repay a loan from the plan.
 (iv)LimitationThis subparagraph shall not apply to any plan loan offset amount unless such plan loan offset amount relates to a loan to which section 72(p)(1) does not apply by reason of section 72(p)(2).
 (v)Qualified employer planFor purposes of this subsection, the term qualified employer plan has the meaning given such term by section 72(p)(4)..
			(b)Conforming
 amendmentSubparagraph (A) of section 402(c)(3) of the Internal Revenue Code of 1986 is amended by striking subparagraph (B) and inserting subparagraphs (B) and (C).
			(c)Effective
 dateThe amendments made by this section shall apply to transfers made after the date of the enactment of this Act.
			3.Modification of
 rules governing hardship distributionsNot later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall modify Treasury Regulation section 1.401(k)–1(d)(3)(iv)(E) to—
 (1)delete the prohibition imposed by paragraph (2) thereof, and
 (2)to make any other modifications necessary to carry out the purposes of section 401(k)(2)(B)(i)(IV) of the Internal Revenue Code of 1986.
			4.Qualified employer
			 plans prohibited from making loans through credit cards and other similar
			 arrangements
			(a)In
 generalParagraph (2) of section 72(p) of the Internal Revenue Code of 1986 is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph:

					(D)Prohibition of
				loans through credit cards and other similar
 arrangementsSubparagraph (A) shall not apply to any loan which is made through the use of any credit card or any other similar arrangement..
			(b)Effective
 dateThe amendments made by this section shall apply to plan years beginning after the date which is 60 days after the date of the enactment of this Act.


109 HR 2826 IH: To amend the Public Health Service Act to revise the amount of minimum allotments under the Projects for Assistance in Transition from Homelessness program.
U.S. House of Representatives
2005-06-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2826
IN THE HOUSE OF REPRESENTATIVES

June 8, 2005
Mrs. Wilson of New Mexico (for herself, Ms. Herseth, Mr. Sanders, and Mr. Langevin) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To amend the Public Health Service Act to revise the amount of minimum allotments under the Projects for Assistance in Transition from Homelessness program.

1.Minimum allotments under the Projects for Assistance in Transition from Homelessness programSection 524 of the Public Health Service Act (42 U.S.C. 290cc–24) is amended to read as follows:

524.Determination of amount of allotment
(a)Determination under formulaSubject to subsection (b), the allotment required in section 521 for a State for a fiscal year is the product of—
(1)an amount equal to the amount appropriated under section 535 for the fiscal year; and
(2)a percentage equal to the quotient of—
(A)an amount equal to the population living in urbanized areas of the State involved, as indicated by the most recent data collected by the Bureau of the Census; and
(B)an amount equal to the population living in urbanized areas of the United States, as indicated by the sum of the respective amounts determined for the States under subparagraph (A).
(b)Minimum allotment
(1)In generalSubject to paragraph (2), the allotment for a State under section 521 for a fiscal year shall, at a minimum, be the greater of—
(A)the amount the State received under section 521 in fiscal year 2005; and
(B)$600,000 for each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, and $100,000 for each of Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(2)ConditionIf the funds appropriated in any fiscal year under section 535 are insufficient to ensure that States receive a minimum allotment in accordance with paragraph (1), then—
(A)no State shall receive less than the amount they received in fiscal year 2005; and
(B)any funds remaining after amounts are provided under subparagraph (A) shall be used to meet the requirement of paragraph (1)(B), to the maximum extent possible..


117 HR 862 IH: Climate Action Planning for Ports Act of 2021
U.S. House of Representatives
2021-02-05
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. 862IN THE HOUSE OF REPRESENTATIVESFebruary 5, 2021Ms. Blunt Rochester (for herself, Ms. Norton, Mr. McNerney, Ms. Lee of California, Ms. Jayapal, and Ms. Matsui) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo authorize the Administrator of the Environmental Protection Agency to award grants to eligible entities to reduce greenhouse gas emissions at ports, and for other purposes.1.Short titleThis Act may be cited as the Climate Action Planning for Ports Act of 2021. 2.Grants to reduce greenhouse gas emissions at ports(a)GrantsThe Administrator of the Environmental Protection Agency may award grants to eligible entities—(1)to implement plans to reduce greenhouse gas emissions at one or more ports or port facilities within the jurisdictions of the respective eligible entities; and(2)to develop climate action plans described in subsection (b)(2).(b)Application(1)In generalTo seek a grant under this section, an eligible entity shall submit an application to the Administrator of the Environmental Protection Agency at such time, in such manner, and containing such information and assurances as the Administrator may require.(2)Climate action planAt a minimum, each such application shall contain—(A)a detailed and strategic plan, to be known as a climate action plan, that outlines how the eligible entity will develop and implement climate change mitigation or adaptation measures through the grant; or(B)a request pursuant to subsection (a)(2) for funding for the development of a climate action plan.(3)Required componentsA climate action plan under paragraph (2) shall demonstrate that the measures proposed to be implemented through the grant—(A)will reduce greenhouse gas emissions at the port or port facilities involved pursuant to greenhouse gas emission reduction goals set forth in the climate action plan; (B)will reduce other air pollutants at the port or port facilities involved pursuant to criteria pollutant emission reduction goals set forth in the climate action plan;(C)will implement emissions accounting and inventory practices to determine baseline emissions and measure progress; and(D)will ensure labor protections for workers employed directly at the port or port facilities involved, including by—(i)demonstrating that implementation of the measures proposed to be implemented through the grant will not result in a net loss of jobs at the port or port facilities involved;(ii)ensuring that laborers and mechanics employed by contractors and subcontractors on construction projects to implement the plan will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; and(iii)requiring any projects initiated to carry out the plan with total capital costs of $1,000,000 or greater to utilize a project labor agreement and not impact any preexisting project labor agreement.(4)Other componentsIn addition to the components required by paragraph (3), a climate action plan under paragraph (2) shall demonstrate that the measures proposed to be implemented through the grant will do at least two of the following:(A)Improve energy efficiency at a port or port facility, including by using—(i)energy-efficient vehicles, such as hybrid, low-emission, or zero-emission vehicles;(ii)energy efficient cargo-handling, harbor vessels, or storage facilities such as energy-efficient refrigeration equipment;(iii)energy-efficient lighting;(iv)shore power; or(v)other energy efficiency improvements.(B)Deploy technology or processes that reduce idling of vehicles at a port or port facility.(C)Reduce the direct emissions of greenhouse gases and other air pollutants with a goal of achieving zero emissions, including by replacing and retrofitting equipment (including vehicles onsite, cargo-handling equipment, or harbor vessels) at a port or port facility.(5)Prohibited useAn eligible entity may not use a grant provided under this section—(A)to purchase fully automated cargo handling equipment;(B)to build, or plan to build, terminal infrastructure that is designed for fully automated cargo handling equipment;(C)to purchase, test, or develop highly automated trucks, chassis, or any related equipment that can be used to transport containerized freight; or(D)to extend to any independent contractor, independent owner, operator, or other entity that is not using employees for the sake of performing work on terminal grounds.(6)Coordination with stakeholdersIn developing a climate action plan under paragraph (2), an eligible entity shall—(A)identify and collaborate with stakeholders who may be affected by the plan, including local environmental justice communities and other near-port communities; (B)address the potential cumulative effects of the plan on stakeholders when those effects may have a community-level impact; and(C)ensure effective advance communication with stakeholders to avoid and minimize conflicts.(c)PriorityIn awarding grants under this section, the Administrator of the Environmental Protection Agency shall give priority to applicants proposing—(1)to strive for zero emissions as a key strategy within the grantee’s climate action plan under paragraph (2);(2)to take a regional approach to reducing greenhouse gas emissions at ports;(3)to collaborate with near-port communities to identify and implement mutual solutions to reduce air pollutants at ports or port facilities affecting such communities, with emphasis given to implementation of such solutions in near-port communities that are environmental justice communities;(4)to implement activities with off-site benefits, such as by reducing air pollutants from vehicles, equipment, and vessels at sites other than the port or port facilities involved; and(5)to reduce localized health risk pursuant to health risk reduction goals that are set within the grantee’s climate action plan under paragraph (2). (d)Model methodologiesThe Administrator of the Environmental Protection Agency shall—(1)develop model methodologies which grantees under this section may choose to use for emissions accounting and inventory practices referred to in subsection (b)(3)(C); and(2)ensure that such methodologies are designed to measure progress in reducing air pollution at near-port communities.(e)DefinitionsIn this section:(1)The term Administrator means the Administrator of the Environmental Protection Agency. (2)The term cargo-handling equipment includes—(A)ship-to-shore container cranes and other cranes;(B)container-handling equipment; and(C)equipment for moving or handling cargo, including trucks, reachstackers, toploaders, and forklifts.(3)The term eligible entity means—(A)a port authority;(B)a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port;(C)an air pollution control district; or(D)a private entity (including any nonprofit organization) that—(i)applies for a grant under this section in collaboration with an entity described in subparagraph (A), (B), or (C); and(ii)owns, operates, or uses a port facility, cargo equipment, transportation equipment, related technology, or a warehouse facility at a port or port facility. (4)The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects.(5)The term harbor vessel includes a ship, boat, lighter, or maritime vessel designed for service at and around harbors and ports.(6)The term inland port means a logistics or distribution hub that is located inland from navigable waters, where cargo, such as break-bulk cargo or cargo in shipping containers, is processed, stored, and transferred between trucks, rail cars, or aircraft.(7)The term port includes an inland port.(8)The term stakeholder means residents, community groups, businesses, business owners, labor unions, commission members, or groups from which a near-port community draws its resources that—(A)have interest in the climate action plan of a grantee under this section; or(B)can affect or be affected by the objectives and policies of such a climate action plan.(f)Authorization of appropriations(1)In generalTo carry out this Act, there is authorized to be appropriated $250,000,000 for each of fiscal years 2022 through 2026.(2)Development of climate action plansIn addition to the authorization of appropriations in paragraph (1), there is authorized to be appropriated for grants pursuant to subsection (a)(2) to develop climate action plans $50,000,000 for fiscal year 2022, to remain available until expended.


		IIA
		Calendar No. 361
		112th CONGRESS
		2d Session
		S. J. RES. 36
		IN THE SENATE OF THE UNITED STATES

			February 16, 2012
			Mr. Enzi (for himself,
			 Mr. Alexander, Ms. Ayotte, Mr.
			 Barrasso, Mr. Blunt,
			 Mr. Boozman, Mr. Burr, Mr.
			 Chambliss, Mr. Coats,
			 Mr. Coburn, Mr.
			 Cochran, Ms. Collins,
			 Mr. Corker, Mr.
			 Cornyn, Mr. Crapo,
			 Mr. DeMint, Mr.
			 Graham, Mr. Grassley,
			 Mr. Hatch, Mr.
			 Heller, Mr. Hoeven,
			 Mrs. Hutchison, Mr. Inhofe, Mr.
			 Isakson, Mr. Johanns,
			 Mr. Johnson of Wisconsin,
			 Mr. Kyl, Mr.
			 Lee, Mr. Lugar,
			 Mr. McCain, Mr.
			 McConnell, Mr. Moran,
			 Mr. Paul, Mr.
			 Portman, Mr. Risch,
			 Mr. Roberts, Mr. Rubio, Mr.
			 Sessions, Mr. Shelby,
			 Ms. Snowe, Mr.
			 Thune, Mr. Toomey,
			 Mr. Vitter, Mr.
			 Wicker, and Mr. Kirk)
			 introduced the following joint resolution; which was read twice and referred to
			 the Committee on Health, Education,
			 Labor, and Pensions

			April 19, 2012
			Committee discharged pursuant to 5 U.S.C. 802(c); placed
			 on the calendar

		JOINT RESOLUTION
		Providing for congressional disapproval
		  under chapter 8 of title 5, United States Code, of the rule submitted by the
		  National Labor Relations Board relating to representation election
		  procedures.

		That Congress disapproves the rule
			 submitted by the National Labor Relations Board relating to representation
			 election procedures (published at 76 Fed. Reg. 80138 (December 22, 2011)), and
			 such rule shall have no force or effect.

		April 19, 2012
		Committee discharged pursuant to 5 U.S.C. 802(c); placed on
		  the calendar