116 HR 4120 IH: First-Time Homeowners Assistance Act of 2019
U.S. House of Representatives
2019-07-30
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.

I116th CONGRESS1st SessionH. R. 4120IN THE HOUSE OF REPRESENTATIVESJuly 30, 2019Mr. Lawson of Florida (for himself and Ms. Tlaib) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to provide for the tax treatment of first-time homeowner
			 assistance programs established by States.

 1.Short titleThis Act may be cited as the First-Time Homeowners Assistance Act of 2019. 2.Qualified first-time homeowner assistance program (a)In generalPart VIII of subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

					530A.Qualified first-time homeowner assistance program
 (a)General ruleA qualified first-time homeowner assistance program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations).
 (b)Qualified first-Time homeowner assistance programFor purposes of this section— (1)In generalThe term qualified first-time homeowner assistance program means a program established and maintained by a State, or agency or instrumentality thereof—
 (A)under which a person may make contributions to a first-time homeowner assistance account, (B)under which neither contributors nor beneficiaries are prohibited by reason of residency within the State, and
 (C)which meets the other requirements of this subsection. (2)Cash contributionsA program shall not be treated as a qualified first-time homeowner assistance program unless it provides that contributions—
 (A)may only be made in cash, (B)may not be made after the date on which the account beneficiary attains age 40, or
 (C)except in the case of rollover contributions, if such contribution would result in aggregate contributions for all taxable years exceeding $20,000.
 (3)Separate accountingA program shall not be treated as a qualified first-time homeowner assistance program unless it provides separate accounting for each designated beneficiary.
 (4)Limited investment directionA program shall not be treated as a qualified first-time homeowner assistance program unless it provides that any contributor to, or designated beneficiary under, such program may, directly or indirectly, direct the investment of any contributions to the program (or any earnings thereon) no more than 2 times in any calendar year.
 (5)No pledging of interest as securityA program shall not be treated as a qualified first-time homeowner assistance program if it allows any interest in the program or any portion thereof to be used as security for a loan.
 (6)Certain restrictions disallowedA program shall not be treated as a qualified first-time homeowner assistance program unless, with respect to each first-time homeowner assistance account, the program does not—
 (A)prohibit the designated beneficiary from acquiring or constructing a principal residence outside of the State,
 (B)limit any State tax preferences for contributions to these accounts based on the residence of the contributor or the designated beneficiary, or
 (C)condition withdrawals, or limit any State tax preferences for withdrawals, from these accounts from being applied only with respect to residences located within the State.
 (c)First-Time homeowner assistance accountFor purposes of this section— (1)In generalThe term first-time homeowner assistance account means an account established under a qualified first-time homeowner assistance program for the purpose of providing qualified down payment assistance to the designated beneficiary of the account.
							(2)Qualified down payment assistance
 (A)In generalThe term qualified down payment assistance means a distribution— (i)to a designated beneficiary who is a first-time homeowner of a principal residence in the United States,
 (ii)under a qualified first-time homeowner assistance program in connection with the acquisition, construction, or substantial improvement of a principal residence at or before the time of such acquisition or construction, and
 (iii)the amount of which, when added to all prior qualified down payment assistance under this subparagraph during any taxable year, does not exceed 10 percent of the cost of acquiring, constructing, or substantially improving the principal residence of the designated beneficiary.
 (B)First-time homeownerThe term first-time homeowner means any individual if such individual (and if married, such individual’s spouse) had no present ownership interest in a principal residence during the 3-year period ending on the date of the acquisition, construction, or substantial improvement of the principal residence.

									(C)
									Principal residence
 The term principal residence has the same meaning as when used in section 121. (D)ExceptionA residence may be taken into account for purposes of this paragraph only if—
 (i)the residence is not acquired from a person related to the person acquiring such residence (or, if married, such individual’s spouse), and
 (ii)the basis of the residence in the hands of the person acquiring such residence is not determined— (I)in whole or in part by reference to the adjusted basis of such residence in the hands of the person from whom acquired, or
 (II)under section 1014(a) (relating to property acquired from a decedent). (E)ConstructionA residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence.
								(F)Special rules relating to marriage
 (i)Married couples must file joint returnIf the designated beneficiary is married on the date of the distribution, the distribution shall not be treated as qualified down payment assistance unless the taxpayer and the taxpayer’s spouse file a joint return for the taxable year.
 (ii)Marital statusAn individual legally separated from his spouse under a decree of divorce or of separate maintenance shall not be considered as married.
 (3)Designated beneficiaryThe term designated beneficiary with respect to a first-time homeowner assistance account means— (A)the individual designated at the establishment of the account as the beneficiary of amounts paid (or to be paid) to the account, and
 (B)in the case of a change in beneficiaries described in subsection (d)(3)(C), the individual who is the new beneficiary of the account.
 (4)Member of familyThe term member of the family means, with respect to any designated beneficiary— (A)the spouse of such beneficiary,
 (B)an individual who bears a relationship to such beneficiary which is described in subparagraphs (A) through (G) of section 152(d)(2),
 (C)the spouse of any individual described in subparagraph (B), and (D)any first cousin of such beneficiary.
								(d)Tax treatment of designated beneficiaries and contributors
 (1)In generalExcept as otherwise provided in this subsection, no amount shall be includible in gross income of— (A)a designated beneficiary under a qualified first-time homeowner assistance program, or
 (B)a contributor to such program on behalf of a designated beneficiary, with respect to any distribution or earnings under such program.
 (2)Gift tax treatment of contributionsFor purposes of chapters 12 and 13— (A)In generalAny contribution to a qualified first-time homeowner assistance program on behalf of any designated beneficiary—
 (i)shall be treated as a completed gift to such beneficiary which is not a future interest in property, and
 (ii)shall not be treated as a qualified transfer under section 2503(e). (B)Treatment of excess contributions for gift tax purposesIf the aggregate amount of contributions described in subparagraph (A) during the calendar year by a donor exceeds the limitation for such year under section 2503(b), such aggregate amount shall, at the election of the donor, be taken into account for purposes of such section ratably over the 5-year period beginning with such calendar year.
								(3)Distributions
 (A)In generalAny distribution under a qualified first-time homeowner assistance program shall be includible in the gross income of the distributee in the manner as provided under section 72 to the extent not excluded from gross income under this paragraph.
 (B)Distributions for qualified down payment assistanceFor purposes of this paragraph, if— (i)distributions under a qualified first-time homeowner assistance program do not exceed the qualified down payment assistance, no amount shall be includible in gross income, and
 (ii)in any other case, the amount otherwise includible in gross income shall be reduced by an amount which bears the same ratio to such amount as such assistance bear to such distributions.
									(C)Change in beneficiaries or programs
 (i)RolloversSubparagraph (A) shall not apply to that portion of any distribution which, within 60 days of such distribution, is transferred—
 (I)to another qualified distribution under a qualified first-time homeowner assistance program or the benefit of the designated beneficiary, or
 (II)to the credit of another designated beneficiary under a qualified distribution under a qualified first-time homeowner assistance program who is a member of the family of the designated beneficiary with respect to which the distribution was made.
 (ii)Change in designated beneficiariesAny change in the designated beneficiary of an interest in a qualified distribution under a qualified first-time homeowner assistance program shall not be treated as a distribution for purposes of subparagraph (A) if the new beneficiary is a member of the family of the old beneficiary.
 (iii)Limitation on certain rolloversClause (i)(I) shall not apply to any transfer if such transfer occurs within 12 months from the date of a previous transfer to any qualified distribution under a qualified first-time homeowner assistance program for the benefit of the designated beneficiary.
									(4)Estate tax treatment
 (A)In generalNo amount shall be includible in the gross estate of any individual for purposes of chapter 11 by reason of an interest in a qualified distribution under a qualified first-time homeowner assistance program.
 (B)Amounts includible in estate of designated beneficiary in certain casesSubparagraph (A) shall not apply to amounts distributed on account of the death of a beneficiary. (C)Amounts includible in estate of donor making excess contributionsIn the case of a donor who makes the election described in paragraph (2)(B) and who dies before the close of the 5-year period referred to in such paragraph, notwithstanding subparagraph (A), the gross estate of the donor shall include the portion of such contributions properly allocable to periods after the date of death of the donor.
 (5)Other gift tax rulesFor purposes of chapters 12 and 13— (A)Treatment of distributionsExcept as provided in subparagraph (B), in no event shall a distribution from a qualified distribution under a qualified first-time homeowner assistance program be treated as a taxable gift.
 (B)Treatment of designation of new beneficiaryThe taxes imposed by chapters 12 and 13 shall apply to a transfer by reason of a change in the designated beneficiary under the program (or a rollover to the account of a new beneficiary) unless the new beneficiary is—
 (i)assigned to the same generation as (or a higher generation than) the old beneficiary (determined in accordance with section 2651), and
 (ii)a member of the family of the old beneficiary. (6)Additional tax for distributions not used for qualified downpayment assistance (A)In generalThe tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from a qualified first-time homeowner assistance program which is includible in gross income shall be increased by 10 percent of the amount which is so includible.
 (B)ExceptionsSubparagraph (A) shall not apply if the payment or distribution is— (i)made to a beneficiary (or to the estate of the designated beneficiary) on or after the death of the designated beneficiary,
 (ii)attributable to the designated beneficiary’s being disabled (within the meaning of section 72(m)(7)), or
 (iii)an amount which is includible in gross income solely by application of paragraph (2)(C)(i)(II) for the taxable year.
 (C)Contributions returned before certain dateSubparagraph (A) shall not apply to the distribution of any contribution made during a taxable year on behalf of the designated beneficiary if—
 (i)such distribution is made before the first day of the sixth month of the taxable year following the taxable year, and
 (ii)such distribution is accompanied by the amount of net income attributable to such excess contribution.
									Any net income described in clause (ii) shall be included in gross income for the taxable year in
 which such excess contribution was made.(e)ReportsEach officer or employee having control of the qualified distribution under a qualified first-time homeowner assistance program or their designee shall make such reports regarding such program to the Secretary and to designated beneficiaries with respect to contributions, distributions, and such other matters as the Secretary may require. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by the Secretary.
 (f)RegulationsNotwithstanding any other provision of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section and to prevent abuse of such purposes, including regulations under chapters 11, 12, and 13 of this title.
						.
			(b)Conforming amendments
				(1)Tax on Excess Contributions
 (A)In generalSubsection (a) of section 4973 of such Code is amended by striking or at the end of paragraph (5), by inserting or at the end of paragraph (6), and by inserting after paragraph (6) the following new paragraph:  (7)a first-time homeowner assistance account (as defined in section 530A),.
 (B)Excess contributionSection 4973 of such Code is amended by adding at the end the following new subsection:  (i)Excess Contributions to first-Time homeowner assistance accountFor purposes of this section—
 (1)In generalIn the case of a first-time homeowner assistance account (as defined in section 530A) (within the meaning of section 529A), the term excess contributions means the amount by which the amount contributed for the taxable year to such account (other than contributions under section 530A(d)(3)(C)) exceeds the contribution limit under section 530A(b)(2)(C).
 (2)Special ruleFor purposes of this subsection, any contribution which is distributed out of the first-time homeowner assistance account (as so defined) in a distribution to which the last sentence of section 530A(d)(6)(C) applies shall be treated as an amount not contributed..
 (2)Section 26(b)(2) is amended by striking and at the end of subparagraph (X), by striking the period at the end of subparagraph (Y) and inserting , and, and by inserting after subparagraph (Y) the following:

 (Z)section 530A(d)(3)(A) (relating to additional tax on first-time homeowner assistance account distributions not used for qualified homeowner assistance)..
 (3)Penalty for Failure to File ReportsSection 6693(a)(2) of such Code is amended by striking and at the end of subparagraph (E), by striking the period at the end of subparagraph (F) and inserting , and, and by inserting after subparagraph (F) the following:

 (G)section 530A(e) (relating to qualified first-time homeowner assistance program), and. (4)Section 877A of such Code is amended—
 (A)in subsection (e)(2) by inserting a qualified first-time homeowner assistance program (as defined in section 530A), after 530),, and (B)in subsection (g)(6) by inserting 530A(c)(3), after 529(c)(3),.
 (5)Section 4965(c) of such Code is amended by striking or at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting , or, and by inserting after paragraph (8) the following new paragraph:  (9)a program described in section 530A..
 (c)Clerical amendmentThe table of sections for part VIII of subchapter F of chapter 1 of such Code is amended by adding at the end the following new item:

						Sec. 530A. Qualified first-time homeowner assistance program..
 (d)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.


		II
		110th CONGRESS
		1st Session
		S. 1158
		IN THE SENATE OF THE UNITED STATES

			April 19, 2007
			Mr. Inhofe introduced
			 the following bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Clean Air Act to increase the use of
		  renewable and alternative fuel, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Alternative Fuel Standard Act of
			 2007.
		2.Renewable and
			 alternative fuel programSection 211(o) of the Clean Air Act (42
			 U.S.C. 7545(o)) is amended—
			(1)in the subsection heading, by inserting
			 and
			 alternative after Renewable;
			(2)in paragraph (1)—
				(A)by redesignating subparagraphs (A), (B),
			 (C), and (D) as subparagraphs (B), (I), (G), and (H), respectively;
				(B)by moving
			 subparagraph (I) (as redesignated by subparagraph (A)) to the end of the
			 paragraph;
				(C)by inserting before subparagraph (B) (as so
			 redesignated) the following:

						(A)Alternative
				fuel
							(i)In
				generalThe term alternative fuel means the portion
				of any motor vehicle or nonroad fuel, as measured by volume, that consists
				of—
								(I)methanol,
				denatured ethanol, butanol, and other alcohols;
								(II)natural gas,
				including liquid fuels domestically produced from natural gas;
								(III)liquefied
				petroleum gas;
								(IV)hydrogen;
								(V)coal-derived
				liquid fuels;
								(VI)fuels (not
				including a fuel that consists of alcohol) derived from biological materials
				(including biodiesel);
								(VII)electricity;
				and
								(VIII)any other fuel
				that the Administrator determines, by rule, is not derived from crude oil and
				would yield energy security benefits or environmental benefits.
								(ii)InclusionThe
				term alternative fuel includes any portion of a blending component
				that is derived from an alternative
				fuel.
							;
				(D)in subparagraph
			 (B) (as so redesignated), by striking the second sentence;
				(E)by inserting
			 after subparagraph (B) (as so redesignated) the following:

						(C)Nonroad
				engineThe term nonroad engine means an internal
				combustion engine (including the fuel system of the internal combustion engine)
				that is not—
							(i)used—
								(I)to power a motor
				vehicle; or
								(II)in a vehicle
				used solely for competition; and
								(ii)subject to
				standards of performance for stationary sources of air pollution.
							(D)Nonroad
				fuelThe term nonroad fuel means fuel required
				for—
							(i)a
				nonroad engine; or
							(ii)a nonroad
				vehicle.
							(E)Nonroad
				vehicleThe term nonroad vehicle means a vehicle or
				a piece of equipment that is—
							(i)powered by a
				nonroad engine; and
							(ii)not a motor
				vehicle or a vehicle used solely for competition.
							(F)ProgramThe
				term program means the renewable and alternative fuel program
				established under paragraph (2).
						;

				(3)by striking
			 paragraphs (2) and (3) and inserting the following:

					(2)Program
						(A)In
				generalThe Administrator shall, by regulation, establish an
				alternative fuel program to ensure that motor vehicle and nonroad fuel sold or
				introduced into commerce in the United States (except in territories of the
				United States), on an annual average basis, contains the applicable volume of
				alternative fuel determined in accordance with subparagraph (C).
						(B)ProvisionsRegulations
				promulgated under subparagraph (A)—
							(i)shall—
								(I)contain
				compliance provisions applicable to refineries, blenders, distributors, and
				importers, as appropriate, to ensure that the requirements of this section are
				met;
								(II)establish
				applicable percentages under subparagraph (D);
								(III)establish
				compliance values for alternative fuels under subparagraph (E);
								(IV)provide for the
				generation, banking, trading, and use of identification numbers under
				subparagraph (F);
								(V)require the
				taking of any other action that is necessary for the implementation of the
				alternative fuels program, as determined by the Administrator; and
								(VI)to the maximum
				extent practicable, incorporate the program structure, compliance, calculation
				of applicable volume, registration, recordkeeping, and reporting requirements
				described in regulations promulgated under subparagraph (A) to implement this
				section; and
								(ii)shall
				not—
								(I)restrict the
				geographic area in which alternative fuel may be used; or
								(II)impose any
				per-gallon obligation for the use of alternative fuel.
								(C)Applicable
				volume
							(i)Calendar years
				2010 through 2017For the purpose of subparagraph (A), the
				applicable volume of alternative fuel for each of calendar years 2010 through
				2017 shall be determined in accordance with the following table:

									Applicable volume of alternative fuel

											Calendar
						year:(in billions of
						gallons):

											201010.0

											201111.0

											201212.0

											201314.0

											201417.0

											201522.0

											201628.0

											201735.0

							(ii)Calendar year
				2018 and thereafter
								(I)In
				generalSubject to clauses (iii) and (iv), for the purpose of
				subparagraph (A), the applicable volume for calendar year 2018 and each
				calendar year thereafter shall be determined by the Administrator based on a
				review containing the information described in subclause (II).
								(II)Contents of
				reviewThe review described in subclause (I) shall contain a
				evaluation of the implementation of the program during calendar years 2010
				through 2016, including an evaluation of—
									(aa)the impact of
				the use of alternative fuels on—
										(AA)public
				health;
										(BB)air
				quality;
										(CC)water
				quality;
										(DD)job
				creation;
										(EE)rural economic
				development;
										(FF)the expected
				annual rate of future production of alternative fuels;
										(GG)the reduction of
				the use of fuels derived from crude oil in the United States;
										(HH)the energy
				security of the United States; and
										(II)costs to
				consumers.
										(iii)Minimum
				quantity derived from cellulosic biomass
								(I)Calendar years
				2010 through 2012For each of calendar years 2010 through
				2012—
									(aa)the compliance
				value for cellulosic ethanol contained in subparagraph (E) shall not apply;
				and
									(bb)a
				compliance value of 2.5 shall apply in the same manner as if included on the
				table contained in subparagraph (E).
									(II)Calendar years
				2013 and thereafterFor calendar year 2013, and each calendar
				year thereafter, the applicable volume described in clause (ii) shall contain a
				minimum of 250,000,000 gallons that are derived from cellulosic biomass.
								(iv)Waste-derived
				ethanol creditFor each of calendar years 2010 through 2012, the
				compliance value for waste-derived ethanol shall—
								(I)be 2.5;
				and
								(II)apply in the
				same manner as if included in the table in subparagraph (E).
								(v)Minimum
				applicable volumeFor the purpose of subparagraph (A), the
				applicable volume for calendar year 2018 and each calendar year thereafter
				shall, at a minimum, be equal to the product obtained by multiplying—
								(I)the number of
				gallons of gasoline that the Administrator of the Energy Information
				Administration estimates will be sold or introduced into commerce in the
				calendar year; and
								(II)the ratio
				that—
									(aa)35,000,000,000
				gallons; bears to
									(bb)the number of
				gallons of gasoline projected to be sold or introduced into commerce in
				calendar year 2017.
									(D)Applicable
				percentages
							(i)Provision of
				estimate of volumes of gasoline salesNot later than October 31,
				2009, and annually thereafter, the Administrator of the Energy Information
				Administration shall provide to the Administrator an estimate relating to the
				volume of gasoline projected by Administrator of the Energy Information
				Administration to be sold or introduced into commerce in the United States
				during the following calendar year.
							(ii)Determination
				of applicable percentages
								(I)In
				generalNot later than November 30, 2009, and annually
				thereafter, based on the estimate provided under clause (i), the Administrator
				shall determine and notify any obligated party, with respect to the following
				calendar year, of the alternative fuel obligation determined by the
				Administrator to ensure that the requirements of subparagraph (C) will be
				met.
								(II)Required
				elementsThe alternative fuel obligation determined for a
				calendar year under clause (ii) shall—
									(aa)be
				applicable to refiners, blenders, and importers of gasoline, as
				appropriate;
									(bb)be
				used in motor vehicle or nonroad applications in the United States;
									(cc)be
				expressed in terms of a volume percentage of gasoline sold or introduced into
				commerce in the United States; and
									(dd)subject to
				clause (iii), consist of a single applicable percentage that applies to an
				obligated party who is a refiner, blender, or importer of gasoline used in
				motor vehicle and nonroad applications in the United States.
									(iii)AdjustmentsIn
				determining the applicable percentage for a calendar year, the Administrator
				shall make adjustments to prevent the imposition of redundant obligations on
				any individual or entity described in clause (ii).
							(E)Compliance
				value
							(i)TableSubject
				to clauses (ii) and (iii), the Administrator shall assign a compliance value
				for each alternative fuel to satisfy the alternative fuel volume under
				subparagraph (C), in accordance with the following table:

											Fuel
						TypeCompliance
						Value

											Ethanol
						(non-Cellulosic)1.0

											Ethanol
						(Cellulosic)1.0

											Biodiesel1.4

											Gas-to-Liquid Diesel
						Fuel1.5

											Coal-to-Liquid Diesel
						Fuel1.5

											Compressed Natural Gas
						(78 standard cubic feet)1.0

											Liquefied Natural Gas
						1.0

											Liquefied Petroleum Gas
						1.1

											Electricity (6.4
						kilowatt-hours)1.0

											Gaseous Hydrogen (132
						standard cubic feet)1.0

											Liquid Hydrogen
						1.0

											Methanol0.8

											Butanol1.3

											Bio-Butanol
						1.3

								All values in
				terms of gallons unless otherwise specified.(ii)Authority of
				the Administrator
								(I)In
				generalIn accordance with the requirements described in
				subclause (II), the Administrator may—
									(aa)add fuel types
				to the table contained in clause (i);
									(bb)revise any fuel
				type and assign a different compliance value to any fuel type described in the
				table contained in clause (i); and
									(cc)assign each new
				or revised category or subcategory of an alternative fuel type an appropriate
				compliance value.
									(II)Use of
				information
									(aa)In
				generalIn carrying out a modification or revision of any fuel
				type or compliance value under subclause (I), the Administrator shall use
				appropriate scientific and technical information relating to the energy content
				of alternative fuels.
									(bb)Requirement
				relating to compliance valuesIn carrying out a modification or
				revision of any compliance value under subclause (I), the Administrator may
				revise the compliance value to the extent that the revision is predominantly
				supported by scientific and technical information.
									(iii)Use of
				compliance valueThe compliance value described in the table
				contained in clause (i) shall be used as a multiplier to determine the extent
				to which each gallon of the alternative fuel would satisfy the alternative fuel
				volume obligation under subparagraph (C).
							(F)Generation,
				banking, trading, and use of identification numbers
							(i)In
				generalRegulations promulgated under subparagraph (A) shall
				provide that—
								(I)unique
				identification numbers shall be generated and assigned to each batch or other
				quantifiable unit of production, as determined by the Administrator, of
				alternative fuel by—
									(aa)the producer of
				any facility located in the United States; and
									(bb)the importer of
				alternative fuel imported into the United States;
									(II)identification
				numbers shall be based on the volume of the alternative fuel and the compliance
				values established under subparagraph (E);
								(III)identification
				numbers may be used to demonstrate compliance with the alternative fuel volume
				obligation under subparagraph (A);
								(IV)identification
				numbers may be held by any individual or entity;
								(V)identification
				numbers may be transferred by any individual or entity to any other individual
				or entity;
								(VI)identification
				numbers shall be valid for use in achieving compliance for the calendar year in
				which the numbers are generated, and each calendar year thereafter, regardless
				of the calendar year in which the alternative fuel that the numbers represent
				is used; and
								(VII)any obligated
				party that is unable to acquire sufficient identification numbers to meet the
				requirements for any calendar year under this section shall be allowed to carry
				forward a deficit on the condition that the obligated party, in the calendar
				year following the calendar year in which the deficit was created, achieves
				compliance with the obligation for—
									(aa)the calendar
				year following the calendar year in which the deficit was created; and
									(bb)the calendar
				year in which the deficit was created.
									(G)Evaluation and
				adjustment of required volumes
							(i)In
				generalThe Administrator shall annually evaluate the domestic
				production and import capabilities relating to the required volumes of the
				alternative fuel standard for each year for which there have been specified
				volumes pursuant to clauses (i) and (ii) of subparagraph (C).
							(ii)Adjustment of
				volume of alternative fuels
								(I)In
				generalIf any condition affects the production or importation of
				alternative fuel (including drought, environmental degradation, technological
				difficulties, economic infeasibility, national security interests, or any other
				factor may substantially affect the availability of an alternative fuel in a
				quantity necessary to meet the requirements of this section) the Administrator
				may, to account for the impact of the condition, not later than October 31 of
				each calendar year, adjust the applicable volume of any alternative fuel for
				the following calendar year, or any calendar year thereafter, described in the
				table contained in subparagraph (C)(i).
								(II)Corresponding
				adjustment of applicable percentagesIn making an adjustment to
				the applicable volume of an alternative fuel under subclause (I), the
				Administrator shall make a corresponding adjustment to the determination of the
				alternative fuel obligation of an obligated party under subparagraph
				(D).
								(III)Termination
				of adjustment
									(aa)In
				generalSubject to item (bb), an adjustment made by the
				Administrator to the applicable volume of an alternative fuel under subclause
				(I) shall terminate 1 year after the date on which the adjustment is
				made.
									(bb)Authority to
				renew adjustmentThe Administrator may renew the adjustment made
				in accordance with subclause (I) not later than October 31 of the calendar year
				preceding the calendar year in which the adjustment made by the Administrator
				to the applicable volume of an alternative fuel under subclause (I) would
				apply.
									(H)Sale of
				identification numbers
							(i)In
				generalThe Administrator shall make available for sale to any
				obligated party additional identification numbers at a price of $1.00 per
				gallon of gasoline equivalent.
							(ii)Use of
				identification numbersAn additional identification number sold
				by the Administrator under clause (i) may be used by an obligated party to
				comply with any alternative fuel obligation requirement under subsection (C)
				relating to the year in which the identification number was purchased.
							(iii)Disposition
				of fundsFor each of fiscal years 2010 through 2017, any funds
				generated by the sale of additional identification numbers by the Administrator
				to obligated parties shall be transferred by the Administrator to the Secretary
				of the Treasury and deposited in the Treasury of the United
				States.
							;
			(4)by striking
			 paragraph (8);
			(5)by redesignating
			 paragraphs (4) through (7) as paragraphs (3) through (6), respectively;
			(6)by redesignating
			 paragraphs (9) and (10) as paragraphs (7) and (8), respectively;
			(7)in paragraph
			 (4)(A)(iii) (as redesignated by paragraph (5)), by striking paragraph
			 (9)(C) and inserting paragraph (7)(C);
			(8)by striking
			 paragraph (6) (as redesignated by paragraph (5)) and inserting the
			 following:

					(6)Waiver
						(A)In
				generalThe Administrator may issue a temporary waiver for any
				requirement of paragraph (2) if the Administrator determines that—
							(i)an extreme or
				unusual fuel supply circumstance has affected the United States, or a region of
				the United States, that—
								(I)prevents the
				distribution of an adequate supply of 1 or more alternative fuels or the
				feedstock used to produce 1 or more alternative fuels; and
								(II)is of sufficient
				magnitude to prevent compliance by 1 or more obligated parties with the
				applicable volume of any alternative fuel described in the table contained in
				paragraph (2)(C), as determined by the Administrator;
								(ii)the extreme or
				unusual fuel supply circumstance will cause a severe increase in the price of 1
				or more alternative fuels or of the feedstock used to produce 1 or more
				alternative fuels; and
							(iii)the extreme or
				unusual fuel supply circumstance was caused by—
								(I)a natural
				disaster;
								(II)an act of
				God;
								(III)a pipeline or
				refinery equipment failure;
								(IV)the national
				security interests of the United States; or
								(V)a circumstance
				that could not have been reasonably foreseen or prevented, or prepared for by
				prudent planning of a supplier of alternative fuel to the United States.
								(B)Effect of
				waiverA temporary waiver issued by the Administrator under
				subparagraph (A) shall—
							(i)apply to—
								(I)any obligated
				party affected by the extreme or unusual fuel supply circumstance; and
								(II)the smallest
				appropriate geographic area, as determined by the Administrator;
								(ii)be effective
				for—
								(I)a period that
				begins on the date on which the Administrator issues the temporary waiver under
				subparagraph (A) and ends 20 calendar days after the date on which the
				Administrator issued the temporary waiver; or
								(II)the shortest
				appropriate period of time, as determined by the Administrator;
								(iii)preempt, for
				the duration of the waiver, any State or local laws (including regulations)
				relating to the renewable or alternative content of motor fuel and nonroad fuel
				that are inconsistent with any adjustment of the volume of an alternative fuel
				under paragraph (2)(G)(ii)(I); and
							(iv)be renewed for 1
				or more additional 20 calendar day periods if the Administrator determines that
				any extreme or unusual fuel supply circumstance on which the initial
				determination was made under subparagraph (A) continues to warrant a waiver
				under that subparagraph.
							;
				and
			(9)in paragraph (7)
			 (as redesignated by paragraph (6))—
				(A)in subparagraph
			 (A)(ii)(I), by striking 2008 and inserting 2009;
			 and
				(B)in subparagraph
			 (C), by striking paragraph (5) and inserting paragraph
			 (4).


		I
		111th CONGRESS
		2d Session
		H. R. 6410
		IN THE HOUSE OF REPRESENTATIVES

			November 16, 2010
			Mr. Markey of
			 Massachusetts (for himself, Mrs.
			 Lowey, Mrs. Maloney, and
			 Mr. McGovern) introduced the following
			 bill; which was referred to the Committee
			 on Homeland Security

		A BILL
		To improve air cargo security.

		1.Short titleThis Act may be cited as the
			 Air Cargo Security
			 Act.
		2.Inspection of
			 cargo carried aboard all-cargo aircraftSection 44901 of title 49, United States
			 Code, is amended—
			(1)by redesignating
			 subsections (g) and (h) as subsections
			 (h) and (i), respectively; and
			(2)by inserting after
			 subsection (f) the following:

					(g)Air cargo on
				all-Cargo aircraft
						(1)In
				generalThe Secretary of Homeland Security shall establish
				systems to inspect cargo to ensure the security of all such cargo transported
				in all-cargo aircraft operated by an air carrier or foreign air carrier in air
				transportation or intrastate air transportation.
						(2)Minimum
				standardsThe systems referred to in paragraph (1) shall require,
				at a minimum, that equipment, technology, procedures, personnel or other
				methods approved by the Administrator of the Transportation Security
				Administration, are used to screen cargo carried on all-cargo aircraft by such
				a carrier to provide a level of security commensurate with the level of
				security for the screening of passenger checked baggage in accordance to the
				implementation schedule set forth in paragraph (3).
						(3)Implementation
				scheduleThe Secretary shall ensure that—
							(A)not later than 18
				months after the date of enactment of the Air Cargo Security Act, 50 percent of
				cargo described in paragraph (1) is screened; and
							(B)not later than 3
				years after the date of enactment of such Act, 100 percent of such cargo is
				screened.
							(4)Research and
				development of new technologiesThe Secretary shall monitor and
				evaluate the research and development of effective cargo screening
				technologies.
						.
			3.Air cargo
			 shipping
			(a)In
			 generalSubchapter I of chapter 449 of title 49, United States
			 Code, is amended by adding at the end the following:

					44922.Regular
				inspections of air cargo shipping facilities
						(a)Regular
				inspectionsNot later than 30
				days after the date of enactment of the Air Cargo Security Act, the Secretary
				of Homeland Security shall—
							(1)establish a system
				for the regular inspection of shipping facilities for shipments of cargo
				transported in air transportation or intrastate air transportation to ensure
				that appropriate security controls, systems, and protocols are observed;
				and
							(2)enter into
				arrangements with the civil aviation authorities, or other appropriate
				officials, of foreign countries to ensure that inspections are conducted on a
				regular basis at shipping facilities for cargo transported in air
				transportation to the United States.
							(b)Screening
				methodsIn this section, screening means using the
				methods of screening described in section 44901(g).
						(c)ReportsNot
				later than 210 days after the date of enactment of the Air Cargo Security Act
				and each year thereafter, the Secretary shall transmit to Congress a report
				that states—
							(1)the number of
				shipping facilities that have been inspected;
							(2)the number of
				facilities that are not in compliance with appropriate security controls,
				systems, and protocols;
							(3)specific
				consequences imposed for a facility not in compliance as determined by the
				Secretary; and
							(4)the number of
				arrangements entered into with civilian authorities, other appropriate
				officials, of foreign countries to ensure regular inspections are conducted for
				cargo transported in air transportation to the United
				States.
							.
			(b)Additional
			 inspectorsThe Secretary may increase the number of inspectors as
			 necessary to implement the requirements of title 49, United States Code, as
			 amended by this Act.
			(c)Conforming
			 amendmentThe chapter analysis for chapter 449 of title 49,
			 United States Code, is amended by adding at the end the following:

						44922. Regular inspections of air cargo
				shipping
				facilities.

					.
			4.Training program
			 for cargo handlersThe
			 Secretary of Homeland Security shall establish a training and evaluation
			 program for any persons that handle air cargo to ensure that the cargo is
			 properly handled and safeguarded from security breaches.
		5.Effective
			 dateExcept as otherwise
			 provided, this Act and the amendments made in this Act shall take effect 180
			 days after the date of enactment of this Act.


113 HRES 80 IH: Supporting the goals and ideals of National Engineers Week.
U.S. House of Representatives
2013-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		1st Session
		H. RES. 80
		IN THE HOUSE OF REPRESENTATIVES

			February 25, 2013
			Mr. Lipinski (for
			 himself, Mr. Rohrabacher,
			 Ms. Bordallo,
			 Mr. Honda,
			 Mr. Tonko,
			 Ms. McCollum,
			 Mrs. Negrete McLeod,
			 Mr. Barton,
			 Mr. Peters of California,
			 Mr. Matheson,
			 Ms. Edwards,
			 Mr. Holt, and
			 Mr. Lewis) submitted the following
			 resolution; which was referred to the Committee on Science, Space, and
			 Technology, and in addition to the Committee on
			 Education and the
			 Workforce, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		RESOLUTION
		Supporting the goals and ideals of National
		  Engineers Week.

		Whereas engineers employ their scientific knowledge and
			 analytical skills for the betterment of the United States;
		Whereas the mission of the National Engineers Week
			 Foundation is to sustain and grow a dynamic engineering profession through
			 outreach, education, celebration, and volunteerism as needed to keep the United
			 States a global leader in engineering and engineering education;
		Whereas the sponsors of National Engineers Week are
			 working together to transform the engineering workforce through greater
			 inclusion of women and underrepresented minorities;
		Whereas by engaging young students, parents, and educators
			 in hands-on science, technology, engineering, and math, engineers help them
			 discover how they can make a meaningful difference in the world;
		Whereas the partnership between engineers and teachers
			 inspires future generations of engineering and technology talent;
		Whereas tens of thousands of engineers and engineering
			 students will serve their communities not only through their work but, at this
			 time of year, by reaching into hundreds of local communities;
		Whereas engineers have helped meet the major global
			 challenges of our time, including providing state-of-the-art transportation and
			 information technology infrastructures, enhancing national security, and
			 developing the clean energy technologies needed to power the people of the
			 United States into the future;
		Whereas engineers are a crucial link in research,
			 development, and the transformation of scientific discoveries into useful
			 products and jobs, as the people of the United States look more than ever to
			 engineers and their imagination, knowledge, and analytical skills to meet the
			 challenges of the future;
		Whereas the National Science Board’s “Science and
			 Engineering Indicators 2012” shows that while the number of students obtaining
			 engineering degrees in the United States has reached an all-time high, the
			 rates for women and underrepresented minorities do not reflect our national
			 demographics, and the rate of growth in engineering degrees trails that of
			 China;
		Whereas a 2012 survey by the Intel Corporation indicates
			 that United States teenagers are more likely to consider a degree in
			 engineering after learning about what engineers do;
		Whereas only 4 percent of the Nation’s workforce is
			 composed of scientists and engineers, this group disproportionately creates
			 jobs for the other 96 percent;
		Whereas National Engineers Week has grown into a formal
			 coalition of more than 100 professional societies, major corporations, and
			 government agencies that are dedicated to ensuring a diverse and well-educated
			 engineering workforce, promoting literacy in science, technology, engineering,
			 and math, and raising public awareness and appreciation of the contributions of
			 engineers to society;
		Whereas National Engineers Week is celebrated during the
			 week of George Washington’s birthday to honor the contributions that the first
			 United States President, a military engineer and land surveyor, made to
			 engineering; and
		Whereas February 17, 2013, to February 23, 2013, has been
			 designated as National Engineers Week by the National Engineers Week Foundation
			 and the theme is, Celebrate Awesome, spotlighting all the
			 amazing things engineers do every day to make the world a better place: Now,
			 therefore, be it

		That the House of
			 Representatives—
			(1)supports the goals and ideals of National
			 Engineers Week to increase understanding of and interest in engineering and
			 technology careers and to promote technological literacy and engineering
			 education;
			(2)recognizes that engineering education is a
			 critical component of STEM (science, technology, engineering, and mathematics)
			 education and essential to improving the United States educational system and
			 economic prosperity; and
			(3)ensures that
			 technological solutions designed by the engineering community can be advanced
			 through research, development, standardization, and innovation.


105 S2051 IS: Breast Cancer Patient Equity Act of 2021
U.S. Senate
2021-06-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2051IN THE SENATE OF THE UNITED STATESJune 15, 2021Ms. Duckworth (for herself, Ms. Murkowski, Mr. Brown, and Ms. Klobuchar) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend title XVIII of the Social Security Act to provide coverage for custom fabricated breast prostheses following a mastectomy.1.Short title; findings(a)Short titleThis Act may be cited as the Breast Cancer Patient Equity Act of 2021.(b)FindingsCongress finds the following:(1)There are currently more than 3,800,000 women with a history of breast cancer in the United States, many of whom experience unreconstructed breast loss.(2)In 2021, an estimated 281,550 women will be diagnosed with invasive breast cancer that requires surgery, with many having to undergo surgical breast removal.(3)In 2021, an estimated 43,600 women in the United States are expected to die from breast cancer.(4)Annually, there are more than 100,000 women in the United States who undergo mastectomies, a surgical removal of the breast.(5)The number of breast mastectomies in the United States has increased among younger women.(6)The results of breast reconstruction surgery can vary and, as with any surgical procedure, there are inherent risks associated with such surgery. Additionally, reconstruction of the breast using implants requires lifelong follow up to ensure the health of the patient.(7)While the number of women choosing to undergo surgical breast reconstruction continues to increase, many women continue to lack the viable option of custom fabricated prosthetic breasts to restore the lost breast.(8)Both older women and women of color are less likely to be offered or undergo surgical breast reconstruction and are disproportionately disadvantaged by a lack of access to the option of custom fabricated prosthetic breasts.(9)Currently, the Medicare program provides coverage and reimbursement for custom fabricated prostheses for any body part, with the exception of breasts, that has been lost.(10)Following passage of the Women's Health and Cancer Rights Act of 1998 (Public Law 105–277; 42 U.S.C. 201 note), many private insurers and group health plans began to provide coverage for custom fabricated breast prostheses as an alternative to surgical breast reconstruction.(11)While the Medicare program recognizes custom fabricated breast prostheses as a discrete device and valid treatment option, having assigned a billing code for such option under the Healthcare Common Procedure Coding System (HCPCS) and setting a maximum allowable fee, Medicare does not provide reimbursement and denies claims as ‘not medically necessary’. Medicare does provide reimbursement, however, for more costly surgical breast reconstruction.(12)Due to the fact that the Medicare program does not provide reimbursement for custom fabricated breast prostheses, many private insurance companies have also begun to limit their reimbursement for them.(13)The Department of Veterans Affairs does provide the option of a custom fabricated prosthetic breast for women post-mastectomy.(14)Providing coverage for custom fabricated prosthetic breast devices and components will not increase the incidence of breast mastectomies.2.Coverage(a)In generalSection 1861(s)(8) of the Social Security Act (42 U.S.C. 1395x(s)(8)) is amended—(1)by adding and after the semicolon at the end;(2)by inserting (A) after (8); and(3)by inserting after subparagraph (A) the following new subparagraph:(B)custom fabricated breast prostheses following surgical removal of the breast, including replacement of such prostheses;.(b)Conforming amendmentSection 1862(a)(7) of such Act (42 U.S.C. 1395y(a)(7)) is amended by striking 1861(s)(8) and inserting 1861(s)(8)(A).(c)Effective dateThe amendments made by this section shall apply to items and services furnished on or after the date of enactment of this Act.


113 HRES 209 IH: Recognizing the 150th anniversary of the founding of the Brotherhood of Locomotive Engineers and Trainmen, and congratulating the members and officers of the Brotherhood of Locomotive Engineers and Trainmen for the union’s many achievements.
U.S. House of Representatives
2013-05-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		113th CONGRESS
		1st Session
		H. RES. 209
		IN THE HOUSE OF REPRESENTATIVES

			May 8, 2013
			Mr. Walz (for
			 himself, Mr. Peters of Michigan,
			 Mr. Conyers,
			 Ms. Brown of Florida,
			 Mr. Capuano,
			 Mrs. Napolitano,
			 Ms. Norton,
			 Mr. Loebsack,
			 Ms. Linda T. Sánchez of California,
			 Mr. Nadler,
			 Ms. Schwartz,
			 Ms. McCollum,
			 Ms. Jackson Lee,
			 Mr. Rush, Mr. Grijalva, Mr.
			 DeFazio, Mr. Higgins,
			 Mr. Terry,
			 Mr. Tonko,
			 Ms. Slaughter,
			 Mr. Dingell,
			 Mr. Huffman,
			 Mr. Lynch,
			 Ms. Tsongas,
			 Mr. Young of Alaska,
			 Mr. Gibson,
			 Mr. Nolan,
			 Ms. Brownley of California,
			 Mr. Tierney,
			 Mr. Takano,
			 Mr. Brady of Pennsylvania,
			 Mr. Lipinski,
			 Mr. Israel,
			 Ms. Titus,
			 Mr. McGovern,
			 Mr. Enyart, and
			 Mr. Ellison) submitted the following
			 resolution; which was referred to the Committee on Transportation and
			 Infrastructure

		RESOLUTION
		Recognizing the 150th anniversary of the
		  founding of the Brotherhood of Locomotive Engineers and Trainmen, and
		  congratulating the members and officers of the Brotherhood of Locomotive
		  Engineers and Trainmen for the union’s many achievements.

		Whereas the Brotherhood of Locomotive Engineers and
			 Trainmen is the oldest rail union in North America;
		Whereas the Brotherhood of Locomotive Engineers and
			 Trainmen was founded on May 8, 1863, as the Brotherhood of the Footboard, a
			 secret, fraternal labor organization, and its first meetings were held in
			 secret for fear of reprisals;
		Whereas the Brotherhood of Locomotive Engineers and
			 Trainmen began to thrive despite the climate into which it was born;
		Whereas the Brotherhood of Locomotive Engineers and
			 Trainmen has grown from its original 13 members to 55,000 active and retired
			 members located throughout the United States;
		Whereas the Brotherhood of Locomotive Engineers and
			 Trainmen’s members have contributed, both directly through their railroad
			 activity and in their private capacities, to the war effort in all of the wars
			 of the United States since its founding;
		Whereas the efforts of the Brotherhood of Locomotive
			 Engineers and Trainmen to improve rail safety for both their members and the
			 public have resulted in a dramatic decrease in the number of railroad accidents
			 in the years since the union’s inception;
		Whereas the Brotherhood of Locomotive Engineers and
			 Trainmen enlarged its membership ranks to include other rail employees;
		Whereas the Brotherhood of Locomotive Engineers merged
			 with the International Brotherhood of Teamsters effective January 1, 2004,
			 becoming the founding member of the Teamsters Rail Conference, and was renamed
			 the Brotherhood of Locomotive Engineers and Trainmen;
		Whereas in addition to providing representation for its
			 members, the Brotherhood of Locomotive Engineers and Trainmen aggressively
			 participates in the labor movement with other unions and organizations to
			 promote the interests of working men and women and their families;
		Whereas the 55,000 men and women of the Brotherhood of
			 Locomotive Engineers and Trainmen are highly trained professionals, and it is
			 through their professionalism, perseverance, and dedication that the railroad
			 industry, the lifeblood of the United States economy, runs smoothly and safely
			 24 hours a day, 7 days a week, and 365 days a year;
		Whereas the Brotherhood of Locomotive Engineers and
			 Trainmen, working with the International Brotherhood of Teamsters, is an
			 extraordinary union whose leadership continues to work hard every day, just as
			 it did in 1863, to protect members’ health and safety, to guard their financial
			 interests, to give them an effective voice on the job, and to ensure dignity,
			 respect, and security for railway workers in the workplace; and
		Whereas the efforts of the Brotherhood of Locomotive
			 Engineers and Trainmen deserve the attention and admiration of the people of
			 the United States: Now, therefore, be it

		That the House of
			 Representatives—
			(1)recognizes the 150th anniversary of the
			 founding of the Brotherhood of Locomotive Engineers and Trainmen;
			(2)congratulates the
			 Brotherhood of Locomotive Engineers and Trainmen for its many achievements and
			 the strength of its membership;
			(3)recognizes the
			 tremendous contributions made by the Brotherhood of Locomotive Engineers and
			 Trainmen to the structural development and building of the United States and
			 for the many improvements in the well-being of tens of thousands of workers;
			 and
			(4)expects that the
			 Brotherhood of Locomotive Engineers and Trainmen will continue its outstanding
			 work and will have an even greater impact in the 21st century and beyond, and
			 will further enhance the standard of living and improve the work environment
			 for rail workers and other laborers for generations to come.


		II

		109th CONGRESS

		1st Session

		S. 668

		IN THE SENATE OF THE UNITED STATES

			March 17, 2005

			Mr. Specter introduced

			 the following bill; which was read twice and referred to the

			 Committee on Health, Education, Labor,

			 and Pensions

		A BILL

		To provide enhanced criminal penalties for willful

		  violations of occupational standards for asbestos.

		1.Short

			 title

			This Act may be cited as the

			 Asbestos Standards Enforcement Act of

			 2005.

		2.Enhanced

			 criminal penalties for willful violations of occupational standards for

			 Asbestos

				Section 17(e) of the Occupational Safety and Health Act of 1970

			 (29 U.S.C. 656(e)) is amended—

					(1)

					by striking Any and inserting (1) Except as

			 provided in paragraph (2), any; and

					(2)

					by adding at the end the following:

						(2)Any employer who willfully violates

				any standard issued under section 6 with respect to the control of occupational

				exposure to asbestos, shall upon conviction be punished by a fine in accordance

				with section 3571 of title 18, United States Code, or by imprisonment for not

				more than 5 years, or both, except that if the conviction is for a violation

				committed after a first conviction of such person, punishment shall be by a

				fine in accordance with section 3571 of title 18, United States Code, or by

				imprisonment for not more than 10 years, or both.

						.


117 HR 239 : Equal Access to Contraception for Veterans Act
U.S. House of Representatives
2021-07-12
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.

IIB117th CONGRESS1st SessionH. R. 239IN THE SENATE OF THE UNITED STATESJuly 12, 2021Received; read twice and referred to the Committee on Veterans' AffairsAN ACTTo amend title 38, United States Code, to provide for limitations on copayments for contraception furnished by the Department of Veterans Affairs, and for other purposes.1.Short titleThis Act may be cited as the Equal Access to Contraception for Veterans Act.2.Limitation on copayments for contraceptionSection 1722A(a)(2) of title 38, United States Code, is amended—(1)by striking to pay and all that follows through the period and inserting to pay—; and(2)by adding at the end the following new subparagraphs:(A)an amount in excess of the cost to the Secretary for medication described in paragraph (1); or(B)an amount for any contraceptive item for which coverage under health insurance coverage is required without the imposition of any cost-sharing requirement pursuant to section 2713(a)(4) of the Public Health Service Act (42 U.S.C. 300gg–13(a)(4))..Passed the House of Representatives June 24, 2021.Cheryl L. Johnson,Clerk


 S1285 ENR: Oregon Tribal Economic Development Act
U.S. Senate

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.

One Hundred Fifteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Wednesday, the third day of January, two thousand and
			 eighteenS. 1285IN THE SENATE OF THE UNITED STATESAN ACTTo allow the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, the
			 Confederated Tribes of the Grand Ronde Community of Oregon, the
			 Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes
			 of Warm Springs, the Cow Creek Band of Umpqua Tribe of Indians, the
			 Klamath Tribes, and the Burns Paiute Tribes to
 lease or transfer certain lands.1.Short titleThis Act may be cited as the Oregon Tribal Economic Development Act.2.Approval not required to validate land transactions(a)In generalNotwithstanding any other provision of law, without further approval, ratification, or authorization by the United States, the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of Warm Springs, the Cow Creek Band of Umpqua Tribe of Indians, the Klamath Tribes, and the Burns Paiute Tribes may lease, sell, convey, warrant, or otherwise transfer all or any part of its interests in any real property that is not held in trust by the United States for the benefit of such tribe.(b)Trust land not affectedNothing in this section shall—(1)authorize the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians, the Confederated Tribes of the Grand Ronde Community of Oregon, the Confederated Tribes of Siletz Indians of Oregon, the Confederated Tribes of Warm Springs, the Cow Creek Band of Umpqua Tribe of Indians, the Klamath Tribes, and the Burns Paiute Tribes to lease, sell, convey, warrant, or otherwise transfer all or any part of an interest in any real property that is held in trust by the United States for the benefit of such tribe; or(2)affect the operation of any law governing leasing, selling, conveying, warranting, or otherwise transferring any interest in such trust land.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


114 HR 3427 IH: Payroll Fraud Prevention Act of 2015
U.S. House of Representatives
2015-07-29
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
		1st Session
		H. R. 3427
		IN THE HOUSE OF REPRESENTATIVES

			July 29, 2015
			Ms. Wilson of Florida (for herself, Mr. Scott of Virginia, Mr. Conyers, and Mr. Payne) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend the Fair Labor Standards Act of 1938 to ensure that employees are not misclassified as
			 non-employees, and for other purposes.

 1.Short titleThis Act may be cited as the Payroll Fraud Prevention Act of 2015. 2.Classification of employees and non-employees (a)DefinitionsSection 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended by adding at the end the following:

 (z)Non-employee means an individual who— (1)has been engaged, in the course of the trade or business of the person, for the performance of labor or services; and
 (2)is not an employee of the person. (aa)Covered individual when used with respect to an employer or other person means—
 (1)an employee of the employer; or (2)a non-employee of the person (including a person who is an employer)—
 (A)whom the person has engaged, in the course of the trade or business of the person, for the performance of labor or services; and
							(B)
 (i)with respect to whom the person is required to file an information return under section 6041A(a) of the Internal Revenue Code of 1986; or
 (ii)who is providing labor or services to the person through an entity that is a trust, estate, partnership, association, company, or corporation (as such terms are used in section 7701(a)(1) of the Internal Revenue Code of 1986) if—
 (I)such individual has an ownership interest in the entity; (II)creation or maintenance of such entity is a condition for the provision of such labor or services to the person; and
 (III)the person would be required to file an information return for the entity under section 6041A(a) of the Internal Revenue Code of 1986 if the entity were an individual..
 (b)Classification as employeesSection 11(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(c)) is amended— (1)by striking (c) Every employer subject to any provision of this Act or of any order issued under this Act and inserting the following:

						(c)Recordkeeping; classification; notice
 (1)RecordkeepingEvery person subject to any provision of this Act or of any order issued under this Act; and (2)by adding at the end the following:

 (2)ClassificationEvery person (including every employer and enterprise), who employs any employee engaged in commerce or in the production of goods for commerce or engages any non-employee engaged in commerce or in the production of goods for commerce, shall accurately classify each covered individual as an employee or a non-employee (as the case may be).
						(3)Notice
 (A)In generalEvery person subject to any provision of this Act or of any order issued under this Act shall provide the notice described in subparagraph (C) to each employee of the person and each individual classified by the person as a non-employee under paragraph (2) and maintain a copy of such notice as a required record under paragraph (1).
							(B)Timing of notice
 (i)In generalThe notice described in subparagraph (A) shall be provided, at a minimum, to each covered individual not later than 6 months after the date of enactment of the Payroll Fraud Prevention Act of 2015, and thereafter—
 (I)for each new employee, upon employment; and (II)for each new non-employee, upon commencement of the labor or services provided by the non-employee.
 (ii)Change in statusEach person required to provide a notice under subparagraph (A) to a covered individual shall also provide such notice to such individual upon changing the status of such individual as an employee or a non-employee.
 (C)Contents of noticeThe notice required under this paragraph shall be in writing and shall— (i)inform the covered individual of the classification of such individual, by the person submitting the notice, as an employee or a non-employee;
 (ii)include a statement directing such individual to the Department of Labor website established under section 3 of the Payroll Fraud Prevention Act of 2015, for the purpose of providing further information about the legal rights of an employee;
 (iii)include the address and telephone number for the applicable local office of the Department of Labor; and
 (iv)include for each covered individual classified as a non-employee by the person providing the notice, the following statement: Your rights to wage, hour, and other labor protections depend upon your proper classification as an employee or a non-employee. If you have any questions or concerns about how you have been classified or suspect that you may have been misclassified, contact the U.S. Department of Labor..
								(D)Presumption
 (i)In generalFor purposes of this Act and the regulations or orders issued under this Act, a covered individual to whom a person is required to provide a notice under subparagraph (A) shall be presumed to be an employee of the person if the person has not provided the individual with such notice within the time required under subparagraph (B).
 (ii)RebuttalThe presumption under clause (i) shall be rebutted only through the presentation of clear and convincing evidence that a covered individual described in such subparagraph is not an employee of the person..
 (c)Special prohibited actsSection 15(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 215(a)) is amended— (1)by striking paragraph (3) and inserting the following:

 (3)to discharge or in any other manner discriminate against any covered individual (including an employee) because such individual has—
 (A)opposed any practice, filed any petition or complaint, or instituted or caused to be instituted any proceeding—
 (i)under or related to this Act (including concerning the status of a covered individual as an employee or a non-employee for purposes of this Act); or
 (ii)concerning the status of a covered individual as an employee or a non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986;
 (B)testified or is about to testify in any proceeding described in subparagraph (A); or (C)served, or is about to serve, on an industry committee;;
 (2)in paragraph (5), by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (6)to wrongly classify an employee of the person as a non-employee in accordance with section 11(c)(2)..
 (d)Special penalty for certain misclassification, recordkeeping, and notice violationsSection 16 of the Fair Labor Standards Act of 1938 (29 U.S.C. 216) is amended— (1)in subsection (b)—
 (A)in the sixth sentence, by striking any employee each place the term occurs and inserting any covered individual; (B)in the fourth sentence—
 (i)by striking employees and inserting covered individual; and (ii)by striking he gives his consent and inserting such covered individual consents;
 (C)in the third sentence— (i)by striking either of the preceding sentences and inserting any of the preceding sentences;
 (ii)by striking one or more employees and inserting one or more covered individuals; and (iii)by striking in behalf of himself or themselves and other employees and inserting on behalf of such covered individual or individuals and other covered individuals; and
 (D)by inserting after the first sentence the following: Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Act of 1947 (29 U.S.C. 260)) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees.; and
 (2)in subsection (e), by striking paragraph (2) and inserting the following:  (2)Any person who violates section 6, 7, 11(c), or 15(a)(6) shall be subject to a civil penalty, for each employee or other individual who was the subject of such a violation, in an amount—
 (A)not to exceed $1,100; or (B)in the case of a person who has repeatedly or willfully committed such violation, not to exceed $5,000..
 3.Employee rights websiteNot later than 180 days after the date of enactment of this Act, the Secretary of Labor shall establish a single webpage on the Department of Labor website that summarizes in plain language the rights of employees and non-employees under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), including the rights described in the amendments made by section 2.
		4.Misclassification of employees for unemployment compensation purposes
 (a)In generalSection 303(a) of the Social Security Act (42 U.S.C. 503(a)) is amended— (1)in paragraph (11)(B), by striking the period and inserting ; and;
 (2)in paragraph (12), by striking the period and inserting ; and; and (3)by adding after paragraph (12) the following:

						(13)
 (A)Such auditing and investigative procedures as may be necessary to identify employers that have not registered under the State law or that are paying unreported wages, where these actions or omissions by the employers have the effect of excluding employees from unemployment compensation coverage; and
 (B)The making of quarterly reports to the Secretary of Labor (in such form as the Secretary of Labor may require) describing the results of the procedures under subparagraph (A); and
 (14)The establishment of administrative penalties for misclassifying employees, or paying unreported wages to employees without proper recordkeeping, for unemployment compensation purposes..
 (b)Review of auditing programsThe Secretary of Labor shall include, in the Department of Labor’s system for measuring the performance of States in conducting unemployment compensation tax audits, a specific measure of the effectiveness of States in identifying the under reporting of wages and the underpayment of unemployment compensation contributions (including the effectiveness of States in identifying instances of such under reporting or underpayments despite the absence of cancelled checks, original time sheets, or other similar documentation).
			(c)Effective date
 (1)In generalExcept as provided in paragraph (2), the amendments made by subsection (a) shall take effect 12 months after the date of enactment of this Act.
 (2)ExceptionIf the Secretary of Labor finds that legislation is necessary for the unemployment compensation law of a State to comply with the amendments made by subsection (a), such amendments shall not apply with respect to such law until the later of—
 (A)the day after the close of the first regular session of the legislature of such State that begins after the date of enactment of this Act; or
 (B)12 months after the date of enactment of this Act. (d)Definition of stateFor purposes of this section, the term State has the meaning given the term in section 3306(j) of the Internal Revenue Code of 1986.
			5.Department of labor coordination, referral, and regulations
 (a)Coordination and referralNotwithstanding any other provision of law, any office, administration, or division of the Department of Labor that, while in the performance of its official duties, obtains information regarding the misclassification by a person subject to the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.), or any order issued under such Act of any individual regarding whether such individual is an employee or a non-employee engaged in the performance of labor or services for purposes of section 6 or 7 of such Act (29 U.S.C. 206, 207), or in records required under section 11(c) of such Act (29 U.S.C. 211(c)), shall report such information to the Wage and Hour Division of the Department of Labor. The Wage and Hour Division may report such information to the Internal Revenue Service as the Wage and Hour Division considers appropriate.
 (b)RegulationsThe Secretary of Labor shall promulgate regulations to carry out this Act and the amendments made by this Act.
 6.Targeted auditsThe audits of employers subject to the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) that are conducted by the Wage and Hour Division of the Department of Labor shall include certain industries with frequent incidence of misclassifying employees as non-employees, as determined by the Secretary of Labor.


		II
		111th CONGRESS
		1st Session
		S. 112
		IN THE SENATE OF THE UNITED STATES

			January 6, 2009
			Mr. Inouye introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To treat certain hospital support
		  organizations as qualified organizations for purposes of determining
		  acquisition indebtedness.

		1.Treatment of certain hospital support
			 organizations as qualified organizations for purposes of determining
			 acquisition indebtedness
			(a)In generalSubparagraph (C) of section 514(c)(9) of
			 the Internal Revenue Code of 1986 (relating to real property acquired by a
			 qualified organization) is amended by striking or at the end of
			 clause (iii), by striking the period at the end of clause (iv) and inserting
			 ; or, and by adding at the end the following new clause:

					(v)a qualified hospital support organization
				(as defined in subparagraph
				(I)).
					.
			(b)Qualified hospital support
			 organizationsParagraph (9)
			 of section 514(c) of the Internal Revenue Code of 1986 is amended by adding at
			 the end the following new subparagraph:

					(I)Qualified hospital support
				organizationsFor purposes of
				subparagraph (C)(iv), the term qualified hospital support
				organization means, with respect to any eligible indebtedness (including
				any qualified refinancing of such eligible indebtedness), a support
				organization (as defined in section 509(a)(3)) which supports a hospital
				described in section 119(d)(4)(B) and with respect to which—
						(i)more than half of its assets (by value) at
				any time since its organization—
							(I)were acquired, directly or indirectly, by
				testamentary gift or devise, and
							(II)consisted of real property, and
							(ii)the fair market value of the organization’s
				real estate acquired, directly or indirectly, by gift or devise, exceeded 25
				percent of the fair market value of all investment assets held by the
				organization immediately prior to the time that the eligible indebtedness was
				incurred.
						For purposes of this subparagraph,
				the term eligible indebtedness means indebtedness secured by real
				property acquired by the organization, directly or indirectly, by gift or
				devise, the proceeds of which are used exclusively to acquire any leasehold
				interest in such real property or for improvements on, or repairs to, such real
				property. A determination under clauses (i) and (ii) of this subparagraph shall
				be made each time such an eligible indebtedness (or the qualified refinancing
				of such an eligible indebtedness) is incurred. For purposes of this
				subparagraph, a refinancing of such an eligible indebtedness shall be
				considered qualified if such refinancing does not exceed the amount of the
				refinanced eligible indebtedness immediately before the
				refinancing..
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to indebtedness incurred on or after the date of the
			 enactment of this Act.


I
One Hundred Twelfth Congress of the United States of America At the First SessionBegun and held at the City of Washington on Wednesday, the fifth day of January, two thousand and eleven
H. R. 765

AN ACT
To amend the National Forest Ski Area Permit Act of 1986 to clarify the authority of the Secretary of Agriculture regarding additional recreational uses of National Forest System land that is subject to ski area permits, and for other purposes.

1.Short titleThis Act may be cited as the Ski Area Recreational Opportunity Enhancement Act of 2011.
2.PurposeThe purpose of this Act is to amend the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)—
(1)to enable snow-sports (other than nordic and alpine skiing) to be permitted on National Forest System land subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b); and
(2)to clarify the authority of the Secretary of Agriculture to permit appropriate additional seasonal or year-round recreational activities and facilities on National Forest System land subject to ski area permits issued by the Secretary of Agriculture under section 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b).
3.Ski area permitsSection 3 of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b) is amended—
(1)in subsection (a), by striking nordic and alpine ski areas and facilities and inserting ski areas and associated facilities;
(2)in subsection (b), in the matter preceding paragraph (1), by striking “nordic and alpine skiing operations and purposes” and inserting “skiing and other snow sports and recreational uses authorized by this Act”;
(3)by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(4)by inserting after subsection (b) the following:

(c)Other Recreational Uses
(1)Authority of SecretarySubject to the terms of a ski area permit issued pursuant to subsection (b), the Secretary may authorize a ski area permittee to provide such other seasonal or year-round natural resource-based recreational activities and associated facilities (in addition to skiing and other snow-sports) on National Forest System land subject to a ski area permit as the Secretary determines to be appropriate.
(2)RequirementsEach activity and facility authorized by the Secretary under paragraph (1) shall—
(A)encourage outdoor recreation and enjoyment of nature;
(B)to the extent practicable—
(i)harmonize with the natural environment of the National Forest System land on which the activity or facility is located; and
(ii)be located within the developed portions of the ski area;
(C)be subject to such terms and conditions as the Secretary determines to be appropriate; and
(D)be authorized in accordance with—
(i)the applicable land and resource management plan; and
(ii)applicable laws (including regulations).
(3)InclusionsActivities and facilities that may, in appropriate circumstances, be authorized under paragraph (1) include—
(A)zip lines;
(B)mountain bike terrain parks and trails;
(C)frisbee golf courses; and
(D)ropes courses.
(4)ExclusionsActivities and facilities that are prohibited under paragraph (1) include—
(A)tennis courts;
(B)water slides and water parks;
(C)swimming pools;
(D)golf courses; and
(E)amusement parks.
(5)LimitationThe Secretary may not authorize any activity or facility under paragraph (1) if the Secretary determines that the authorization of the activity or facility would result in the primary recreational purpose of the ski area permit to be a purpose other than skiing and other snow-sports.
(6)Boundary determinationIn determining the acreage encompassed by a ski area permit under subsection (b)(3), the Secretary shall not consider the acreage necessary for activities and facilities authorized under paragraph (1).
(7)Effect on existing authorized activities and facilitiesNothing in this subsection affects any activity or facility authorized by a ski area permit in effect on the date of enactment of this subsection during the term of the permit. ;
(5)by striking subsection (d) (as redesignated by paragraph (3)), and inserting the following:

(d)RegulationsNot later than 2 years after the date of enactment of this subsection, the Secretary shall promulgate regulations to implement this section. ; and
(6)in subsection (e) (as redesignated by paragraph (3)), by striking the National Environmental Policy Act, or the Forest and Rangelands Renewable Resources Planning Act as amended by the National Forest Management Act and inserting the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.).
4.EffectNothing in the amendments made by this Act establishes a legal preference for the holder of a ski area permit to provide activities and associated facilities authorized by section 3(c) of the National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b(c)) (as amended by section 3).
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.