		II
		110th CONGRESS
		2d Session
		S. 3121
		IN THE SENATE OF THE UNITED STATES

			June 12, 2008
			Mr. Nelson of Nebraska
			 (for himself, Mr. Roberts,
			 Mr. Crapo, Mr.
			 Bayh, and Mr. Lugar)
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to allow the
		  Secretary of the Treasury to waive the penalties for failure to disclose
		  reportable transactions, and for other purposes.

		1.Waiver and modification of
			 penalties for failure to disclose reportable transactions
			(a)In
			 generalSubsection (d) of section 6707A of the Internal Revenue
			 Code of 1986 (relating to authority to rescind penalty) is amended to read as
			 follows:

					(d)Authority To
				rescind or waive penalty
						(1)In
				generalThe Secretary may rescind or waive all or any portion of
				any penalty imposed by this section with respect to any violation if—
							(A)there was
				reasonable cause for the violation and the taxpayer acted in good faith,
				or
							(B)rescinding or
				waiving the penalty would promote compliance with the requirements of this
				title and effective tax administration.
							(2)No judicial
				appealNotwithstanding any other provision of law, any
				determination under this subsection may not be reviewed in any judicial
				proceeding.
						(3)RecordsIf
				a penalty is rescinded or waived under paragraph (1), the Secretary shall set
				forth in writing the opinion of the Secretary with respect to the
				determination, including—
							(A)a statement of
				the facts and circumstances relating to the violation,
							(B)the reasons for
				the rescission or waiver, and
							(C)the amount of the
				penalty rescinded or
				waived.
							.
			(b)Conforming
			 amendmentSubsection (c) of section 6707 of the Internal Revenue
			 Code of 1986 (relating to rescission authority) is amended to read as
			 follows:

					(c)Rescission
				authority
						(1)In
				generalThe Commissioner of Internal Revenue may rescind all or
				any portion of any penalty imposed by this section with respect to any
				violation if—
							(A)the violation is
				with respect to a reportable transaction other than a listed transaction,
				and
							(B)rescinding the
				penalty would promote compliance with the requirements of this title and
				effective tax administration.
							(2)No judicial
				appealNotwithstanding any other provision of law, any
				determination under this subsection may not be reviewed in any judicial
				proceeding.
						(3)RecordsIf
				a penalty is rescinded under paragraph (1), the Commissioner shall place in the
				file in the Office of the Commissioner the opinion of the Commissioner with
				respect to the determination, including—
							(A)a statement of
				the facts and circumstances relating to the violation,
							(B)the reasons for
				the rescission, and
							(C)the amount of the
				penalty
				rescinded.
							.
			(c)Effective
			 dateThe amendments made by this section shall apply to penalties
			 assessed after January 1, 2008.


114 S168 IS: Regulatory Responsibility for our Economy Act of 2015
U.S. Senate
2015-01-13
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.

II114th CONGRESS1st SessionS. 168IN THE SENATE OF THE UNITED STATESJanuary 13, 2015Mr. Roberts (for himself, Ms. Ayotte, Mr. Barrasso, Mr. Blunt, Mr. Coats, Mr. Crapo, Mrs. Fischer, Mr. Grassley, Mr. Hatch, Mr. Isakson, Mr. Johnson, Ms. Murkowski, Mr. Rubio, Mr. Sessions, Mr. Wicker, Mr. Tillis, and Mr. Toomey) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo codify and modify regulatory requirements of Federal agencies. 1.Short
 titleThis Act may be cited as the Regulatory Responsibility for our Economy Act of 2015.2.DefinitionsIn this Act—(1)the term agency means any authority of the United States that is—(A)an agency as defined under section 3502(1) of title 44, United States Code; and(B)shall include an independent regulatory agency as defined under section 3502(5) of title 44, United States Code;(2)the term regulation—(A)means an agency statement of general applicability and future effect, which the agency intends to have the force and effect of law, that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency; and(B)shall not include—(i)regulations issued in accordance with the formal rulemaking provisions of sections 556 and 557 of title 5, United States Code;(ii)regulations that pertain to a military or foreign affairs function of the United States, other than procurement regulations and regulations involving the import or export of non-defense articles and services; or(iii)regulations that are limited to agency organization, management, or personnel matters;(3)the term regulatory action means any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking; and(4)the term significant regulatory action means any regulatory action that is likely to result in a regulation that may—(A)have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities;(B)create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;(C)materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligation of recipients thereof;(D)add to the national debt; or(E)raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in this Act.3.Agency
			 requirements(a)Federal
 regulatory systemThe Federal regulatory system shall—(1)protect the public health, welfare, safety, and the environment of the United States, especially those promoting economic growth, innovation, competitiveness, and job creation;(2)be based on the best available science and information;(3)allow for public participation and an open exchange of ideas;(4)promote predictability and reduce uncertainty, including adherence to a clearly articulated timeline for the release of regulatory documents at all stages of the regulatory process;(5)identify and use the best, most innovative, and least burdensome tools for achieving regulatory ends;(6)take into account benefits and costs, both quantitative and qualitative;(7)ensure that regulations are accessible, consistent, written in plain language, and easy to understand; and(8)measure, and seek to improve, the actual results of regulatory requirements.(b)RequirementsEach agency shall—(1)propose or adopt a regulation only upon a reasoned determination that the benefits of the regulation justify the costs of the regulation to the extent permitted by law;(2)tailor regulations of the agency to impose the least burden on society, consistent with obtaining regulatory objectives, taking into account, among other things, the costs of cumulative regulations;(3)select, in choosing among alternative regulatory approaches, those approaches that maximize net benefits, including potential economic, environmental, public health and safety, and other advantages, distributive impacts, and equity;(4)specify performance objectives, rather than specifying the behavior or manner of compliance that regulated entities are required to adopt;(5)identify and assess available alternatives to direct regulation, including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing information upon which choices can be made by the public; and(6)use the best available techniques to quantify anticipated present and future benefits and costs.4.Public
			 participation(a)In
 generalRegulations shall be—(1)adopted through a process that involves public participation; and(2)based, to the extent consistent with law, on the open exchange of information and perspectives among State, local, and tribal officials, experts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole.(b)Opportunity To
 ParticipateEach agency shall—(1)provide the public with an opportunity to participate in the regulatory process;(2)as authorized by law, afford the public a meaningful opportunity to comment through the Internet on any proposed regulation, with a comment period that shall begin on the date on which the proposed regulation is published in the Federal Register and be not less than 60 days, unless the relevant regulation is designated by the Administrator of the Office of Information and Regulatory Affairs to be an emergency rule;(3)provide, for both proposed and final rules, timely online access to the rulemaking docket on regulations.gov, including relevant scientific and technical findings, in an open format that can be easily searched and downloaded; and(4)for proposed rules, provide access to include, to the extent permitted by law, an opportunity for public comment on all pertinent parts of the rulemaking docket, including relevant scientific and technical findings.(c)Seeking
 affected partiesBefore issuing a notice of proposed rulemaking, each agency shall, where appropriate, seek the views of those who are likely to be affected, including those who are likely to benefit from and those who are potentially subject to such rulemaking.(d)Delay of
			 implementation(1)In
 generalAn agency shall delay implementation of an interim final rule until final disposition of a challenge is entered by a court in the United States, if—(A)the agency excepted the rule from notice and public procedure under section 553(b)(B) of title 5, United States Code; and(B)the agency exception of the rule described under paragraph (1) is challenged in a court in the United States.(2)Length of
 delayIf implementation of an interim final rule is delayed under paragraph (1), the delay shall continue until a final disposition of the challenge is entered by the court.5.Integration and
 innovation(a)FindingsCongress finds that—(1)some sectors and industries face a significant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping; and(2)greater coordination across agencies should reduce these requirements, thus reducing costs and simplifying and harmonizing rules.(b)Promotion of
 innovationIn developing regulatory actions and identifying appropriate approaches, each agency shall—(1)promote coordination, simplification, and harmonization; and(2)identify means to achieve regulatory goals that are designed to promote innovation.6.Flexible
			 approaches(a)In
 generalEach agency shall identify and consider regulatory approaches that reduce burdens, especially economic burdens, and maintain flexibility and freedom of choice for the public.(b)ContentsThe approaches described under subsection (a) shall include warnings, appropriate default rules, disclosure requirements, and the provision of information to the public in a form that is clear and intelligible.7.ScienceEach agency shall ensure the objectivity of any scientific and technological information and processes used to support the regulatory actions of the agency.8.Retrospective
			 analyses of existing rules(a)Retrospective
			 analyses(1)In
 generalTo facilitate the periodic review of existing significant regulatory actions, agencies shall consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal such regulations in accordance with what has been learned.(2)AgreementOnce every 5 years, each agency may enter into an agreement with a qualified private organization to conduct the retrospective analysis described in paragraph (1) of the agency.(3)Publication
 onlineAny retrospective analyses conducted under this subsection, including supporting data, shall be published online.(b)Agency
			 plans(1)Plan(A)In
 generalNot later than 180 days after the date of enactment of this Act, each agency shall develop and submit to the appropriate congressional committees a preliminary plan for reviewing significant regulatory actions issued by the agency, consistent with law, under which the agency shall review its existing significant regulatory actions once every 5 years to determine whether such regulations should be modified, streamlined, expanded, or repealed so as to make the regulatory program of the agency more effective or less burdensome in achieving the regulatory objectives.(B)RepealIf the plan described in subparagraph (A) includes suggestions for needed repeals a timeline for such repeals shall also be included in the plan.(2)ReportUpon completion of a review under a plan submitted under paragraph (1), each agency shall submit to the appropriate congressional committees a report that—(A)describes the outcome of the review, including which regulations were modified, streamlined, expanded, or repealed;(B)describes the reasons for the modifications, streamlining, expansions, or repeals described in subparagraph (A); and(C)in any case where an agency did not take action, describes the reasons why the agency did not take action to modify, streamline, expand, or repeal any significant regulatory actions.9.Judicial
 reviewAny person may file a petition for judicial review of any agency action required under this Act within the United States Court of Appeals for the District of Columbia Circuit or for the circuit in which such person resides or in which such person's principal place of business is located. Courts of appeals of the United States shall have exclusive jurisdiction of any action to obtain judicial review (other than in an enforcement proceeding) of such an action if any district court of the United States would have had jurisdiction of such action but for this section.


114 S2107 IS: Building a Health Care Workforce for the Future Act
U.S. Senate
2015-09-30
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.

II114th CONGRESS1st SessionS. 2107IN THE SENATE OF THE UNITED STATESSeptember 30, 2015Mr. Reed (for himself and Mr. Blunt) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsA BILLTo amend the Public Health Service Act to help build a stronger health care workforce.

		1.Short
 titleThis Act may be cited as the Building a Health Care Workforce for the Future Act.
		2.Grants to States
 for scholarship programsSubpart III of part D of title III of the Public Health Service Act (42 U.S.C. 254l et seq.) is amended by adding at the end the following:

				338N.Grants to
				States for scholarship programs
					(a)In
 generalThe Secretary shall award grants to eligible States to enable such States to implement scholarship programs to ensure, with respect to the provision of health services, an adequate supply of physicians, dentists, behavioral and mental health professionals, certified nurse midwives, certified nurse practitioners, physician assistants, and pharmacists or other health profession as determined by the Secretary.
					(b)Eligible
 StatesTo be eligible to receive a grant under this section, a State shall submit to the Secretary an application containing such information as the Secretary determines necessary to carry out this section.
					(c)Eligible
 participantsTo be eligible to participate in a scholarship program carried out with a grant received under this section, an individual shall—
 (1)be accepted for enrollment, or be enrolled, as a full-time student—
 (A)in an accredited (as determined by the Secretary) educational institution in a State; and
 (B)in a course of study or program, offered by such institution and approved by the Secretary, leading to a degree in medicine, dentistry, school of pharmacy, other health profession designated by the Secretary, nursing college, or an appropriate degree from a graduate program of behavioral and mental health;
 (2)submit to the State, an application to participate in the program; and
 (3)sign and submit to the State, at the time of the submission of the application under paragraph (2), a written contract that requires the individual to—
 (A)accept payments under the scholarship;
 (B)maintain a minimum level of academic standing during the period of the scholarship, as determined by the Secretary;
 (C)if applicable, complete an accredited residency training program;
 (D)become licensed in the applicant’s State of residence; and
 (E)serve as a provider for 1 year in—
 (i)a health professional shortage area (as defined by the National Health Service Corps under section 332);
 (ii)a medically underserved area (as defined for purposes of section 330); or
 (iii)any other shortage area defined by the State and approved by the Secretary;
								in the
				applicant's State of residence for every year in which the
			 applicant received a
				scholarship.(d)Designation of
 areasTo be eligible to receive a grant under this section, a State shall adequately demonstrate to the Secretary that the State has designated appropriate health professions or specialty shortage areas.
					(e)Required
 disclosuresIn disseminating application and contract forms to individuals desiring to participate in a scholarship program funded under this section, the State shall include with such forms a summary of the rights and liabilities of an individual whose application is approved (and whose contract is accepted), including a clear explanation of the damages to which the State is entitled in the case of the individual’s breach of the contract.
					(f)Awarding of
				contracts
						(1)In
 generalA State that enters into a contract with an individual under subsection (c)(3) shall, with respect to the program in which the individual is enrolled, agree to pay—
 (A)all tuition and costs associated with the program;
 (B)any other reasonable educational expenses, including fees, books, and laboratory expenses, related to the program; and
 (C)a cost-of-living stipend in an amount to be determined the Secretary.
							(2)Consideration
 by StateIn entering into contracts with individuals that meet the requirements of subsection (c), the State shall consider the extent of the applicant's demonstrated interest in the provision of care services in a particular provider shortage area.
						(g)Matching
 fundsA State receiving a grant under this section shall, with respect to the costs of making payments on behalf of individuals under the scholarship program implemented by the State under the grant, make available (directly or through donations from public or private entities) non-Federal contributions in cash toward such costs in an amount equal to not less than $1 for each $1 of Federal funds provided under the grant.
					(h)Direct
 administration by State agencyThe scholarship program of any State receiving a grant under this section shall be administered directly by a State agency.
					(i)Report by
 SecretaryNot later than 4 years after the date of enactment of this section, and every 5 years thereafter, the Secretary shall submit to Congress a report concerning—
 (1)the number of scholarships awarded under the State scholarship program;
 (2)the number of scholarship recipients, broken down by practice area, serving in the profession originally awarded a scholarship for 1 year after the completion of the service period required under subsection (c)(3)(E);
 (3)the number of scholarship recipients, broken down by provider type, practicing in an underserved area 1 year after the completion of the service period required under subsection (c)(3)(E);
 (4)data on any changes in health professional shortage areas or medically underserved areas within the State;
 (5)remaining gaps in such health professional shortage areas or medically underserved areas;
 (6)the number of additional full-time physicians that would be required to eliminate such health professional shortage areas or medically underserved areas in the State;
 (7)the number of individuals who received a scholarship but failed to comply with its requirements;
 (8)the action taken by the State to recoup scholarship funds in the case of any non-compliance; and
 (9)recommendations to improve the program under this section.
						(j)Authorization
 of appropriationsThere are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2016 through 2020. Not less than 50 percent of the amount appropriated for a fiscal year under this subsection shall be used to provide scholarships to providers who intend to pursue careers in primary care..
		3.Increasing
 mentoring and transforming competencies in primary careTitle VII of the Public Health Service Act is amended by inserting after section 747A (42 U.S.C. 293k–1), the following:

				747B.Developing
				effective primary care mentors and improving mentorship
			 opportunities for
				medical students
					(a)Grants To
				cultivate primary care mentors and improve primary care mentorship
 opportunities for medical studentsThe Secretary may award grants to eligible medical schools to assist such schools in developing and strengthening primary care mentorship programs and cultivating leaders in primary care among students.
 (b)EligibilityTo be eligible to receive a grant under this section, an entity shall—
 (1)be an accredited medical school or college of osteopathic medicine; and
 (2)submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including an assurance that the applicant will use amounts received under the grant to—
 (A)establish or enhance existing mentorship programs, including—
 (i)incentivizing medical school faculty (through financial or other reward systems) to participate as a mentor of other primary care physician faculty members and students;
 (ii)providing resources for aspiring mentors to participate in workshops or other learning experiences in which primary care physicians can learn about effective strategies in primary care mentoring;
 (iii)enabling successful primary care mentors on medical school faculty to spend time at another institution where they can promote best practices in mentoring primary care leaders and students; and
 (iv)developing web-based resources for mentors to interact regularly and share successful strategies; or
 (B)cultivate interest and leaders in primary care among students, including—
 (i)offering students that identify interest in primary care upon matriculation, longitudinal experiences in primary care to care for and track the health and wellness of patients throughout medical school;
 (ii)arranging partnerships with private practices, insurers, schools of public health, public health departments, and community-based service projects with the goal of providing students with the opportunity to interact with primary care mentors from a variety of health care settings;
 (iii)providing stipends or other forms of financial resources to students who work with designated mentors in the field of primary care in underserved urban and rural communities; and
 (iv)supporting opportunities for students to engage in practice redesign or other efforts in which primary care physicians are taking a leadership role in delivery system reform.
								(c)Authorization
 of appropriationsThere are authorized to be appropriated to carry out this section, $20,000,000 for each of fiscal years 2016 through 2022.
					747C.Developing
				and promoting new competencies
					(a)Grants To
 develop and promote new competenciesIn order to foster curricular innovations to improve the education and training of health care providers, the Secretary shall award grants to medical and other health professions schools to promote priority competencies (as described in subsection (b)).
					(b)Priority
 competenciesIn awarding grants under subsection (a), the Secretary, acting through the Advisory Committee on Training in Primary Care Medicine and Dentistry, shall select an annual competency to direct the awarding of such grants. Such annual competencies may include—
 (1)patient-centered medical homes;
 (2)chronic disease management;
 (3)integration of primary care and mental health care;
 (4)integration of primary care, public and population health, and health promotion;
 (5)cultural competency;
 (6)domestic violence;
 (7)improving care in medically undeserved areas; and
 (8)team-based care.
						(c)Grant
 recipientsThe Secretary may award grants under subsection (a) to programs that provide education or training for—
 (1)physicians; (2)dentists and dental hygienists;
 (3)physician assistants;
 (4)mental and behavioral health providers;
 (5)public and populations health professionals; or
 (6)pharmacists. (d)Consideration in evaluating grant applicationsThe Secretary shall give consideration to applicants that are proposing to partner with other medical programs, health professions programs, or nursing programs.
					(e)Grantee
 reportsThe recipient of a grant under this section shall, not later than 180 days after the end of the grant period involved, submit to the Advisory Committee a report on the following (as appropriate):
 (1)A description of how the funding under the grant was used by the grantee.
 (2)A description of the intended goal of such funding.
 (3)A description of the challenges faced by the grantee in reaching the goal described in paragraph (2).
 (4)A description of the lessons learned by the grantee related to the grant activities.
						(f)Recommendations
 of the Advisory CommitteeThe Advisory Committee, based on the information submitted under subsection (e), shall annually report to the Secretary on outcomes of the activities carried out under grants under this section, including specific recommendations for scaling up innovations to promote education and training of health care providers in the priority competencies described in subsection (b).
					(g)Authorization
 of appropriationsThere are authorized to be appropriated, $10,000,000 for each of fiscal years 2016 through 2020 to carry out this section..
		4.Study on
 documentation requirements for cognitive serviceNot later than 3 years after the date of enactment of this Act, the Secretary of Health and Human Services shall seek to enter into a contract with the National Academy of Medicine whereby such National Academy conducts a study, and submits a report to Congress, concerning the documentation requirements for cognitive services (evaluation and management services) required under the Medicare and Medicaid programs under titles XVIII and XIX of the Social Security Act (42 U.S.C. 1395 et seq.; 1396 et seq.), and through private health insurers. Such study shall include an evaluation of—
 (1)how documentation requirements designed for paper-based records should be modified for electronic records;
 (2)whether the documentation requirements are overly burdensome on physicians and detract from patient care;
 (3)the administrative costs to physician practices of the current documentation requirements;
 (4)the average amount of time required by physicians to document cognitive services;
 (5)options to more appropriately compensate physicians for evaluation and management of patient care without requiring excessive documentation of cognitive services; and
 (6)recommendations for less burdensome alternatives or changes to existing documentation requirements of cognitive services.


115 HR 1036 IH: American Families United Act
U.S. House of Representatives
2017-02-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 1036IN THE HOUSE OF REPRESENTATIVESFebruary 14, 2017Mr. O'Rourke (for himself, Mr. Pearce, and Mr. Swalwell of California) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Immigration and Nationality Act to promote family unity, and for other purposes.

 1.Short titleThis Act may be cited as the American Families United Act. 2.FindingsCongress finds the following:
 (1)The rights and interests of U.S. citizens should be protected by our Nation’s immigration laws. (2)It is the intent of Congress to provide the Attorney General and Secretary of Homeland Security with the limited ability to provide fairness to the spouses, children and parents of American citizens in immigration proceedings on a case-by-case basis.
 3.Rules of ConstructionNothing in this Act shall be construed— (1)to provide the Attorney General or the Secretary of Homeland Security with the ability to expand the discretionary authority beyond a case-by-case basis; or
 (2)to provide, confirm or concur legalization or nationalization of persons covered under this Act, it is solely designed to address hardships incurred by a small minority of American families that are adversely affected by inadmissibility and deportation provisions that cause family separation.
			4.Waivers of inadmissibility
 (a)Aliens who entered as childrenSection 212(a)(9)(B)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)(iii)) is amended by adding at the end the following:

 (VI)Aliens who entered as childrenClause (i) shall not apply to an alien who is the beneficiary of an approved petition under section 101(a)(15)(H) and who has earned a baccalaureate or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), and had not yet reached the age of 16 years at the time of initial entry to the United States..
 (b)Aliens unlawfully presentSection 212(a)(9)(B)(v) of the Immigration and Nationality Act (8 U.S.C. 1181(a)(9)(B)(v)) is amended—
 (1)by striking spouse or son or daughter and inserting spouse, son, daughter, or parent; (2)by striking extreme; and
 (3)by inserting , child, after lawfully resident spouse. (c)Previous immigration violationsSection 212(a)(9)(C)(i) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(C)(i)) is amended by adding , other than an alien described in clause (iii) or (iv) of subparagraph (B), after Any alien.
			(d)False claims
				(1)Inadmissibility
 (A)In generalSection 212(a)(6)(C) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)) is amended to read as follows:

							(C)Misrepresentation
 (i)In generalAny alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or within the last 3 years has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.
								(ii)Falsely claiming citizenship
 (I)InadmissibilitySubject to subclause (II), any alien who knowingly misrepresents himself or herself to be a citizen of the United States for any purpose or benefit under this chapter (including section 274A) or any other Federal or State law is inadmissible.
 (II)Special ruleAn alien shall not be inadmissible under this clause if the misrepresentation described in subclause (I) was made by the alien when the alien—
 (aa)was under 18 years of age; or (bb)otherwise lacked the mental competence to knowingly misrepresent a claim of United States citizenship.
 (iii)WaiverThe Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of clause (i) or (ii)(I) for an alien, regardless whether the alien is within or outside the United States, if the Attorney General or the Secretary find that a determination of inadmissibility to the United States for such alien would—
 (I)result in hardship to the alien or to the alien’s parent, spouse, son, or daughter who is a citizen of the United States or an alien lawfully admitted for permanent residence; or
 (II)in the case of a VAWA self-petitioner, result in hardship to the alien or a parent or child of the alien who is a citizen of the United States, an alien lawfully admitted for permanent residence, or a qualified alien (as defined in section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b))).
 For purposes of this clause, family separation in and of itself shall be deemed to be a hardship.(iv)Limitation on reviewNo court shall have jurisdiction to review a decision or action of the Attorney General or the Secretary regarding a waiver under clause (iii)..
 (B)Conforming amendmentSection 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by striking subsection (i).
 (2)DeportabilitySection 237(a)(3)(D) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(3)(D)) is amended to read as follows:

 (D)Falsely claiming citizenshipAny alien described in section 212(a)(6)(C)(ii) is deportable.. (e)Definition of Conviction (1)In generalSection 101(a)(48) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(48)) is amended by striking subparagraphs (A) and (B) and inserting the following:

 (A)The term conviction means, with respect to an alien, a final, formal judgment of guilt entered by a court. Where a State or Federal court enters an adjudication or judgment of guilt that has been withheld, deferred, expunged, annulled, invalidated or vacated, or enters an order of probation without entry of judgment, or any similar disposition under State or Federal law such judgment or adjudication shall not be considered a conviction for purposes of this Act.
 (B)Any pardon entered by a State or Federal authority shall render the prior conviction null and void for all purposes under this Act.
 (C)Any reference to a term of imprisonment or a sentence with respect to an offense is deemed to include only the actual period of incarceration or confinement ordered by a court of law. The suspension of the imposition or execution of that imprisonment or sentence in whole or in part shall not be included as a part of the sentence for purposes of this Act..
 (2)Effective Date and ApplicationThe amendments made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to convictions and sentences entered before, on, or after the date of the enactment of this Act.
				5.Discretionary authority with respect to removal, deportation, ineligibility or inadmissibility of
			 citizen and resident immediate family members
 (a)Applications for relief from removalSection 240(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1229a(c)(4)) is amended by adding at the end the following:

 (D)Judicial discretionIn the case of an alien subject to removal, deportation, ineligibility or inadmissibility, the immigration judge may exercise discretion to decline to order the alien removable, deportable, ineligible or inadmissible from the United States and terminate proceedings or grant permission to reapply for admission or any application for relief from removal if the judge determines that such removal, deportation, ineligibility or inadmissibility is against the public interest or would result in hardship to the alien’s United States citizen or lawful permanent resident parent, spouse, or child, or the judge determines the alien is prima facie eligible for naturalization except that this subparagraph shall not apply to an alien whom the judge determines—
 (i)is inadmissible or deportable under— (I)subparagraph (B), (C), (D)(ii), (E), (H), or (I) of section 212(a)(2);
 (II)section 212(a)(3); (III)subparagraph (A), (C), or (D) of section 212(a)(10); or
 (IV)paragraph (2)(A)(ii), (2)(A)(v), (2)(F), (4), or (6) of section 237(a); or (ii)has—
 (I)engaged in conduct described in paragraph (9) or (10) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102); or
 (II)a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction.
							For purposes of this subparagraph, family separation in and of itself shall be deemed to be a
			 hardship and shall be deemed to be against the public interest..
 (b)Secretary’s discretionSection 212 of the Immigration and Nationality Act (8 U.S.C. 1182) is amended by adding at the end the following:

 (u)Secretary’s discretionIn the case of an alien who is inadmissible under this section or deportable under section 237 or ineligible under any provision of this Act, the Secretary of Homeland Security may exercise discretion to waive a ground of ineligibility, inadmissibility or deportability or grant permission to reapply for admission or any application for immigration benefits if the Secretary determines that such ineligibility, removal or refusal of admission is against the public interest or would result in hardship, including family separation, to the alien’s United States citizen or permanent resident parent, spouse, or child. For purposes of this subsection, family separation in and of itself shall be deemed to be a hardship and shall be deemed to be against the public interest. This subsection shall not apply to an alien whom the Secretary determines—
 (1)is inadmissible or deportable under— (A)subparagraph (B), (C), (D)(ii), (E), (H), or (I) of subsection (a)(2);
 (B)subsection (a)(3); (C)subparagraph (A), (C), or (D) of subsection (a)(10);
 (D)paragraph (2)(A)(ii), (2)(A)(v), (2)(F), or (6) of section 237(a); or (E)section 240(c)(4)(D)(ii)(II); or
 (2)has— (A)engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102);
 (B)a felony conviction described in section 101(a)(43) that would have been classified as an aggravated felony at the time of conviction;.
 (c)Reinstatement of removal ordersSection 241(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(a)(5)) is amended by striking the period at the end and inserting , unless the alien reentered prior to attaining the age of 18 years, or reinstatement of the prior order of removal would not be in the public interest or would result in hardship, including family separation, to the alien’s United States citizen or permanent resident parent, spouse, or child..


113 HR 1815 IH: Union Coercion Prevention Act
U.S. House of Representatives
2013-04-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1815
		IN THE HOUSE OF REPRESENTATIVES

			April 26, 2013
			Mr. Stockman
			 introduced the following bill; which was referred to the
			 Committee on Education and the
			 Workforce

		A BILL
		To protect workers from the corrupt and coercive
		  Card Check system of organizing labor unions.

		1.Short titleThis Act may be cited as the
			 Union Coercion Prevention
			 Act.
		2.Amendments to the
			 National Labor Relations Act
			(a)Unfair labor
			 practicesSection 8(b)(1) of the National Labor Relations Act (29
			 U.S.C. 158(b)(1)) is amended by inserting interfere with before
			 restrain.
			(b)Representatives
			 and electionsSection 9 of the National Labor Relations Act (29
			 U.S.C. 159) is amended—
				(1)in subsection
			 (a)—
					(A)by striking
			 designated or selected for the purposes of collective bargaining
			 and inserting for the purposes of collective bargaining selected by
			 secret ballot in an election conducted by the Board,; and
					(B)by inserting
			 before the period the following: : Provided further,
			 That, for purposes of determining the majority of the employees in a secret
			 ballot election in a unit, the term majority shall mean the
			 majority of all the employees in the unit, and not the majority of employees
			 voting in the election.
					(c)Fair
			 representation in electionsSection 9 of the National Labor
			 Relations Act (29 U.S.C. 159) is amended—
				(1)in subsection
			 (b), by inserting prior to an election after in each
			 case; and
				(2)in subsection
			 (c)—
					(A)in the flush
			 matter following paragraph (1)(B)—
						(i)by
			 inserting of 14 days in advance after appropriate hearing
			 upon due notice;
						(ii)by
			 inserting , and a review of post-hearing appeals, after
			 the record of such hearing; and
						(iii)by adding at
			 the end the following: No election shall be conducted less than 40
			 calendar days following the filing of an election petition. The employer shall
			 provide the Board a list of employee names and home addresses of all eligible
			 voters within 7 days following the Board's determination of the appropriate
			 unit or following any agreement between the employer and the labor organization
			 regarding the eligible voters.; and
						(B)by adding at the
			 end the following:

							(6)(A)No election shall take
				place after the filing of any petition unless and until—
									(i)a hearing is conducted before a
				qualified hearing officer in accordance with due process on any and all
				material, factual issues regarding jurisdiction, statutory coverage,
				appropriate unit, unit inclusion or exclusion, or eligibility of individuals;
				and
									(ii)the issues are resolved by a Regional
				Director, subject to appeal and review, or by the Board.
									(B)No election results shall be final
				and no labor organization shall be certified as the bargaining representative
				of the employees in an appropriate unit unless and until the Board has ruled
				on—
									(i)each pre-election issue not resolved
				before the election; and
									(ii)the Board conducts a hearing in
				accordance with due process and resolves each issue pertaining to the conduct
				or results of the
				election.
									.
					(d)PenaltiesSection
			 10 of the National Labor Relations Act (29 U.S.C. 160) is amended by inserting
			 after the second sentence following the second proviso, the following:
			 Any labor organization found to have interfered with, restrained, or
			 coerced employees in the exercise of their rights under section 7 to form or
			 join a labor organization or to refrain therefrom, including the filing of a
			 decertification petition, shall be liable for wages lost and union dues or fees
			 collected unlawfully, if any, and an additional amount as liquidated damages.
			 Any labor organization found to have interfered with, restrained, or coerced an
			 employee in connection with the filing of a decertification petition shall be
			 prohibited from filing objections to an election held pursuant to such
			 petition..


114 HR 5128 IH: Protection and Advocacy for Veterans Act
U.S. House of Representatives
2016-04-29
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
114th CONGRESS
2d Session
H. R. 5128
IN THE HOUSE OF REPRESENTATIVES

April 29, 2016
Mrs. Roby (for herself, Mr. Zeldin, and Ms. Titus) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

A BILL
To direct the Secretary of Veterans Affairs to establish a grant program to improve the monitoring of mental health and substance abuse treatment programs of the Department of Veterans Affairs.

1.Short titleThis Act may be cited as the Protection and Advocacy for Veterans Act.  2.Establishment of grant program to improve monitoring of mental health and substance abuse treatment programs of Department of Veterans Affairs (a)EstablishmentThe Secretary of Veterans Affairs shall establish a grant program to improve the monitoring of mental health and substance abuse treatment programs of the Department of Veterans Affairs.
(b)Grants
(1)Main grant
(A)AwardIn carrying out subsection (a), the Secretary shall award a grant to four protection and advocacy systems under which each protection and advocacy system shall carry out a demonstration project to investigate and monitor the care and treatment of veterans provided pursuant to chapter 17 of title 38, United States Code, for mental illness or substance abuse issues at medical facilities of the Department. (B)Minimum amountEach grant awarded under subparagraph (A) to a protection and advocacy system shall be an amount that is not less than $105,000 during each year that the protection and advocacy system carries out a demonstration project described in such subparagraph under the grant program.
(2)Collaboration grant
(A)AwardDuring each year in which a protection and advocacy system carries out a demonstration project under subparagraph (A) of such paragraph, the Secretary shall award a joint grant to a national organization with extensive knowledge of the protection and advocacy system and a veterans service organization in the amount of $80,000.  (B)CollaborationEach national organization and veterans service organization that is awarded a joint grant under subparagraph (A) shall use the grant to facilitate the collaboration between the national organization and the veterans service organization to—
(i)coordinate training and technical assistance for the protection and advocacy systems; and (ii)provide for data collection, reporting, and analysis in carrying out paragraph (1)(A).
(3)AuthorityIn carrying out a demonstration project under paragraph (1)(A), a protection and advocacy system shall have the authorities provided by section 105(a) of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10805(a)) with respect to a medical facility of the Department. (c)SelectionIn selecting the four protection and advocacy system to receive grants under subsection (b)(1)(A), the Secretary shall consider the following criteria:
(1)Whether the protection and advocacy system has demonstrated monitoring and investigation experience, along with knowledge of the issues facing veterans with disabilities. (2)Whether the State in which the protection and advocacy system operates—
(A)has low aggregated scores in the domains of mental health, performance, and access as rated by the Strategic Analytics Improvement and Learning database system (commonly referred to as SAIL); and (B)to the extent practicable, is representative of both urban and rural States.
(d)ReportsThe Secretary shall ensure that each protection and advocacy system participating in the grant program submits to the Secretary reports developed by the protection and advocacy system relating to an investigation or monitoring conducted pursuant to subsection (b)(1)(A). The Secretary shall designate an office of the Department of Veterans Affairs to receive each such report. (e)Duration; termination (1)DurationThe Secretary shall carry out the grant program established under subsection (a) for a period of five years.
(2)TerminationThe Secretary may terminate a demonstration project under subsection (b)(1)(A) before the five-year period described in paragraph (1) if the Secretary determines there is good cause for such termination. If the Secretary carries out such a termination, the Secretary shall award grants under subsection (b) to a new protection and advocacy system. (f)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out the grant program under subsection (a) $500,000 for each of fiscal years 2017 through 2021.
(g)DefinitionsIn this section: (1)The term protection and advocacy system has the meaning given the term eligible system in section 102(2) of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802(2)).
(2)The term State means each of the several States, territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.


113 HR 2213 IH: Border Communities Economic Security and Sustainability Act of 2013
U.S. House of Representatives
2013-05-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2213
		IN THE HOUSE OF REPRESENTATIVES

			May 24, 2013
			Mr. McCaul (for
			 himself and Mr. Cuellar) introduced
			 the following bill; which was referred to the
			 Committee on Homeland
			 Security, and in addition to the Committee on
			 Transportation and
			 Infrastructure, for a period to be subsequently determined by
			 the Speaker, in each case for consideration of such provisions as fall within
			 the jurisdiction of the committee concerned

		A BILL
		To incorporate into the design and construction of
		  reconfigured and new ports of entry certain concerns relating to border
		  location-dependent businesses, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Border Communities Economic Security and Sustainability Act
			 of 2013.
		2.Incorporation
			 into the design and construction of reconfigured and new ports of entry of
			 certain concerns relating to border location-dependent businessesNotwithstanding any other provision of law,
			 the Secretary of Homeland Security and the Administrator of the General
			 Services Administration, as an ongoing part of the efforts of the Department of
			 Homeland Security and the General Services Administration to reconfigure and
			 make more secure the country’s ports of entry, shall coordinate to the extent
			 practicable to ensure that appropriate measures are taken to accommodate
			 preexisting and border location-dependent businesses into the design and
			 construction of reconfigured and new ports of entry.


113 HR 2233 IH: Hurricane and Tornado Mitigation Investment Act of 2013
U.S. House of Representatives
2013-06-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2233
		IN THE HOUSE OF REPRESENTATIVES

			June 4, 2013
			Mr. Bilirakis
			 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 a
		  credit against tax for hurricane and tornado mitigation
		  expenditures.

		1.Short titleThis Act may be cited as the
			 Hurricane and Tornado Mitigation
			 Investment Act of 2013.
		2.Nonrefundable
			 personal credit for hurricane and tornado mitigation property
			(a)In
			 generalSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 is amended by inserting after section 25D the
			 following new section:

					25E.Hurricane and
				tornado mitigation property
						(a)Allowance of
				creditIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this chapter for the taxable year an amount
				equal to 25 percent of the qualified hurricane and tornado mitigation property
				expenditures made by the taxpayer during such taxable year.
						(b)Maximum
				creditThe credit allowed under subsection (a) for any taxable
				year shall not exceed $5,000.
						(c)Qualified
				hurricane and tornado mitigation expenditureFor purposes of this
				section—
							(1)In
				generalThe term qualified hurricane and tornado mitigation
				property expenditure means an expenditure for property—
								(A)to improve the
				strength of a roof deck attachment,
								(B)to create a
				secondary water barrier to prevent water intrusion,
								(C)to improve the
				durability of a roof covering,
								(D)to brace gable-end
				walls,
								(E)to reinforce the
				connection between a roof and supporting wall,
								(F)to protect
				openings from penetration by windborne debris, or
								(G)to protect
				exterior doors and garages,
								in a
				qualified dwelling unit located in a qualified State and owned by the
				taxpayer.(2)Qualified
				dwelling unitThe term
				qualified dwelling unit means a dwelling unit that is assessed at
				a value that is less than $1,000,000 by the locality in which such dwelling
				unit is located and with respect to the taxable year for which the credit
				described in subsection (a) is allowed.
							(3)Qualified
				StateThe term qualified State means Alabama,
				Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,
				Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
				Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New
				York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South
				Dakota, Tennessee, Texas, or Virginia.
							(d)LimitationAn
				expenditure shall be taken into account in determining the qualified hurricane
				and tornado mitigation property expenditures made by the taxpayer during the
				taxable year only if the onsite preparation, assembly, or original installation
				of the property with respect to which such expenditure is made has been
				completed in a manner that is deemed to be adequate by a State-certified
				inspector.
						(e)Labor
				costsFor purposes of this section, expenditures for labor costs
				properly allocable to the onsite preparation, assembly, or original
				installation of the property described in subsection (c) shall be taken into
				account in determining the qualified hurricane and tornado mitigation property
				expenditures made by the taxpayer during the taxable year.
						(f)Inspection
				costsFor purposes of this section, expenditures for inspection
				costs properly allocable to the inspection of the preparation, assembly, or
				installation of the property described in subsection (c) shall be taken into
				account in determining the qualified hurricane and tornado mitigation property
				expenditures made by the taxpayer during the taxable
				year.
						.
			(b)Conforming
			 amendmentThe table of sections for subpart A of part IV of
			 subchapter A of chapter 1 of such Code is amended by inserting after the item
			 relating to section 25D the following new item:

						Sec. 25E. Hurricane and tornado mitigation
				property.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2012.
			3.Business related
			 credit for hurricane and tornado mitigation
			(a)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 is amended by inserting after section 45R the
			 following new section:

					45S.Hurricane and
				tornado mitigation credit
						(a)General
				ruleFor purposes of section 38, the hurricane and tornado
				mitigation credit determined under this section for any taxable year is an
				amount equal to 25 percent of the qualified hurricane and tornado mitigation
				property expenditures made by the taxpayer during the taxable year.
						(b)Maximum
				creditThe amount of the credit determined under subsection (a)
				for any taxable year shall not exceed $5,000.
						(c)Qualified
				hurricane and tornado mitigation expenditureFor purposes of this
				section—
							(1)In
				generalThe term qualified hurricane and tornado mitigation
				property expenditure means an expenditure for property—
								(A)to improve the
				strength of a roof deck attachment,
								(B)to create a
				secondary water barrier to prevent water intrusion,
								(C)to improve the
				durability of a roof covering,
								(D)to brace gable-end
				walls,
								(E)to reinforce the
				connection between a roof and supporting wall,
								(F)to protect
				openings from penetration by windborne debris, or
								(G)to protect
				exterior doors and garages,
								in a
				qualified place of business located in a qualified State and owned by the
				taxpayer.(2)Qualified place
				of businessThe term
				qualified place of business means a place of business that is
				assessed at a value that is less than $5,000,000 by the locality in which such
				business is located and with respect to the taxable year for which the credit
				described in subsection (a) is allowed.
							(3)Qualified
				StateThe term qualified State means Alabama,
				Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,
				Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
				Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New
				York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, South
				Dakota, Tennessee, Texas, or Virginia.
							(d)LimitationAn
				expenditure shall be taken into account in determining the qualified hurricane
				and tornado mitigation property expenditures made by the taxpayer during the
				taxable year only if the onsite preparation, assembly, or original installation
				of the property with respect to which such expenditure is made has been
				completed in a manner that is deemed to be adequate by a State-certified
				inspector.
						(e)Labor
				costsFor purposes of this section, expenditures for labor costs
				properly allocable to the onsite preparation, assembly, or original
				installation of the property described in subsection (c) shall be taken into
				account in determining the qualified hurricane and tornado mitigation property
				expenditures made by the taxpayer during the taxable year.
						(f)Inspection
				costsFor purposes of this section, expenditures for inspection
				costs properly allocable to the inspection of the preparation, assembly, or
				installation of the property described in subsection (c) shall be taken into
				account in determining the qualified hurricane and tornado mitigation property
				expenditures made by the taxpayer during the taxable
				year.
						.
			(b)Conforming
			 amendments
				(1)Section 38(b) of
			 such Code is amended by striking plus at the end of paragraph
			 (35), by striking the period at the end of paragraph (36) and inserting
			 , plus, and by adding at the end the following new
			 paragraph:

						(37)the hurricane and
				tornado mitigation credit determined under section
				45S(a).
						.
				(2)The table of
			 sections for subpart D of part IV of subchapter A of chapter 1 of such Code is
			 amended by inserting after the item relating to section 45R the following new
			 item:

							Sec. 45S. Hurricane and tornado mitigation
				credit.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2012.


 HR 3144 ENR: To designate the facility of the United States Postal Service located at 8520 Michigan Avenue in Whittier, California, as the “Jose Ramos Post Office Building”.
U.S. House of Representatives

text/xml
EN
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I
One Hundred Sixteenth Congress of the United States of AmericaAt the First SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and nineteen
H. R. 3144

AN ACT
To designate the facility of the United States Postal Service located at 8520 Michigan Avenue in Whittier, California, as the Jose Ramos Post Office Building.

1.Jose Ramos Post Office Building
(a)DesignationThe facility of the United States Postal Service located at 8520 Michigan Avenue in Whittier, California, shall be known and designated as the Jose Ramos Post Office Building.  (b)ReferencesAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Jose Ramos Post Office Building.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


117 S797 IS: Platform Accountability and Consumer Transparency Act
U.S. Senate
2021-03-17
text/xml
EN
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II117th CONGRESS1st SessionS. 797IN THE SENATE OF THE UNITED STATESMarch 17 (legislative day, March 16), 2021Mr. Schatz (for himself and Mr. Thune) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo require transparency, accountability, and protections for consumers online.1.Short titleThis Act may be cited as the Platform Accountability and Consumer Transparency Act or the PACT Act.2.DefinitionsIn this Act:(1)CommissionExcept as otherwise provided, the term Commission means the Federal Trade Commission.(2)DemonetizeThe term demonetize, with respect to content on an interactive computer service, means to take action to prohibit the information content provider that generated or disseminated the content from receiving direct financial compensation from the interactive computer service provider based on the content.(3)DeprioritizeThe term deprioritize, with respect to content on an interactive computer service, means to take affirmative, content-specific action to reduce the priority level of the content. (4)Illegal activityThe term illegal activity means activity conducted by an information content provider that has been determined by a trial or appellate Federal or State court to violate Federal criminal or civil law.(5)Illegal contentThe term illegal content means information provided by an information content provider that has been determined by a trial or appellate Federal or State court to violate—(A)Federal criminal or civil law; or(B)State defamation law.(6)Individual providerThe term individual provider means a provider of an interactive computer service that, during the most recent 12-month period—(A)received fewer than 100,000 unique monthly visitors; and(B)accrued revenue of less than $1,000,000. (7)Information content providerThe term information content provider has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230). (8)Interactive computer serviceThe term interactive computer service has the meaning given the term in section 230 of the Communications Act of 1934 (47 U.S.C. 230).(9)Potentially policy-violating contentThe term potentially policy-violating content means content that may violate the acceptable use policy of the provider of an interactive computer service.(10)Small business providerThe term small business provider means a provider of an interactive computer service that is not an individual provider and, during the most recent 12-month period—(A)received fewer than 1,000,000 unique monthly visitors; and(B)accrued revenue of less than $50,000,000.3.FindingsCongress finds the following:(1)Technological advancements involving the internet and interactive computer service providers have led to innovations that offer substantial benefit to the people and the economy of the United States.(2)People in the United States increasingly rely on interactive computer services to communicate, gather information, and conduct transactions that are central to our economic, political, social, and cultural life.(3)The content moderation decisions made by providers of interactive computer services shape the online information ecosystem available to people in the United States and impact free expression.(4)There is a compelling government interest in having providers of interactive computer services provide information to the public about their content moderation policies and practices because of the impact those policies may have on the speech interests of their consumers.(5)The people of the United States benefit from transparent information about the decisions interactive computer service providers make regarding their content moderation practices, including removing, maintaining, blocking, amplifying, prioritizing, or deprioritizing information provided by other consumers.(6)The Federal Government should hold interactive computer service providers accountable when they fail to respond to consumers’ concerns about their content moderation decisions.(7)Federal and State court decisions and Federal statutes and regulations that apply to offline commerce do not always govern online commerce and communications.(8)The rights of consumers should extend to online commerce and communications to provide a level playing field for all consumers and companies, and to prevent wrongdoing and victimization of people in the United States.4.PolicyIt is the policy of the United States—(1)to preserve the internet and other interactive computer services as forums for diversity of political discourse, opportunities for cultural development, and places for intellectual and commercial activity;(2)to ensure consumers have accessible and clear information about the acceptable use policies of interactive computer service providers so that consumers are informed about the content moderation policies and practices of those providers when they participate in, or engage with, those services;(3)to create accountability and transparency measures to diminish the likelihood that interactive computer service providers are engaging in unfair or deceptive practices;(4)to encourage the development and use of technologies that minimize illegal activities and content and potentially policy-violating content;(5)to ensure that the consumer rights of users of interactive computer services are maintained and extended to activities that the users may participate in online; and(6)to hold interactive computer service providers accountable, and exempt them from immunity protections under section 230 of the Communications Act of 1934 (commonly known as section 230 of the Communications Decency Act of 1996) (47 U.S.C. 230), when they help develop illegal content or contribute to illegal content or conduct online.5.Transparency and process requirements(a)Acceptable use policy(1)Publication of acceptable use policyA provider of an interactive computer service shall publish an acceptable use policy in accordance with paragraph (2) in a location that is easily accessible to the user.(2)Contents of policyThe acceptable use policy of a provider of an interactive computer service shall—(A)reasonably inform users about the types of content that are allowed on the interactive computer service;(B)explain the steps the provider takes to ensure content complies with the acceptable use policy;(C)explain the means by which users can notify the provider of potentially policy-violating content, illegal content, or illegal activity, which shall include—(i)subject to subsection (e), making available a live company representative through a toll-free telephone number during regular business hours for not fewer than 8 hours per day and 5 days per week to assist users with the process of making a complaint;(ii)an email address or relevant intake mechanism to handle user complaints; and(iii)subject to subsection (e), a complaint system described in subsection (b); and(D)include publication of a biannual transparency report outlining actions taken to enforce the policy, as described in subsection (d).(b)Complaint systemSubject to subsection (e), a provider of an interactive computer service shall provide a system that is easily accessible to a user through which the user may submit in good faith, and track, a complaint regarding any content or activity on the interactive computer service, including a complaint regarding—(1)potentially policy-violating content, illegal content, or illegal activity; or(2)a decision of the interactive computer service provider to remove content posted by the information content provider.(c)Processing of complaints(1)Complaints regarding illegal content, illegal activity, or potentially policy-violating content(A)Illegal content or illegal activity(i)In generalSubject to subsection (e), and except as provided in clause (ii), if a provider of an interactive computer service receives notice of illegal content or illegal activity on the interactive computer service that substantially complies with the requirements under paragraph (3)(B)(ii) of section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)), as added by section 6(a), the provider shall remove the content or stop the activity not later than 4 days after receiving the notice, subject to reasonable exceptions, including concerns about the legitimacy of the notice.(ii)Timeline for notice emanating from default judgments and stipulated agreementsIf a notice of illegal content or illegal activity described in clause (i) emanates from a default judgment or stipulated agreement, that clause shall be applied by substituting 10 days for 4 days.(B)Potentially policy-violating contentSubject to subsection (e), if a provider of an interactive computer service receives a complaint made in good faith through the complaint system of the provider established under subsection (b) regarding potentially policy-violating content on the interactive computer service, the provider shall, not later than 14 days after receiving the complaint—(i)review the content;(ii)determine whether the content adheres to the acceptable use policy of the provider; and(iii)initiate appropriate steps based on the determination made under clause (ii), subject to reasonable extensions in cases requiring extraordinary investigation.(2)Process after removal of content(A)Removal based on user complaint(i)In generalSubject to clause (ii), if a provider of an interactive computer service removes potentially policy-violating content based on a user complaint, the provider of the interactive computer service shall, concurrently with the removal—(I)notify the information content provider and the complainant of the removal and explain why the content was removed;(II)allow the information content provider to appeal the decision; and(III)notify the information content provider and the complainant of—(aa)the determination regarding the appeal under subclause (II); and(bb)in the case of a reversal of the decision to remove the content in question, the reason for the reversal.(ii)ExceptionsA provider of an interactive computer service shall not be required to provide an information content provider with notice or an opportunity to appeal under clause (i) if—(I)the provider of the interactive computer service is unable to contact the information content provider after taking reasonable steps to do so; or(II)(aa)the provider of the interactive computer service reasonably believes that such notice would risk imminent harm to any person or impede law enforcement activities; or(bb)a law enforcement agency, based on a reasonable belief that such notice would interfere with an ongoing investigation, requests that the provider of the interactive computer service not provide such notice.(B)Removal based on moderation decisions of interactive computer service providerIf a provider of an interactive computer service receives notice, through a complaint from the information content provider, that the provider of the interactive computer service removed content of the information content provider that the information content provider believes does not violate the acceptable use policy of the provider of the interactive computer service, the provider of the interactive computer service shall, not later than 14 days after receiving notice—(i)review the content;(ii)determine whether the content adheres to the acceptable use policy of the provider of the interactive computer service;(iii)take appropriate steps based on the determination made under clause (ii); and(iv)notify the information content provider regarding the determination made under clause (ii) and steps taken under clause (iii).(d)Biannual transparency report(1)In generalSubject to subsection (e), as part of the acceptable use policy required under subsection (a), a provider of an interactive computer service shall publish a transparency report every 6 months in accordance with this subsection.(2)RequirementsA provider of an interactive computer service shall include in the transparency report required under paragraph (1)—(A)the total number of unique monthly visitors to the interactive computer service during the preceding 6-month and 12-month periods;(B)the number of instances during the preceding 6-month period in which illegal content, illegal activity, or potentially policy-violating content was flagged—(i)due to a complaint by a user of the interactive computer service;(ii)internally, by—(I)an employee or contractor of the provider; or(II)an internal automated detection tool, not including content or activity identified as—(aa)spam; or(bb)fraudulent activity; or(iii)by another type of entity, such as a government agency, third-party researcher, or other provider of an interactive computer service;(C)the number of instances during the preceding 6-month period in which the interactive computer service provider took action with respect to illegal content, illegal activity, or known potentially policy-violating content due to its nature as illegal content, illegal activity, or known potentially policy-violating content, respectively, and the type of action taken, including the number of instances of content removal, content demonetization, content deprioritization, appending content with an assessment, account suspension, account removal, or any other action taken in accordance with the acceptable use policy of the provider, categorized by—(i)the category of rule violated, with respect to the acceptable use policy;(ii)the source of the flag, including government, user, internal automated detection tool, coordination with other interactive computer service providers, or personnel employed or contracted for by the provider;(iii)the country of the information content provider; and(iv)whether the action was in response to a coordinated campaign, as determined by the interactive computer service provider; (D)the number of instances during the preceding 6-month period in which the interactive computer service provider decided to not take action under subsection (c)(1)(B)(iii) with respect to content that violated the acceptable use policy of the provider;(E)(i)the number of instances during the preceding 6-month period in which an information content provider appealed a decision to remove potentially policy-violating content; and(ii)the percentage of appeals described in clause (i) that resulted in the restoration of content;(F)a descriptive summary of the kinds of tools, practices, actions, and techniques used during the preceding 6-month period in enforcing the acceptable use policy of the interactive computer service provider that does not jeopardize the effectiveness of these tools; and(G)any other information with respect to the preceding 6-month period that would enhance the effectiveness of the transparency report, as determined by the interactive computer service provider.(3)PrivacyAn interactive computer service provider shall publish the transparency report under paragraph (1) in a manner that preserves the privacy of information content providers.(4)FormatA provider of an interactive computer service shall publish the information described in paragraph (2) with an open license, in a machine-readable and open format, and in a location that is easily accessible to consumers.(e)Individual and small business provider exemptions(1)Individual providersThe following provisions shall not apply to an individual provider:(A)Clauses (i) and (iii) of subsection (a)(2)(C) (relating to a live company representative and a complaint system, respectively).(B)Subsection (b) (relating to a complaint system).(C)Paragraphs (1)(B) and (2) of subsection (c) (relating to processing complaints regarding potentially policy-violating content and the process after removal of such content, respectively).(D)Subsection (d) (relating to a transparency report).(2)Small business providers(A)In generalThe following provisions shall not apply to a small business provider:(i)Subsection (a)(2)(C)(i) (relating to a live company representative).(ii)Subsection (d) (relating to a transparency report). (B)Deadline for processing complaints regarding potentially policy-violating contentSubsection (c)(1)(B) shall be applied to a small business provider by substituting 21 days for 14 days.(f)Internet infrastructure service exemptionSubsections (a) through (e) shall not apply to—(1)a provider of an interactive computer service that is used by another interactive computer service for the management, control, or operation of that other interactive computer service, including for services such as web hosting, domain registration, content delivery networks, caching, security, back-end data storage, and cloud management; or(2)a provider of broadband internet access service, as that term is defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation).(g)Enforcement by Commission(1)Unfair or deceptive acts or practices(A)In generalA violation of subsection (c)(1)(B), (c)(2), or (d) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).(B)Limitation on authorityNothing in subparagraph (A) shall be construed to supersede paragraph (1) or (2) of section 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) or to otherwise authorize the Commission to review any action or decision by a provider of an interactive computer service related to the application of the acceptable use policy of the provider.(2)Powers of Commission(A)In generalExcept as provided in subparagraph (C), the Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act.(B)Privileges and immunitiesExcept as provided in subparagraph (C), any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).(C)Nonprofit organizationsNotwithstanding section 4 of the Federal Trade Commission Act (15 U.S.C. 44) or any jurisdictional limitation of the Commission, the Commission shall also enforce this section, in the same manner provided in subparagraphs (A) and (B) of this paragraph, with respect to organizations not organized to carry on business for their own profit or that of their members.(h)No effect on other lawsNothing in this section shall impair, limit, expand, or otherwise affect the scope or application of—(1)rule 65 of the Federal Rules of Civil Procedure;(2)section 1651 of title 28, United States Code (commonly known as the All Writs Act); or(3)any law pertaining to intellectual property, including—(A)title 17, United States Code; and(B)the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly known as the Trademark Act of 1946 or the Lanham Act) (15 U.S.C. 1051 et seq.).(i)GAO report on whistleblower protection and awardsNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit a report to Congress assessing the viability, including the anticipated cost and benefit to consumers, of establishing a whistleblower protection and award program for employees and contractors of interactive computer services, to be administered by the Commission, that would enable reporting and enforcement of violations of consumer protections that take place online.(j)NIST voluntary framework(1)In generalNot later than 18 months after the date of enactment of this Act, the Director of the National Institute of Standards and Technology shall develop a voluntary framework, with input from relevant experts, that consists of nonbinding standards, guidelines, and best practices to manage risk and shared challenges related to, for the purposes of this Act, good faith moderation practices by interactive computer service providers.(2)ContentsThe framework developed under paragraph (1) shall include—(A)technical standards and processes for the sharing of information among providers of an interactive computer service;(B)recommendations on automated detection tools and the appropriate nature and level of human review to correct for machine error in assessing nuanced or context-specific issues;(C)standards and processes for providing researchers access to data to conduct scientific, historical, statistical, and other relevant research, including with respect to content that is removed, demonetized, or deprioritized by the provider of an interactive computer service; and(D)methods to strengthen the capacity of a provider of an interactive computer service to authenticate documentation of a determination by a court that content or an activity violates Federal law or State defamation law.6.Protection exemptions(a)Exemption from liability protectionSection 230(c) of the Communications Act of 1934 (47 U.S.C. 230(c)) is amended by adding at the end the following:(3)Protection exemption(A)In generalSubject to subparagraph (B), the protection under paragraph (1) shall not apply to a provider of an interactive computer service, with respect to illegal content shared or illegal activity occurring on the interactive computer service, if the provider—(i)has actual knowledge of the illegal content or illegal activity; and(ii)does not remove the illegal content or stop the illegal activity—(I)within 4 days of acquiring that knowledge, subject to reasonable exceptions based on concerns about the legitimacy of the notice; or(II)if the knowledge is acquired from a notice that emanates from a default judgment or stipulated agreement—(aa)within 10 days of acquiring that knowledge; or(bb)if the provider seeks to vacate the default judgment or stipulated agreement under subparagraph (B)(i)(III) and the proceeding initiated under that subparagraph results in a determination that the default judgment or stipulated agreement should remain intact, within 24 hours of that determination.(B)Notice emanating from default judgment or stipulated agreement(i)Vacatur of default judgment or stipulated agreementSubparagraph (A) shall not apply to a provider of an interactive computer service if—(I)a notice of illegal content or illegal activity described in that subparagraph emanates from a default judgment or stipulated agreement;(II)the notice described in subclause (I) does not include a sworn affidavit with sufficient evidence to constitute a prima facie showing in support of each underlying cause of action upon which the default judgment or stipulated agreement was obtained;(III)not later than 10 days after receiving the notice, the interactive computer service provider files, in good faith, to intervene and seek to vacate the default judgment or stipulated agreement in the court in which the judgment was obtained; and(IV)the proceeding initiated under subclause (III) results in vacatur of the default judgment or stipulated agreement.(ii)Costs and feesIf the proceeding initiated under clause (i)(III) results in a determination that the default judgment or stipulated agreement was sought fraudulently, the provider of the interactive computer service may seek reimbursement of costs and fees relating to the proceeding.(C)Notice of illegal content or illegal activity(i)In generalA provider of an interactive computer service shall be deemed to have actual knowledge of illegal content or illegal activity for purposes of subparagraph (A) only if the provider receives notice of such content or activity that substantially complies with the requirements under clause (ii) of this subparagraph.(ii)ElementsNotice of illegal content or illegal activity provided to a provider of an interactive computer service as described in clause (i) shall be in writing and include the following:(I)A copy of the order from a trial or appellate Federal or State court, in its entirety, and unsealed if the court has ordered it to be sealed, under which the content or activity was determined to violate Federal criminal or civil law or State defamation law, and to the extent available, any references substantiating the validity of the order, such as the web addresses of public court docket information.(II)Information that is reasonably sufficient to allow the provider to identify and locate the illegal content or illegal activity, including each user or account engaged in the illegal activity and specific locations of content or accounts involved in the illegal content or activity, such as URLs, links, or unique usernames.(III)Information reasonably sufficient to permit the provider to contact the complaining party, which shall include—(aa)if the complaining party is a user of the interactive computer service, information identifying the user account; and(bb)if the complaining party is not a user of the interactive computer service, an email address of the complaining party.(IV)A statement by the complaining party, made under penalty of perjury in accordance with section 1746 of title 28, United States Code, that—(aa)the information in the notice is accurate; and(bb)the content or activity described in the notice has been determined by a trial or appellate Federal or State court to violate Federal criminal or civil law or State defamation law.(D)Notice to information content provider before removal or stoppingA provider of an interactive computer service that receives notice of illegal content or illegal activity shall notify the information content provider before removing the content or stopping the activity, subject to commercially reasonable expectations.(E)Limitations for internet infrastructure servicesSubparagraph (A) shall not apply with respect to—(i)an interactive computer service that is used by another interactive computer service for the management, control, or operation of that other interactive computer service, including for services such as web hosting, domain registration, content delivery networks, caching, security, back-end data storage, and cloud management; or(ii)a provider of broadband internet access service, as that term is defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation).(F)Monitoring or affirmative fact-seeking not requiredNothing in this paragraph shall be construed to condition the applicability of paragraph (1) to a provider of an interactive computer service on the provider monitoring the interactive computer service or affirmatively seeking facts indicating illegal content or illegal activity in order to identify instances of content or activity additional to any instances about which the provider has received notice.(G)Enforcement exemptionNothing in this paragraph shall be construed to impair or limit the application of paragraph (1) or (2) of subsection (e).(H)No effect on other lawsNothing in this paragraph shall impair, limit, expand, or otherwise affect the scope or application of—(i)rule 65 of the Federal Rules of Civil Procedure;(ii)section 1651 of title 28, United States Code (commonly known as the All Writs Act); or(iii)any law pertaining to intellectual property, including—(I)title 17, United States Code; and(II)the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes”, approved July 5, 1946 (commonly known as the “Trademark Act of 1946” or the Lanham Act) (15 U.S.C. 1051 et seq.)..(b)DefinitionsSection 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)) is amended by adding at the end the following:(5)Illegal activityThe term illegal activity means activity conducted by an information content provider that has been determined by a trial or appellate Federal or State court to violate Federal criminal or civil law.(6)Illegal contentThe term illegal content means information provided by an information content provider that has been determined by a trial or appellate Federal or State court to violate—(A)Federal criminal or civil law; or(B)State defamation law..(c)Technical correctionSection 230(c)(2)(B) of the Communications Act of 1934 (47 U.S.C. 230(c)(2)(B)) is amended by striking paragraph (1) and inserting subparagraph (A).7.Federal and State enforcement Section 230(e)(1) of the Communications Act of 1934 (47 U.S.C. 230(e)) is amended to read as follows:(1)No effect on Federal criminal or civil lawNothing in this section shall be construed to limit, impair, or prevent the enforcement or investigation by the Federal Government or a State attorney general, as applicable, of—(A)any other Federal criminal or civil statute; or(B)any regulation of an Executive agency (as defined in section 105 of title 5, United States Code) or an establishment in the legislative branch of the Federal Government..8.SeverabilityIf any provision of this Act or an amendment made by this Act, or the application of such a provision or amendment to any person or circumstance, is held to be unenforceable or invalid, the remaining provisions of this Act and amendments made by this Act, and the application of the provision or amendment so held to other persons not similarly situated or to other circumstances, shall not be affected thereby.9.Effective dateThis Act and the amendments made by this Act shall take effect on the date that is 18 months after the date of enactment of this Act.


		II
		Calendar No. 850
		110th CONGRESS
		2d Session
		S. 2979
		IN THE SENATE OF THE UNITED STATES

			May 6, 2008
			Mr. Kerry (for himself,
			 Mr. Whitehouse, Mr. Schumer, Mr.
			 Biden, Mr. Levin,
			 Mr. Sanders, Mr. Corker, Mr.
			 Feingold, Mr. Cardin,
			 Mr. Gregg, and Ms. Landrieu) introduced the following bill; which
			 was read twice and referred to the Committee on the Judiciary

			June 26, 2008
			 Reported by Mr. Leahy,
			 without amendment

		A BILL
		To exempt the African National Congress from treatment as
		  a terrorist organization, and for other purposes.

		1.Exemption of African National
			 Congress from treatment as terrorist organization for certain acts or
			 eventsSection 691(b) of the
			 Department of State, Foreign Operations, and Related Programs Appropriations
			 Act, 2008 (division J of Public Law 110–161; 121 Stat. 2365) is amended by
			 inserting African National Congress (ANC), after the
			 Karenni National Progressive Party,.
		2.Relief for
			 certain members of the African National Congress regarding
			 admissibility
			(a)Exemption
			 authorityThe Secretary of State, after consultation with the
			 Attorney General and the Secretary of Homeland Security, or the Secretary of
			 Homeland Security, after consultation with the Secretary of State and the
			 Attorney General, may waive, in such Secretary’s sole unreviewable discretion,
			 the applicability of paragraphs (2)(A), (2)(B), and (3)(B) of section 212(a) of
			 the Immigration and Nationality Act (8 U.S.C. 1182(a)) with respect to aliens
			 that participated in activities undertaken in opposition to apartheid rule in
			 South Africa.
			(b)Sense of
			 CongressIt is the sense of Congress that the Secretary of State
			 and the Secretary of Homeland Security should immediately exercise, as
			 appropriate, the authority under subsection (a) to exempt the anti-apartheid
			 activities of aliens who are current or former officials of the Government of
			 the Republic of South Africa.
			3.Removal of
			 certain affected individuals from certain United States Government
			 databasesThe Secretary of
			 State, in coordination with the Attorney General, the Secretary of Homeland
			 Security, the Director of the Federal Bureau of Investigation, and the Director
			 of National Intelligence, shall take all necessary steps to ensure that
			 databases used to determine admissibility to the United States are updated so
			 that they are consistent with the waivers authorized under section 2.

		June 26, 2008
		Reported without amendment


116 HR 1619 IH: Jobs, Not Waste Act of 2019
U.S. House of Representatives
2019-03-07
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
116th CONGRESS1st Session
H. R. 1619
IN THE HOUSE OF REPRESENTATIVES

March 7, 2019
Mrs. Lee of Nevada (for herself, Mr. Horsford, and Mr. Amodei) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To prohibit the Secretary of Energy from taking any action relating to the licensing, planning, development, or construction of a nuclear waste repository until the Director of the Office of Management and Budget submits to Congress a study on the economic viability and job-creating benefits of alternative uses of the Yucca Mountain site, and for other purposes.

1.Short titleThis Act may be cited as the Jobs, Not Waste Act of 2019. 2.Studying the economic benefit of alternative uses of Yucca Mountain site (a)Definition of Yucca Mountain siteIn this Act, the term Yucca Mountain site has the meaning given the term in section 2 of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101).
(b)Study; hearingsThe Secretary of Energy may not take any action relating to the licensing, planning, development, or construction of a nuclear waste repository at the Yucca Mountain site until— (1)the Director of the Office of Management and Budget submits to Congress, and makes available to the public, a study on the economic viability and job-creating benefits of alternative uses of the Yucca Mountain site as described in the report of the Government Accountability Office numbered GAO–11–847 and dated September 2011, including—
(A)defense activities, such as a command facility for unmanned aircraft systems; (B)a secure electronic data center;
(C)the development of renewable energy sources; and (D)scientific research; and
(2)each of the appropriate committees of Congress holds a hearing on the alternative uses of the Yucca Mountain site described in subparagraphs (A) through (D) of paragraph (1).