		I
		111th CONGRESS
		1st Session
		H. R. 3472
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2009
			Mrs. Dahlkemper
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committees on
			 Ways and Means and
			 Education and Labor, 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 provide for health insurance coverage premium
		  discounts for healthy behavior and improvements toward healthy
		  behavior.

		1.Premium discounts for healthy
			 living
			(a)In
			 generalNotwithstanding any
			 other provision of law, for plan years beginning on or after January 1, 2010, a
			 group health plan, and a health insurance issuer offering group health
			 insurance coverage in the group market or health insurance coverage in the
			 individual market, shall provide premium discounts for healthy behavior and
			 improvements toward healthy behavior as determined under this section.
			(b)Determination of
			 premium discounts
				(1)In
			 generalNot later than 1 year after the date of the enactment of
			 this Act, the Secretary of Health and Human Services, acting through the
			 Director of the Centers for Disease Control and Prevention, shall conclude a
			 rulemaking procedure to determine the appropriate premium discount applicable
			 to each healthy behavior and each improvement toward healthy behavior. Such
			 discounts shall be consistent with the regulations applicable to wellness
			 programs issued under the Health Insurance Portability and Accountability Act
			 of 1996.
				(2)LimitationSuch
			 discounts shall not, in the aggregate, exceed 20 percent with respect to any
			 individual.
				(c)Healthy
			 behaviorFor purposes of this section, the following are healthy
			 behaviors:
				(1)Not
			 smoking.
				(2)Low blood pressure
			 (but within the normal range).
				(3)Body mass index
			 (BMI) in the normal range.
				(4)Low low-density
			 lipoprotein (LDL) levels.
				(5)High high-density
			 lipoprotein (HDL) levels.
				(6)Appropriate
			 hemoglobin AIC levels.
				(d)Improvements
			 towards healthy behaviorFor purposes of this section, the
			 following are improvements towards healthy behavior:
				(1)Quitting
			 smoking.
				(2)Reducing blood
			 pressure, but not below the normal range.
				(3)Lowering body mass
			 index (BMI), but not below the normal range.
				(4)Lowering low-density lipoprotein (LDL)
			 levels.
				(5)Increasing high-density lipoprotein (HDL)
			 levels.
				(6)Lowering
			 hemoglobin AIC levels, but not below the normal range.
				(e)CertificationIn order to be taken into account under
			 this section, any healthy behavior or improvement towards healthy behavior must
			 be supported by medical test result information which is certified by a
			 licensed physician, and the individual to whom it relates, as being complete,
			 accurate and current. In the case of any knowingly false certification under
			 this subsection, the Secretary of Health and Human Services shall impose a
			 civil monetary penalty not in excess of $1,000.
			(f)Application to
			 ERISA, PHSA, and IRCThe provisions of this section shall apply
			 with respect to a group health plan as if included under title XXVII of the
			 Public Health Service Act, under title VII of the Employee Retirement Income
			 Security Act of 1974, and under subchapter B of chapter 100 of the Internal
			 Revenue Code of 1986, and shall apply with respect to health insurance coverage
			 offered in the individual market as if included under title XXVII of the Public
			 Health Service Act.


		I
		111th CONGRESS
		1st Session
		H. R. 2703
		IN THE HOUSE OF REPRESENTATIVES

			June 4, 2009
			Ms. Harman (for
			 herself and Mr. Dicks) introduced the
			 following bill; which was referred to the Committee on Homeland
			 Security

		A BILL
		To prohibit the Secretary of Homeland Security from
		  obligating or expending funds for the National Applications Office of the
		  Department of Homeland Security.

		1.FindingsCongress finds the following:
			(1)In its current form, the National
			 Applications Office of the Department of Homeland Security (NAO) would process
			 requests for classified satellite information from nontraditional users of
			 intelligence for civil, homeland security, and law enforcement purposes without
			 a clear legal framework to govern its use or stringent standards and protocols
			 to protect privacy and civil liberties.
			(2)Existing law
			 already provides that capability through a “Civil Applications Committee”
			 within the Department of Interior.
			(3)The United States
			 law enforcement community, who comprise a majority of the new users of the NAO,
			 have not requested that new capability.
			(4)Section 525 of the
			 Consolidated Appropriations Act, 2008 (Public Law 110–161; 121 Stat. 2074)
			 prohibited funds from being made available to commence operations of the NAO
			 until the Secretary of Homeland Security certified that the program complies
			 with all existing laws, including all applicable privacy and civil liberties
			 standards, and that certification was reviewed by the Government Accountability
			 Office (GAO).
			(5)GAO found serious
			 flaws in the NAO, specifically that the Department of Homeland Security (DHS)
			 has failed to provide sufficient assurances that requests for classified
			 information will be fully reviewed to ensure it can be legally provided.
			(6)On April 9, 2008,
			 in a letter to Members of Congress, the Secretary of Homeland Security
			 certified that the NAO complies with all existing laws, including all
			 applicable privacy and civil liberties standards. The Secretary also provided a
			 charter for the office, privacy and civil liberties impact assessments, and NAO
			 standard operating procedures. GAO deemed the certification and standard
			 operating procedures insufficient.
			(7)Despite numerous
			 requests by Congress in writing, in open hearings, and in person for a legal
			 framework and a full justification for the Department's certification of the
			 NAO, DHS seeks to operate the office before establishing clear definitions for
			 law enforcement and homeland security requests for satellite imagery.
			(8)Operation of the
			 NAO in its current state poses serious constitutional questions and threatens
			 to violate the privacy of Americans and their civil liberties.
			2.Prohibition on
			 use of funds for the National Applications Office of the Department of Homeland
			 SecurityNotwithstanding any
			 other provision of law, the Secretary of Homeland Security shall not obligate
			 or expend funds for—
			(1)the National
			 Applications Office of the Department of Homeland Security; or
			(2)any office of the Department of Homeland
			 Security tasked to process requests for classified satellite information for
			 civil, homeland security, or law enforcement purposes.


 HR 5108 ENR: To establish the Law School Clinic Certification Program of the United States Patent and Trademark Office, and for other purposes.
U.S. House of Representatives

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
One Hundred Thirteenth Congress of the United States of America At the Second SessionBegun and held at the City of Washington on Friday, the third day of January, two thousand and fourteen
H. R. 5108

AN ACT
To establish the Law School Clinic Certification Program of the United States Patent and Trademark Office, and for other purposes.

1.USPTO Law School Clinic Certification Program
(a)EstablishmentThe Law School Clinic Certification Program of the United States Patent and Trademark Office, as implemented by the Office, is established as a program entitled the Law School Clinic Certification Program. The Program shall allow students enrolled in a participating law school’s clinic to practice patent and trademark law before the Office by drafting, filing, and prosecuting patent or trademark applications, or both, on a pro-bono basis for clients that qualify for assistance from the law school’s clinic. The Director shall establish regulations and procedures for application to and participation in the Program. All law schools accredited by the American Bar Association are eligible for participation in the Program, and shall be examined for acceptance using identical criteria established by the Director. The Program shall be in effect for the 10-year period beginning on the date of the enactment of this Act.
(b)Report on the programThe Director shall, not later than the last day of the 2-year period beginning on the date of the enactment of this Act, submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on the Program, describing the number of law schools and law students participating in the Program, the work done through the Program, the benefits of the Program, and any recommendations of the Director for modifications to the Program.
(c)DefinitionsIn this section:
(1)OfficeThe term Office means the United States Patent and Trademark Office.
(2)ProgramThe term Program means the Law School Clinic Certification Program established in subsection (a).
(3)DirectorThe term Director means the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
 Speaker of the House of Representatives.Vice President of the United States and President of the Senate.


110 HR 4092 IH: Mountaintown National Scenic Area Act

U.S. House of Representatives
2007-11-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 4092
		IN THE HOUSE OF REPRESENTATIVES

			November 6, 2007
			Mr. Deal of Georgia
			 introduced the following bill; which was referred to the
			 Committee on Natural
			 Resources, and in addition to the Committee on
			 Agriculture, for a period
			 to be subsequently determined by the Speaker, in each case for consideration of
			 such provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To establish the Mountaintown National Scenic Area in the
		  Chattahoochee National Forest, Georgia.

		1.Short titleThis Act may be cited as the
			 Mountaintown National Scenic Area Act
			 of 2007.
		2.Mountaintown
			 National Scenic Area, Chattahoochee National Forest, Georgia
			(a)EstablishmentThere is hereby established in the
			 Chattahoochee National Forest in the State of Georgia the Mountaintown National
			 Scenic Area (in this section referred to as the scenic area)
			 consisting of approximately 13,382 acres, as generally depicted on the map
			 entitled Mountaintown Proposed Scenic Area—Chattahoochee National
			 Forest, Georgia and dated May 3, 2006.
			(b)Map and
			 descriptionsAs soon as
			 practicable after the date of the enactment of this Act, the Secretary of
			 Agriculture shall submit to Congress a final map and boundary description of
			 the scenic area. The map and description shall have the same force and effect
			 as if included in this Act, except that the Secretary may correct clerical and
			 typographical errors in the map and boundary description. The map and boundary
			 description shall be on file and available for public inspection in the Office
			 of the Chief of the Forest Service. In the case of any discrepancy between the
			 acreage and the map referred to in subsection (a) and the map and boundary
			 description required by this subsection, the map and boundary description
			 required by this subsection shall control.
			(c)Management
				(1)PurposesThe
			 Secretary shall manage the scenic area for the purposes of—
					(A)ensuring the
			 appropriate protection and preservation of the scenic quality, water quality,
			 natural characteristics, and water resources of the area;
					(B)protecting and
			 managing vegetation in the area to provide wildlife and fish habitat,
			 consistent with subparagraph (A);
					(C)providing parcels
			 within the area that may develop characteristics of old-growth forests;
			 and
					(D)providing a
			 variety of recreation opportunities, consistent with the preceding
			 purposes.
					(2)PriorityIn
			 the case of a conflict between the management purposes specified in paragraph
			 (1) and the laws and regulations generally applicable to the National Forest
			 System, the management purposes shall take precedence.
				(d)Management
			 planNot later than three
			 years after the date of the enactment of this Act, the Secretary shall develop
			 a management plan for the scenic area as an amendment to the land and resource
			 management plan for the Chattahoochee National Forest. The amendment shall
			 conform to the requirements of this section. Nothing in this section shall
			 require the Secretary to revise the land and resource management plan for the
			 Chattahoochee National Forest pursuant to section 6 of the Forest and Rangeland
			 Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).
			(e)RoadsAfter
			 the date of the enactment of this Act, no new roads shall be constructed or
			 established within the scenic area, except that this prohibition shall not be
			 construed to deny access to private lands or interests therein in the scenic
			 area.
			(f)Vegetation
			 managementNo timber harvest shall be allowed within the scenic
			 area, except as may be necessary in the control of fire, insects, and diseases
			 and to provide for public safety and trail access. Notwithstanding the
			 foregoing, the Secretary may engage in vegetation manipulation practices for
			 maintenance of existing wildlife clearings and visual quality. Firewood may be
			 harvested for personal use along perimeter roads under such conditions as the
			 Secretary may impose.
			(g)Motorized
			 travelMotorized travel shall
			 not be permitted within the scenic area, except that the Secretary may
			 authorize motorized travel within the scenic area as necessary for
			 administrative use in furtherance of the management purposes specified in
			 subsection (c)(1) and in support of wildlife management projects in existence
			 as of the date of the enactment of this Act.
			(h)FireWildfires in the scenic area shall be
			 suppressed in a manner consistent with the management purposes specified in
			 subsection (c)(1), using such means as the Secretary considers
			 appropriate.
			(i)Insects and
			 diseaseInsect and disease outbreaks may be controlled in the
			 scenic area to maintain scenic quality, prevent tree mortality, reduce hazards
			 to visitors, or protect private lands.
			(j)WaterThe
			 scenic area shall be administered so as to maintain or enhance existing water
			 quality.
			(k)Mining
			 withdrawalSubject to valid existing rights, all federally owned
			 lands in the scenic area are hereby withdrawn from location, entry, and patent
			 under the mining laws of the United States and from leasing claims under the
			 mineral and geothermal leasing laws of the United States, including amendments
			 to such laws.


		II
		112th CONGRESS
		2d Session
		S. 2277
		IN THE SENATE OF THE UNITED STATES

			March 29, 2012
			Mr. Thune introduced the
			 following bill; which was read twice and referred to the
			 Committee on Agriculture, Nutrition, and
			 Forestry

		A BILL
		To respond to the extreme fire hazard and unsafe
		  conditions resulting from pine beetle infestation, drought, disease, or storm
		  damage by declaring a state of emergency and directing the Secretary of
		  Agriculture to immediately implement hazardous fuels reduction projects in the
		  manner provided in title I of the Healthy Forests Restoration Act of 2003, and
		  for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the National Forest Emergency Response
			 Act.
		2.FindingsCongress finds that—
			(1)forest health and human safety in certain
			 national forests have deteriorated dangerously due to pine beetle infestation,
			 disease, storm damage, and drought; and
			(2)the resulting fire hazard in those national
			 forests endangers adjacent communities, ranches, State parks, and several units
			 of the National Park System and poses a significant threat to the economic
			 stability of surrounding areas and the health, safety, and well-being of
			 residents and visitors to those areas.
			3.DefinitionsIn this Act:
			(1)Designated
			 national forestThe term designated national forest
			 means a national forest designated by the Secretary under section 4(b).
			(2)Emergency
			 circumstancesThe term emergency circumstances has
			 the meaning given the term in section 1506.11 of title 40, Code of Federal
			 Regulations (or a successor regulation).
			(3)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
			4.Declaration of
			 emergency and selection of pilot project national forests
			(a)In
			 generalIn recognition of
			 deteriorating forest health conditions, extreme fire hazard, and the
			 significant number of dead and dying trees in certain national forests due to
			 pine beetle infestation, drought, disease, or storm damage, and the resulting
			 imminent risk of devastating wildfire that poses a significant threat to the
			 economic stability of surrounding areas and the health, safety, and well-being
			 of residents, firefighters, and visitors to the areas, Congress declares that
			 the fire hazard and human endangerment in those national forests designated by
			 the Secretary under subsection (b) constitute emergency circumstances.
			(b)Designations
				(1)In
			 generalNot later than 60 days after the date of enactment of
			 this Act, the Secretary shall designate not less than 1 national forest in each
			 applicable State that is experiencing conditions that constitute emergency
			 circumstances due to pine beetle infestation, drought, disease, or storm damage
			 and the resulting imminent risk of devastating wildfire that poses significant
			 threat to the economic stability of surrounding areas and the health, safety,
			 and well-being of residents, firefighters, and visitors to the areas.
				(2)LimitationA
			 designation under paragraph (1) shall be for a period not to exceed 10
			 years.
				5.Application of
			 expedited procedures and activities of the Healthy Forests Restoration Act of
			 2003 to designated Forest Service pilot projects
			(a)ApplicabilitySubject to subsections (b) through (e),
			 title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
			 (including the environmental analysis requirements of section 104 of that Act
			 (16 U.S.C. 6514), the special administrative review process under section 105
			 of that Act (16 U.S.C. 6515), and the judicial review process under section 106
			 of that Act (16 U.S.C. 6516)), shall apply to all Forest Service projects and
			 activities implementing the land and resource management plan developed for the
			 designated national forests during the term of the emergency circumstance
			 declared under section 4.
			(b)Application of
			 other lawSection 322 of
			 Public Law 102–381 (16 U.S.C. 1612 note; 106 Stat. 1419) shall not apply to
			 projects conducted in accordance with this section.
			(c)Required
			 modificationsIn applying
			 title I of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511 et seq.)
			 to Forest Service projects and activities in designated national forests, the
			 Secretary shall make the following modifications:
				(1)The authority shall apply to the entire
			 designated national forest, including land that is outside of a wildland-urban
			 interface area or that does not satisfy any of the other eligibility criteria
			 specified in section 102(a) of that Act (16 U.S.C. 6512(a)).
				(2)All projects and activities of the Forest
			 Service, including necessary connected actions (as described in section
			 1508.25(a)(1) of title 40, Code of Federal Regulations (or a successor
			 regulation)), shall be considered to be authorized hazardous fuel reduction
			 projects for purposes of applying the title.
				(3)In the case of a project intended to
			 address the existence of an infestation of disease or insects, or the presence
			 of such an infestation on immediately adjacent land, the Secretary may proceed
			 with the project if there is any risk the infestation will spread, not just in
			 the event of an imminent risk of the spread of the infestation.
				(4)Forest Service projects and activities in
			 the designated national forest conducted under title I of that Act shall not be
			 counted toward the limitation in section 102(c) of that Act (16 U.S.C. 6512(c))
			 on the total quantity of acreage that may be treated under that title.
				(d)Smaller
			 projects
				(1)In
			 generalExcept as provided in paragraph (2), a project conducted
			 in a designated national forest in accordance with this section that comprises
			 less than 10,000 acres shall be considered an action categorically excluded
			 from the requirements for an environmental assessment or an environmental
			 impact statement under section 1508.4 of title 40, Code of Federal Regulations
			 (or a successor regulation).
				(2)Exclusion of
			 certain areasParagraph (1) does not apply to—
					(A)a component of
			 the National Wilderness Preservation System;
					(B)any Federal land
			 on which, by Act of Congress or Presidential proclamation, the removal of
			 vegetation is restricted or prohibited;
					(C)a congressionally
			 designated wilderness study area; or
					(D)an area in which
			 activities under paragraph (1) would be inconsistent with the applicable land
			 and resource management plan.
					(e)Prohibition on
			 restraining orders, preliminary injunctions, and other relief pending judicial
			 review
				(1)In
			 generalNo restraining order,
			 preliminary injunction, or injunction pending appeal shall be issued by any
			 court of the United States with respect to any decision to engage in any
			 remedial action or to prepare, advertise, offer, award, or operate a timber
			 sale under this section in a designated national forest.
				(2)Applicability
			 of other lawSection 705 of
			 title 5, United States Code, shall not apply to any challenge to a sale
			 described in paragraph (1).
				6.Good neighbor
			 authority
			(a)DefinitionsIn
			 this section:
				(1)Eligible
			 StateThe term eligible State means a State that
			 contains National Forest System land.
				(2)SecretaryThe
			 term Secretary means the Secretary of Agriculture.
				(3)State
			 foresterThe term State forester means the head of a
			 State agency with jurisdiction over State forestry programs in an eligible
			 State.
				(b)Cooperative
			 agreements and contracts
				(1)In
			 generalThe Secretary may enter into a cooperative agreement or
			 contract (including a sole source contract) with a State forester to authorize
			 the State forester to provide the forest, rangeland, and watershed restoration
			 and protection services described in paragraph (2) on National Forest System
			 land in the eligible State.
				(2)Authorized
			 servicesThe forest, rangeland, and watershed restoration and
			 protection services referred to in paragraph (1) include the conduct of—
					(A)activities to
			 treat insect infected trees;
					(B)activities to
			 reduce hazardous fuels; and
					(C)any other
			 activities to restore or improve forest, rangeland, and watershed health,
			 including fish and wildlife habitat.
					(3)State as
			 agentExcept as provided in paragraph (6), a cooperative
			 agreement or contract entered into under paragraph (1) may authorize the State
			 forester to serve as the agent for the Secretary in providing the restoration
			 and protection services authorized under that paragraph.
				(4)SubcontractsIn
			 accordance with applicable contract procedures for the eligible State, a State
			 forester may enter into subcontracts to provide the restoration and protection
			 services authorized under a cooperative agreement or contract entered into
			 under paragraph (1).
				(5)Timber
			 salesSubsections (d) and (g) of section 14 of the National
			 Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services
			 performed under a cooperative agreement or contract entered into under
			 paragraph (1).
				(6)Retention of
			 NEPA responsibilitiesAny decision required to be made under the
			 National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect
			 to any restoration and protection services to be provided under this section by
			 a State forester on National Forest System land shall not be delegated to a
			 State forester or any other officer or employee of the eligible State.
				(7)Applicable
			 lawThe restoration and protection services to be provided under
			 this section shall be carried out on a project-to-project basis under existing
			 authorities of the Forest Service.


116 HR 854 : Humanitarian Assistance to the Venezuelan People Act of 2019
U.S. House of Representatives

text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IIB
		116th CONGRESS1st Session
		H. R. 854
		IN THE SENATE OF THE UNITED STATES
		March 26, 2019Received; read twice and referred to the Committee on Foreign Relations
			AN ACT
		To provide humanitarian assistance to the Venezuelan people, including Venezuelan migrants and
			 refugees in the Americas and for other purposes.

 1.Short titleThis Act may be cited as the Humanitarian Assistance to the Venezuelan People Act of 2019. 2.Report on the coordination and distribution of humanitarian assistance to the people of Venezuela including strategy on future efforts (a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the appropriate congressional committees a report outlining the coordination of humanitarian assistance to the people of Venezuela, both in Venezuela and throughout the Western Hemisphere, with nongovernmental organizations and international organizations operating in Venezuela or countries in the region to alleviate the suffering of the Venezuelan people.
 (b)Matters to be includedThe report required under subsection (a) shall include the following: (1)A description of how and under what circumstances the following humanitarian assistance has been provided:
 (A)Public health commodities for Venezuelan health facilities and services, including medicines on the World Health Organization’s List of Essential Medicines, and basic medical supplies and equipment.
 (B)Basic food commodities and nutritional supplements needed to address growing malnutrition and improve food security for the people of Venezuela, with a specific emphasis on the most vulnerable populations.
 (C)Technical assistance to ensure health and food commodities are appropriately selected, procured, and distributed, predominantly through local nongovernmental organizations.
 (2)An identification of United States Agency for International Development and Department of State best practices in delivering humanitarian assistance, particularly with regard to food assistance, and how such best practices are being utilized in providing humanitarian assistance to Venezuela and countries in the region.
 (3)A description of current and anticipated challenges to distributing humanitarian assistance in Venezuela and countries hosting Venezuelan migrants.
 (4)A description of efforts to ensure that humanitarian and development assistance for Venezuelans is coordinated with other United States bilateral assistance in the Western Hemisphere and does not result in duplication or omission of such other bilateral assistance.
 (5)A description of how the pre-positioning and distribution of humanitarian assistance is being monitored and evaluated, the number of beneficiaries reached, an assessment of how humanitarian and development assistance is benefitting Venezuelan migrants inside and outside of the country, and what additional staff may be necessary to manage such assistance.
 (6)A strategy for future efforts to provide humanitarian assistance to the people of Venezuela that includes a description of future efforts regarding the matters described in paragraphs (1) through (5).
 3.Statement of CongressCongress strongly condemns all violent actions by the Maduro regime and Venezuela’s security forces to block and divert humanitarian assistance from entering Venezuela.
		4.Comptroller General report on United States efforts to provide humanitarian assistance to the
 people of VenezuelaNot later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to appropriate congressional committees a report assessing the impact of United States humanitarian assistance on the people of Venezuela, both in Venezuela and throughout the Western Hemisphere, including the total number of beneficiaries reached.
		5.Authorization of appropriations for humanitarian assistance to the people of Venezuela
 (a)In generalThe President is authorized to provide humanitarian assistance to support the people of Venezuela, both in Venezuela and throughout the Western Hemisphere, in accordance with established international humanitarian principles.
 (b)Sense of CongressIt is the sense of Congress that not less than $150,000,000 is necessary for each of fiscal years 2020 and 2021 to carry out this section.
 (c)Authorization of appropriationsThere is authorized to be appropriated to the President such sums as may be necessary for each of fiscal years 2020 and 2021 to carry out this section.
 6.DefinitionIn this Act: (1)Appropriate congressional committeesThe term appropriate congressional committees means the following:
 (A)The Committee on Foreign Affairs of the House of Representatives. (B)The Committee on Appropriations of the House of Representatives.
 (C)The Committee on Foreign Relations of the Senate. (D)The Committee on Appropriations of the Senate.
 (2)Venezuelan security forcesThe term Venezuelan security forces includes the following: (A)The Bolivarian National Armed Forces, including the Bolivarian National Guard.
 (B)The Bolivarian National Intelligence Service. (C)The Bolivarian National Police.
 (D)The Bureau for Scientific, Criminal and Forensic Investigations of the Ministry of Interior, Justice, and Peace.

	Passed the House of Representatives March 25, 2019.Cheryl L. Johnson,Clerk.


		I
		112th CONGRESS
		1st Session
		H. R. 1693
		IN THE HOUSE OF REPRESENTATIVES

			May 3, 2011
			Mr. Carney 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 make the
		  research credit permanent and to increase the alternative simplified research
		  credit.

		1.Short titleThis Act may be cited as the
			 Research and Development Tax Credit
			 Extension Act of 2011.
		2.Research credit made
			 permanent; increase in alternative simplified research credit
			(a)Research credit
			 made permanent
				(1)In
			 generalSection 41 of the
			 Internal Revenue Code of 1986 is amended by striking subsection (h).
				(2)Conforming
			 amendments
					(A)Subsection (c) of
			 section 41 of such Code is amended by striking paragraph (4).
					(B)Paragraph (1) of
			 section 45C(b) of such Code is amended by striking subparagraph (D).
					(3)Effective
			 dateThe amendments made by
			 this subsection shall apply to amounts paid or incurred after December 31,
			 2011.
				(b)Increase in
			 alternative simplified research credit
				(1)In
			 generalSubparagraph (A) of section 41(c)(5) of such Code
			 (relating to election of alternative simplified credit) is amended by striking
			 14 percent (12 percent in the case of taxable years ending before
			 January 1, 2009) and inserting 17 percent.
				(2)Effective
			 dateThe amendments made by this subsection shall apply to
			 taxable years ending after December 31, 2010.


116 HR 8392 IH: Honoring National Recovery Month Act
U.S. House of Representatives
2020-09-24
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.

I116th CONGRESS2d SessionH. R. 8392IN THE HOUSE OF REPRESENTATIVESSeptember 24, 2020Mr. Trone (for himself and Mr. Riggleman) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend title V of the Public Health Service Act.1.Short title; findings(a)Short titleThis Act may be cited as the Honoring National Recovery Month Act.(b)FindingsCongress finds the following:(1)National Recovery Month is an annual observance in the United States to celebrate individuals who are in recovery from a substance use disorder or mental illness, educate the public, and combat stigma.(2)2020 is the 30th anniversary of National Recovery Month.(3)Over 70,000 people died from drug overdoses in 2019 and 48,000 people died from suicide in 2018 in the United States.(4)Fatal overdoses in the United States increased from 2018 to 2019, and overdoses have increased since the onset of the COVID–19 pandemic.(5)A June 2020 study conducted by the Centers for Disease Control and Prevention shows that 41 percent of adults are experiencing an adverse mental health or behavioral health condition, including 31 percent who are experiencing symptoms of anxiety or depression, 11 percent who are seriously considering suicide, and 13 percent who are starting or increasing their substance use to cope with stress or emotions related to COVID–19.2.National Recovery Month activitiesPart D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: 552A.National Recovery Month activities(a)In generalThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, shall carry out activities, or enter into an agreement with a national organization with experience coordinating activities in recognition of National Recovery Month to carry out activities—(1)to develop toolkits, public service announcements, webinars, graphics, and other communication materials with respect to National Recovery Month;(2)to develop, maintain, and update appropriate websites with respect to National Recovery Month;(3)to develop and distribute best practices for community engagement with respect to National Recovery Month; and(4)to celebrate individuals in recovery from substance use disorders or mental illness, educate the public on treatment of and recovery from substance use disorders or mental illness, combat stigma pertaining to substance use disorders or mental illness, and engage stakeholders in their participation in such activities.(b)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2022 through 2025..


		I
		111th CONGRESS
		1st Session
		H. R. 2927
		IN THE HOUSE OF REPRESENTATIVES

			June 17, 2009
			Mr. Pascrell (for
			 himself, Mr. Jones,
			 Mr. Michaud,
			 Ms. Kaptur,
			 Mr. Rothman of New Jersey,
			 Mr. Barrett of South Carolina,
			 Mr. Westmoreland, and
			 Ms. Sutton) introduced the following
			 bill; which was referred to the Committee
			 on Ways and Means

		A BILL
		To authorize the imposition of a tax on imports from any
		  country that employs indirect taxes and grants rebates of the same upon export
		  and to authorize compensatory payments to eligible United States exporters to
		  neutralize the discriminatory effect of such taxes paid by such exporters if
		  United States trade negotiating objectives regarding border tax treatment in
		  World Trade Organization negotiations are not met.

		1.Short TitleThis Act may be cited as the
			 Border Tax Equity Act of
			 2009.
		2.Findings and
			 declarations of policy
			(a)FindingsCongress makes the following
			 findings:
				(1)The United States
			 largely relies on a direct tax system, whereas 150 countries currently employ
			 one particular form of indirect tax known as value-added taxes (VAT) as well as
			 direct taxes. The worldwide VAT tax average in 2005 was 15.7 percent, and in
			 countries of the European Union it ranges between 15 and 25 percent.
				(2)Under the rules of the World Trade
			 Organization (WTO), direct taxes, such as corporate income taxes, if rebated or
			 refunded upon the export of goods are viewed as export subsidies and prohibited
			 on most goods and are at least potentially actionable on all goods. However,
			 indirect taxes, such as sales taxes and VAT, may be rebated or refunded upon
			 the export of goods and such rebate or refund is not defined as constituting a
			 subsidy and hence is not actionable under WTO rules.
				(3)At present, there are no WTO rules on
			 subsidies as applied to trade in services. However, a number of countries
			 currently impose taxes on the import of services and exempt or rebate or refund
			 taxes upon the export of services, to the disadvantage of United States
			 services providers.
				(4)The disparate
			 treatment of border taxes detrimentally affects United States agricultural
			 producers, manufacturers, and service providers in that—
					(A)refunds of indirect taxes effectively act
			 as export subsidies to foreign exporters; and
					(B)United States exporters are subject to
			 double taxation, by paying direct taxes on domestic production in the United
			 States and having their exported product or service face a border tax in the
			 importing country consisting of indirect taxes.
					(5)Foreign
			 governments paid their producers an estimated $369 billion of VAT rebates on
			 goods exported to the United States. Foreign governments collected from United
			 States producers an estimated $122.4 billion of VAT equivalent taxes on their
			 imported goods. The combined goods and services disadvantage in 2007 was $474
			 billion.
				(6)For more than 40
			 years, United States businesses have complained of border tax inequity and,
			 since 1968, prior United States Administrations and Congresses have sought to
			 resolve it.
				(7)Congress has
			 repeatedly recognized the prejudicial effect of the disparate treatment of
			 border taxes with respect to goods and has directed the United States to seek a
			 negotiated solution:
					(A)In passing the Trade Act of 1974 (19 U.S.C.
			 2101 et seq.), Congress sought revision of GATT articles with respect to
			 the treatment of border adjustments for international taxes to redress the
			 disadvantage to countries relying primarily on direct rather than indirect
			 taxes for revenue needs..
					(B)In section
			 1101(b)(16) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C.
			 2901(b)(16)) and section 2102(b)(15) of Bipartisan Trade Promotion Authority
			 Act of 2002 (19 U.S.C. 3802(b)(15)), Congress declared that a principal trade
			 negotiating objective of the United States is to obtain a revision of WTO rules
			 with respect to the treatment of border taxes in order to redress the
			 disadvantage to countries relying primarily on direct taxes for revenue rather
			 than indirect taxes.
					(8)The disparate
			 treatment of border taxes is arbitrary, inequitable, causes economic
			 distortions based only on the type of tax system used by a country, and is a
			 primary obstacle to more balanced trade relations between the United States and
			 its major trading partners.
				(b)Declarations of
			 policyCongress declares the following:
				(1)It is critically
			 necessary that the issue of border taxes be addressed and resolved in WTO
			 negotiations, whether in the ongoing Doha Development Round of WTO negotiations
			 or subsequent WTO negotiations.
				(2)If such WTO
			 negotiations fail to achieve the United States trade negotiating objective of
			 revising WTO rules with respect to the treatment of border taxes in order to
			 redress the disadvantage to countries relying primarily on direct taxes for
			 revenue rather than indirect taxes, then effective action through legislation
			 is warranted given the massive and inequitable distortions to trade that United
			 States agricultural producers, manufacturers, and service providers face as a
			 result of border taxes.
				3.Report on results
			 of WTO negotiations to revise WTO rules regarding border taxes
			(a)Report
			 requiredNot later than 60 days after the completion of WTO
			 negotiations, or by January 1, 2011, whichever occurs first, the United States
			 Trade Representative shall submit to Congress a report certifying whether or
			 not each of the United States trade negotiating objectives regarding border tax
			 treatment, as specified in subsection (b), has been met as a result of such
			 negotiations.
			(b)U.S. trade
			 negotiating objectives regarding border tax treatment
			 specifiedThe United States trade negotiating objectives
			 regarding border tax treatment specified in this subsection are the
			 following:
				(1)With respect to trade in goods, the
			 revision of WTO rules with respect to the treatment of border adjustments for
			 internal taxes to redress the disadvantage to countries relying primarily on
			 direct taxes for revenue rather than indirect taxes, as provided for in section
			 2102(b)(15) of Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C.
			 3802(b)(15)).
				(2)With respect to trade in services—
					(A)the elimination of
			 the disadvantage in trade in services that exists for countries relying
			 primarily on direct taxes that are not adjusted at the border rather than
			 indirect taxes that are adjusted at the border; and
					(B)the revision of
			 WTO rules regarding trade in services to ensure that such rules do not result
			 in disparate treatment of border adjustments for internal taxes based on the
			 direct or indirect nature of such taxes.
					(c)DefinitionIn this section, the terms WTO
			 negotiations and negotiations mean the ongoing Doha
			 Development Round of World Trade Organization negotiations or subsequent WTO
			 negotiations that may result in revisions to WTO rules to meet the United
			 States trade negotiating objectives regarding border tax treatment, as
			 specified in subsection (b).
			4.Tax on Imports
			 From Foreign Countries With An Indirect Tax SystemSubtitle
			 D of the Internal Revenue Code (26 U.S.C. 4461 et seq.) is amended by adding at
			 the end the following new subchapter G:

				GTax on Imports From
				Foreign Countries With An Indirect Tax System

						Sec. 4491. Imposition of tax.

					4491.Imposition of
				tax
						(a)General
				ruleThere is hereby imposed a tax on imports of goods and
				services from any foreign country that employs an indirect tax system and
				grants rebates of indirect taxes paid on goods or services exported from that
				country.
						(b)Amount of
				taxThe amount of the tax imposed by subsection (a) on an
				imported good or service shall be an amount equal to the excess of—
							(1)the indirect taxes
				that are rebated or not paid on the good or service upon its export,
				over
							(2)any indirect taxes
				imposed on the good or service at the border of the United States.
							(c)Liability and
				time of imposition of tax
							(1)LiabilityThe
				tax imposed by subsection (a) on a good or service shall be paid by the
				importer of such good or service.
							(2)Time of
				impositionThe tax imposed by subsection (a) shall be imposed on
				imports at the time of entry.
							(d)Period of
				applicabilityThe tax imposed by subsection (a) shall apply
				during the period beginning as prescribed in section 6(a)(1) of the
				Border Tax Equity Act of 2009
				and ending on the date on which the United States Trade Representative
				certifies to Congress that the United States trade negotiating goals of
				equitable border tax treatment have been met.
						(e)Special
				accountThe tax on imports under subsection (a) shall be
				collected by the Bureau of Customs and Border Protection and deposited into a
				special account. This special account shall be the source of payments to
				qualified United States exporters under section 314(b) of the Tariff Act of
				1930.
						(f)DefinitionsFor
				purposes of this subchapter—
							(1)SecretaryThe
				term Secretary means the Secretary of Homeland Security.
							(2)ImporterThe
				term importer means—
								(A)as such term
				relates to imports of goods, one of the parties eligible to file the required
				customs entry documentation or information pursuant to section 484(a)(2)(B) of
				the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)), and
								(B)as such term relates to imports of
				services, the importer of the service as defined by the Secretary in rules and
				regulations promulgated under this subchapter.
								(3)Time of
				entryThe term time of entry means—
								(A)as relates to
				imports of goods, the time generally specified in section 484(a)(2)(A) of the
				Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(A)) and prescribed in regulations (19
				C.F.R. 141.68), and
								(B)as relates to
				imports of services, the time specified by the Secretary in rules and
				regulations promulgated under this subchapter.
								(4)Indirect tax
				system and grants rebates of indirect taxesA foreign country
				employs an indirect tax system and grants rebates of indirect taxes paid on
				goods or services exported from that country if such country imposes indirect
				taxes (including sales taxes and value-added taxes (VAT)) on goods or services,
				and permits a rebate of such indirect taxes paid on goods or services exported
				from such country.
							(5)Value-added
				taxes (vat)The term value-added taxes means an
				indirect general consumption tax that is levied by the exporting country on the
				value added to goods and services in that country at multiple stages of the
				production and supply chain. This type of tax is also referred to as a goods
				and services tax (GST).
							(g)RegulationsThe
				Secretary may prescribe such rules and regulations as are necessary to carry
				out this
				section.
						.
		5.Payments to
			 United States exporters to neutralize discriminatory effect of border taxes
			 imposed by importing countriesPart II of title III of the Tariff Act of
			 1930 (19 U.S.C. 1305 et seq.) is amended by inserting after section 313 the
			 following:

				314.Payments to
				United States exporters to neutralize discriminatory effect of border taxes
				imposed by importing countries
					(a)Payments
				required
						(1)In
				generalUpon exportation of
				goods or services from the United States to any foreign country that employs an
				indirect tax system and imposes or applies indirect taxes on imports of goods
				or services at the border, the Secretary of Homeland Security, acting through
				the Commissioner responsible for the Bureau of Customs and Border Protection,
				shall, if requested by the exporter, pay to the exporter an amount equal to the
				amount of indirect taxes that the importing foreign country imposes or applies
				at the border to such goods or services, minus any United States taxes paid on
				such goods or services that have been rebated or refunded upon
				exportation.
						(2)Information to
				be included in requestAn exporter who requests a payment under
				paragraph (1) shall, in such request, identify the indirect taxes imposed by
				the importing foreign country and present proof of the payment of such taxes to
				the importing foreign country’s authorities within a reasonable period of time
				after exportation of the goods or services.
						(b)Source of
				payments
						(1)Special
				accountThe payments required under subsection (a) shall be paid
				from amounts contained in the special account authorized under section 4491(e)
				of the Internal Revenue Code of 1986.
						(2)Appropriation of
				additional amountsTo the extent that, at any time, amounts
				contained in the special account described in paragraph (1) are inadequate to
				make payments required under subsection (a), there are hereby appropriated, out
				of any money in the Treasury of the United States not otherwise appropriated,
				such sums as may be necessary for such purpose.
						(c)Period of
				applicabilityThe requirement
				to make payments under subsection (a) shall apply during the period beginning
				as prescribed in subsection (a)(2) or (b) of section 6 of the Border Tax Equity
				Act of 2009, as the case may be, and ending on the date on which the United
				States Trade Representative certifies to Congress that each of the United
				States trade negotiating goals regarding border tax treatment have been met.
					(d)RegulationsThe
				Secretary of Homeland Security is authorized to prescribe such rules and
				regulations as are necessary to carry out the provisions of this
				section.
					(e)DefinitionsIn this section:
						(1)Indirect tax
				system and imposes or applies indirect taxes on imports of goods or services at
				the borderA foreign country
				employs an indirect tax system and imposes or applies indirect taxes on imports
				of goods or services at the border if such country imposes indirect taxes
				(including sales taxes and value-added taxes (VAT)) on goods or services, and
				imposes or applies such indirect taxes on imports of goods or services at the
				border.
						(2)Value-added
				taxes (vat)The term value-added taxes means an
				indirect general consumption tax that is levied by the exporting country on the
				value added to goods and services in that country at multiple stages of the
				production and supply chain. This type of tax is also referred to as a goods
				and services tax
				(GST).
						.
		6.Effective
			 dates
			(a)General
			 effective dateIf, pursuant to subsection (a) of section 3 of
			 this Act, the United States Trade Representative fails to certify to Congress
			 by the applicable date specified in such subsection that each of the United
			 States trade negotiating objectives regarding border tax treatment described in
			 subsection (b) of such section has been met as a result of WTO negotiations,
			 then—
				(1)section 4491 of the
			 Internal Revenue Code of 1986, as added by section 4 of this Act, shall take
			 effect 90 days after such date; and
				(2)subject to
			 subsection (b), section 314 of the Tariff Act of 1930, as added by section 5 of
			 this Act, shall take effect 120 days after such date.
				(b)Earlier
			 effective date for exports of services
				(1)In
			 generalIf, pursuant to subsection (a) of section 3 of this Act,
			 the United States Trade Representative fails to certify to Congress by January
			 1, 2010, that each of the United States trade negotiating objectives regarding
			 border tax treatment described in subsection (b) of such section has been met
			 as a result of WTO negotiations, then section 314 of the Tariff Act of 1930, as
			 added by section 5 of this Act, shall take effect on January 1, 2010, with
			 respect to exports of services from the United States as described in section
			 314 of the Tariff Act of 1930.
				(2)Appropriation of
			 amountsThere are hereby appropriated, out of any money in the
			 Treasury of the United States not otherwise appropriated, such sums as may be
			 necessary for making payments with respect to exports of services from the
			 United States in accordance with section 314 of the Tariff Act of 1930, as
			 added by section 5 of this Act, until such time as the special account
			 authorized under subsection (e) of section 4491 of the Internal Revenue Code of
			 1986, as added by section 4 of this Act, is established and amounts contained
			 in the special account are adequate to make such payments.


115 HR 3117 IH: Transparency and Honesty in Energy Regulations Act of 2017
U.S. House of Representatives
2017-06-29
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.

I115th CONGRESS1st SessionH. R. 3117IN THE HOUSE OF REPRESENTATIVESJune 29, 2017Mr. Jenkins of West Virginia (for himself, Mr. Culberson, Mr. McKinley, Mr. Mullin, Mr. Womack, Mr. LaHood, Mr. Flores, Mr. Griffith, Mr. Bishop of Utah, Mr. Cole, Mr. Gosar, Mr. Olson, and Mr. Mooney of West Virginia) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Natural Resources, 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 concernedA BILLTo prohibit the Secretary of Energy, the Administrator of the Environmental Protection Agency, the
			 Secretary of the Interior, and the Chair of the Council on Environmental
			 Quality from considering the social cost of carbon, the social cost of
			 methane, or the social cost of nitrous oxide, in taking any action, and
			 for other purposes.

 1.Short titleThis Act may be cited as the Transparency and Honesty in Energy Regulations Act of 2017. 2.FindingsCongress finds that—
 (1)as a tool to justify Federal actions by the Secretary of Energy, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Chair of the Council on Environmental Quality to address greenhouse gas emissions, including the regulation or prohibition of the exploration, mining, production, and use of coal and other fossil fuels as energy sources, the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide represent the hypothetical cost of 1 incremental ton of carbon dioxide, methane, or nitrous oxide emissions in a given year;
 (2)the document of the Office of Management and Budget entitled Circular A–4 and dated September 17, 2003— (A)guides Federal agencies on the development of regulatory impact analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) and other authorities; and
 (B)instructs Federal agencies to include discount rates of 3 and 7 percent and evaluate the costs and benefits of the regulatory action that accrue to citizens and residents of the United States;
 (3)first developed in 2009 by an interagency working group that included the Department of Energy, the Environmental Protection Agency, and the Council on Environmental Quality, the estimates for the social cost of carbon, as well as the subsequently developed estimates of the social cost of methane, and the social cost of nitrous oxide fail to comply with the 3- and 7-percent discount rates prescribed by the document of the Office of Management and Budget entitled Circular A–4 and dated September 17, 2003;
 (4)while the document of the Office of Management and Budget entitled Circular A–4 and dated September 17, 2003, specifies that, in carrying out an evaluation of the global effects of a rule, regulation, or action, the evaluation shall be reported separately from domestic costs and benefits of that rule, regulation, or action, the social cost of carbon instead calculates the global benefits in lieu of, not in addition to, the domestic costs of a rule, regulation, or action;
 (5)the use of the estimates for the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide, in the rulemakings of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality without public notice and an adequate opportunity for comment violates scientific peer review requirements;
 (6)the Environmental Protection Agency relied upon the social cost of methane, without appropriate peer review or opportunity for public notice and comment, in justifying the costs and benefits of the September 2015 proposed and the June 2016 finalized rules under the Clean Air Act for methane emissions from new, modified, and reconstructed sources in the oil and gas sector;
 (7)the Department of the Interior used the social cost of methane estimate to justify the costs and benefits of the final rule entitled Waste Prevention, Production Subject to Royalties, and Resource Conservation (81 Fed. Reg. 83008 (November 18, 2016));
 (8)the Council on Environmental Quality issued final guidance on August 1, 2016, that, with respect to a monetary cost-benefit analysis for an evaluation of a proposed Federal action under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), directed the head of each Federal agency to include the social cost of carbon in any consideration of the effect of greenhouse gas emissions;
 (9)the regulations of the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality are costing families of the United States billions of dollars each year and are justified, in large part, by the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide;
 (10)continued use of the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide by the Department of Energy, the Environmental Protection Agency, the Department of the Interior, and the Council on Environmental Quality ignores sound science for the purpose of eliminating the exploration, mining, production, and use of the abundant domestic sources of fossil fuel energy of the United States;
 (11)Executive Order 13777 (82 Fed. Reg. 12285 (March 1, 2017)) states that the policy of the United States is to alleviate any unnecessary regulatory burden on the people of the United States; and
 (12)Executive Order 13783 of March 28, 2017 (82 Fed. Reg. 16093 (March 31, 2017))— (A)disbands the interagency working group referred to in paragraph (3);
 (B)withdraws the social cost of carbon, the social cost of methane, and the social cost of nitrous oxide; and
 (C)directs Federal agencies, in monetizing the value of changes in greenhouse gas emissions as a result of a regulation, to follow the document of the Office of Management and Budget entitled Circular A–4 and dated September 17, 2003, by using the discount rates specified in that document and evaluating only the domestic effects of the regulation.
 3.DefinitionsIn this Act: (1)AdministratorThe term Administrator means the Administrator of the Environmental Protection Agency.
 (2)Social cost of carbonThe term social cost of carbon means— (A)the estimate of the social cost of carbon described in—
 (i)the document entitled Technical Support Document: Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866, published by the Interagency Working Group on Social Cost of Carbon, United States Government, in February 2010; or
					(ii)
 (I)the document entitled Technical Support Document: Technical Update of the Social Cost of Carbon for Regulatory Impact Analysis Under Executive Order 12866, published by the Interagency Working Group on Social Cost of Carbon, United States Government, in May 2013 and revised in November 2013 and July 2015, and published and revised by the Interagency Working Group on the Social Cost of Greenhouse Gases, United States Government, in August 2016; or
 (II)any successor or substantially related document; and (B)any other estimate of the monetized damages associated with an incremental increase in carbon dioxide emissions in a given year.
 (3)Social cost of methaneThe term social cost of methane means— (A)the estimate of the social cost of methane described in—
 (i)the proposed rule entitled Oil and Natural Gas Sector: Emission Standards for New and Modified Sources (80 Fed. Reg. 56593 (September 18, 2015)); (ii)the final rule entitled Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources (81 Fed. Reg. 35824 (June 3, 2016));
 (iii)the regulatory impact analysis entitled Regulatory Impact Analysis of the Final Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources, prepared by the Environmental Protection Agency, Office of Air and Radiation, in May 2016 and identified by docket ID number EPA–HQ–OAR–2010–0505–7630; or
					(iv)
 (I)the document entitled Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide, published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or
 (II)any successor or substantially related document; and (B)any other estimate of the monetized damages associated with an incremental increase in methane emissions in a given year.
 (4)Social cost of nitrous oxideThe term social cost of nitrous oxide means— (A)the estimate of the social cost of nitrous oxide described in—
 (i)the document entitled Addendum to Technical Support Document on Social Cost of Carbon for Regulatory Impact Analysis under Executive Order 12866: Application of the Methodology to Estimate the Social Cost of Methane and the Social Cost of Nitrous Oxide, published by the Interagency Working Group on Social Cost of Greenhouse Gases, United States Government, in August 2016; or
 (ii)any other successor or substantially related document; and (B)any other estimate of the monetized damages associated with an incremental increase in nitrous oxide emissions in a given year.
				4.Prohibition on considering the social cost of greenhouse gas, including the social cost of carbon,
			 the social cost of methane, and the social cost of nitrous oxide
 (a)In generalThe Secretary of Energy, under any authority, the Administrator, under the Clean Air Act (42 U.S.C. 7401 et seq.), the Secretary of the Interior, under any authority, and the Chair of the Council on Environmental Quality, under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), may not consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide—
 (1)as part of any cost-benefit analysis required under— (A)any law;
 (B)Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); or (C)Executive Order 13563 (5 U.S.C. 601 note; relating to improving regulation and regulatory review);
 (2)in any rulemaking; (3)in the issuance of any guidance;
 (4)in taking any other agency action; or (5)as a justification for any rulemaking, guidance document, or agency action.
 (b)ExceptionThe Secretary of Energy, the Administrator, the Secretary of the Interior, and the Chair of the Council on Environmental Quality may consider the social cost of carbon, social cost of methane, or social cost of nitrous oxide in carrying out an activity described in subsection (a) only if, after the date of enactment of this Act—
 (1)a Federal law is enacted that explicitly authorizes the consideration; or (2)the Secretary of Energy, the Administrator, the Secretary of the Interior, or the Chair of the Council on Environmental Quality uses an estimate for the social cost of carbon, social cost of methane, or social cost of nitrous oxide that—
 (A)complies with the requirements of the document of the Office of Management and Budget entitled Circular A–4 and dated September 17, 2003; (B)uses the discount rates of 3 and 7 percent specified in that document;
 (C)considers only the domestic costs and benefits of the activity; and (D)uses only—
 (i)the most up to date and empirically estimated equilibrium climate sensitivity distributions; and (ii)realistic time horizons.
 5.Report of the AdministratorNot later than 120 days after the date of enactment of this Act, the Administrator, in coordination and consultation with the Secretary of Energy, the Secretary of the Interior, and the Chair of the Council on Environmental Quality, shall submit to the Committees on Energy and Commerce and Natural Resources of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate a report describing the number of proposed and final rulemakings, guidance documents, and agency actions that, since January 2009, have used the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide, including the use of the social cost of carbon, the social cost of methane, or the social cost of nitrous oxide as part of any cost-benefit analysis required under Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review) or other relevant authority.


113 HRES 746 IH: Expressing support for the people of Bosnia and Herzegovina as they seek to hold government officials accountable, prepare for elections at the state, entity, and cantonal level, and consider constitutional or other reforms to enhance the country’s prospects for European and Euro-Atlantic integration.
U.S. House of Representatives
2014-09-18
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
		2d Session
		H. RES. 746
		IN THE HOUSE OF REPRESENTATIVES

			September 18, 2014
			Mr. Smith of New Jersey (for himself and Mr. Keating) submitted the following resolution; which was referred to the Committee on Foreign Affairs

		RESOLUTION
		Expressing support for the people of Bosnia and Herzegovina as they seek to hold government
			 officials accountable, prepare for elections at the state, entity, and
			 cantonal level, and consider constitutional or other reforms to enhance
			 the country’s prospects for European and Euro-Atlantic integration.

		Whereas a brutal conflict marked by more than three years of aggression and ethnic cleansing,
			 including the commission of war crimes, crimes against humanity, and
			 genocide as well as the use of sexual violence, especially rape, as a tool
			 of war, was brought to an end by the decisive actions eventually
			 undertaken by the international community with the strong leadership by
			 the United States, culminating in the General Framework Agreement for
			 Peace in Bosnia and Herzegovina (commonly referred to as the Dayton Peace Accords), which was agreed to at Wright Patterson Air Force base in Dayton, Ohio, on November 21, 1995,
			 and signed in Paris on December 14, 1995;
		Whereas considerable progress on post-conflict recovery was achieved by Bosnia and Herzegovina in
			 partnership with an actively engaged international community during the
			 first decade of the implementation of the Dayton Peace Accords, generating
			 efforts to move beyond the Accord’s compromises that were originally
			 intended to restore peace more quickly and preserve and protect human
			 life, but have been considered in a more stable and secure environment to
			 be a hindrance to the development of more democratic, efficient and
			 effective political institutions, particularly at the state level, during
			 a time when the prospects for European and Euro-Atlantic integration make
			 the existence of such institutions necessary;
		Whereas the Council of Europe’s Venice Commission has concluded that the current constitutional
			 arrangements of Bosnia and Herzegovina are neither efficient nor rational
			 and need to be reformed to make state-level institutions more effective
			 and democratic if the country is to move forward, and the European Court
			 for Human Rights has found certain provisions of the constitution of
			 Bosnia and Herzegovina to be in breach of the European Convention on Human
			 Rights because they establish ethnic criteria for certain elected
			 positions that are discriminatory;
		Whereas the failure to reach consensus on constitutional reforms in the second decade of the
			 implementation of the Dayton Peace Accords has led to a deterioration of
			 the political atmosphere in Bosnia and Herzegovina, which has been marred
			 by divisive rhetoric, unwillingness to work constructively with
			 representatives of the international community, threats to the
			 sovereignty, legal continuity, unity, and territorial integrity of the
			 country and pervasive official corruption;
		Whereas citizens in various municipalities of Bosnia and Herzegovina reacted to their severely
			 worsening socioeconomic conditions in 2014 with public protest and the
			 formulation of demands for the accountability of government officials, an
			 end to rampant corruption and numerous other actions to address their
			 grievances, particularly at the local level;
		Whereas elections at the state, entity, and cantonal level are scheduled to be held in Bosnia and
			 Herzegovina on October 12, 2014;
		Whereas the European Union (EU) has expressed its full and firm support for Bosnia and
			 Herzegovina’s EU perspective, considers the country to be a potential
			 candidate country for membership, but views it at a standstill in the
			 European integration process while other countries in the region are
			 moving ahead;
		Whereas the North Atlantic Treaty Organization (NATO) is committed to open membership to any
			 European country in a position to undertake the commitments and
			 obligations of membership and contribute to security in the Euro-Atlantic
			 area, including Bosnia and Herzegovina once it has achieved the necessary
			 progress in its reform efforts;
		Whereas the international community retains the robust powers given to it by the Dayton Peace
			 Accords, but has declined in recent years to use those powers adequately
			 to address the deterioration of the political atmosphere in Bosnia and
			 Herzegovina and the resulting stagnation in the country’s progress toward
			 integration; and
		Whereas it is in the national interest of the United States to ensure that the sovereignty, legal
			 continuity, unity, and territorial integrity of Bosnia and Herzegovina
			 within its internationally recognized borders, are respected and that
			 Bosnia and Herzegovina make progress in achieving its aspirations for
			 Euro-Atlantic and European integration through genuine reform efforts:
			 Now, therefore, be it

		That the House of Representatives—
			(1)reaffirms its continuing strong support for the sovereignty, legal continuity, unity, and
			 territorial integrity of Bosnia and Herzegovina within its internationally
			 recognized borders;
			(2)affirms equally strong support for the people of Bosnia and Herzegovina as they seek greater
			 democracy, economic prosperity, and successful integration in European and
			 Euro-Atlantic institutions;
			(3)expresses profound dissatisfaction with the inability of Bosnia and Herzegovina’s political leaders
			 to achieve agreement on reforms necessary for progress in these areas;
			(4)deplores the divisive rhetoric and abuse of legal protections that have become part of Bosnia and
			 Herzegovina’s political discourse, including the wrongful denial or
			 mischaracterization of crimes and genocide associated with the conflict
			 between 1992 and 1995, the excessive and unwarranted reliance on veto
			 powers to block decisionmaking at the state-level even when such
			 decisions do not present any reasonable threat to the vital interests of constituent peoples, and the general fomenting of distrust, division, and fear among citizens
			 based on the country’s ethnic and religious diversity;
			(5)views the October 12, 2014, elections at the state, entity, and cantonal level as an opportunity
			 for voters to address Bosnia and Herzegovina’s current political
			 stagnation and associated problems as well as to express support for
			 reform and for European and Euro-Atlantic integration;
			(6)calls upon the relevant authorities of Bosnia and Herzegovina to ensure these elections are
			 conducted in a free and fair manner;
			(7)encourages the growth of peaceful, civic activism to hold public officials accountable and to
			 engage citizens in the political life of the country, including in the
			 election process and any new initiatives to achieve structural or
			 constitutional reform, in order to achieve increased public trust in the
			 political process, broader consensus on the reforms to be adopted, and
			 more effective, efficient, and democratic governance;
			(8)calls upon the European Union and the North Atlantic Treaty Organization and their member states to
			 make clear the specific steps Bosnia and Herzegovina needs to take in the
			 integration process;
			(9)supports the maintenance of a robust international presence in Bosnia and Herzegovina and the full
			 retention and necessary use of all powers accorded to the international
			 community, including the Office of the High Representative, to meet fully
			 the objectives and conditions set by the international Peace
			 Implementation Council; and
			(10)urges the United States and concerned members of the international community, in all aspects of
			 their relations with Bosnia and Herzegovina, to place renewed emphasis, on
			 respect for the human rights and fundamental freedoms held by the
			 individual, which should not be compromised by any collective protections
			 and privileges accorded to a group, ethnically based or otherwise.


110 HR 3768 IH: To require the Secretary of the Interior to study and

U.S. House of Representatives
2007-10-04
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
		110th CONGRESS
		1st Session
		H. R. 3768
		IN THE HOUSE OF REPRESENTATIVES

			October 4, 2007
			Mr. Nunes (for
			 himself, Mr. McCarthy of California,
			 Mr. Costa,
			 Mr. Cardoza, and
			 Mr. Radanovich) introduced the
			 following bill; which was referred to the Committee on Natural
			 Resources

		A BILL
		To require the Secretary of the Interior to study and
		  construct all projects and programs that are included in the Friant Water Users
		  Authority document titled San Joaquin River Restoration Program: Water
		  Management Goal-Recirculation, Recapture of Restoration Flows and Mitigation of
		  Water Supply Reductions, and for other purposes.

		1.Short titleThis Act may be cited as the San
			 Joaquin River Settlement Water Management Goal Implementation
			 Act.
		2.Water management
			 goal implementation
			(a)Authorization
				(1)StudiesThe
			 Secretary of the Interior, acting through the Bureau of Reclamation, shall,
			 subject to paragraph (3), prepare feasibility studies for the design, planning,
			 and construction of all projects and programs that are included in the Friant
			 Water Users Authority document titled San Joaquin River Restoration
			 Program: Water Management Goal-Recirculation, Recapture of Restoration Flows
			 and Mitigation of Water Supply Reductions.
				(2)ParticipationThe Secretary of the Interior, acting
			 through the Bureau of Reclamation, may carry out any projects and programs
			 determined to be feasible pursuant to a study completed under paragraph
			 (1).
				(3)FundingThe actions authorized under this section
			 may be carried out to the extent that funds are made available in advance
			 through Acts of appropriation, donated funds, or funds made available by State
			 and local governments for such purposes.
				(b)ProjectsThe
			 projects referred to in subsection (a) include the following:
				(1)The Cross Valley Canal Intertie and
			 Friant-Kern Canal Reverse Flow Project.
				(2)The Kings River Pump-In Facility and Exchange Project.
				(3)The Trans Valley Canal Construction Project.
				(4)The Multi-District Conveyance Project.
				(5)The expansion of the Arvin-Edison-California Aqueduct Intertie.
				(6)The smaller San Joaquin River Interceptor Pumps & Pipeline Intertie to the
			 Delta Mendota Canal.
				(7)The larger San Joaquin River Interceptor Pumps & Intertie to the California
			 Aqueduct in Stanislaus County.
				(8)The Friant-Kern Canal Capacity Correction Project.
				(9)The Friant-Kern Canal Capacity Enlargement Project.
				(10)The
			 Chowchilla-Merced Intertie Canal Project.
				(11)The Delano Earlimart Irrigation District and the North Kern Water Storage
			 District Joint Groundwater Banking Facility.
				(12)The Shafter-Wasco Irrigation District Interconnection Project.
				(13)The Terra Bella
			 Irrigation District Interconnection Project.
				(14)The expansion of the Deer Creek and Tule River Authority Groundwater Banking
			 Program.
				(15)The Exeter Irrigation District Integrated Water Management Program.
				(16)The Lindsay Strathmore, Lindmore, Exeter, Lewis Creek, Ivanhoe, and Tulare
			 Irrigation Districts and the Kaweah Delta Water Conservation District
			 Groundwater Banking Facility.
				(17)The Orange Cove Irrigation District Multi-Institutional Water Management
			 Partnership.
				(18)The City of Orange Cove and Orange Cove Irrigation District Waste Water Reuse
			 Program.
				(19)The Tulare and Lindsay-Strathmore Irrigation Districts Water Exchange Program.
				(20)The expansion of
			 the Arvin-Edison Water Storage District Water Banking Program.
				(21)The expansion and
			 conversion of the Delano Earlimart Irrigation District Recharge Facility.
				(22)The Fresno
			 Irrigation District and the City of Clovis Joint Groundwater Banking Facility.
				(23)The Madera
			 Irrigation District Groundwater Banking Facility.
				(24)The Lower Tule River Irrigation District Canal Construction and Rehabilitation
			 Project.
				(25)The Saucelito
			 Irrigation District Distribution System Improvement Program.
				(26)The expansion of
			 the Tulare Irrigation District Canal Intake and Canal.
				(27)The Orange Cove
			 Irrigation District and the Tri-Valley Water District Water Management
			 Consolidation Program.
				(28)The Tulare Irrigation District On-Farm Efficiency Program.


		II
		Calendar No. 596
		109th CONGRESS
		2d Session
		S. 3873
		IN THE SENATE OF THE UNITED STATES

			September 7
			 (legislative day, September 6), 2006
			Mr. Inhofe introduced
			 the following bill; which was read the first time

			September 8, 2006
			Read the second time and placed on the
			 calendar

		A BILL
		To protect private property rights.

		1.Short
			 titleThis Act may be cited as
			 the Private Property Rights Protection
			 Act of 2006.
		2.Prohibition on
			 eminent domain abuse by States
			(a)In
			 GeneralNo State or political subdivision of a State shall
			 exercise its power of eminent domain, or allow the exercise of such power by
			 any person or entity to which such power has been delegated, over property to
			 be used for economic development or over property that is subsequently used for
			 economic development, if that State or political subdivision receives Federal
			 economic development funds during any fiscal year in which it does so.
			(b)Ineligibility
			 for Federal FundsA violation of subsection (a) by a State or
			 political subdivision shall render such State or political subdivision
			 ineligible for any Federal economic development funds for a period of 2 fiscal
			 years following a final judgment on the merits by a court of competent
			 jurisdiction that such subsection has been violated, and any Federal agency
			 charged with distributing those funds shall withhold them for such 2-year
			 period, and any such funds distributed to such State or political subdivision
			 shall be returned or reimbursed by such State or political subdivision to the
			 appropriate Federal agency or authority of the Federal Government, or component
			 thereof.
			(c)Opportunity to
			 Cure ViolationA State or political subdivision shall not be
			 ineligible for any Federal economic development funds under subsection (b) if
			 such State or political subdivision returns all real property the taking of
			 which was found by a court of competent jurisdiction to have constituted a
			 violation of subsection (a) and replaces any other property destroyed and
			 repairs any other property damaged as a result of such violation.
			3.Prohibition on
			 eminent domain abuse by the Federal GovernmentThe Federal Government or any authority of
			 the Federal Government shall not exercise its power of eminent domain to be
			 used for economic development.
		4.Private right of
			 action
			(a)Cause of
			 ActionAny owner of private property who suffers injury as a
			 result of a violation of any provision of this Act may bring an action to
			 enforce any provision of this Act in the appropriate Federal or State court,
			 and a State shall not be immune under the eleventh amendment to the
			 Constitution of the United States from any such action in a Federal or State
			 court of competent jurisdiction. In such action, the defendant has the burden
			 to show by clear and convincing evidence that the taking is not for economic
			 development. Any such property owner may also seek any appropriate relief
			 through a preliminary injunction or a temporary restraining order.
			(b)Limitation on
			 Bringing ActionAn action brought under this Act may be brought
			 if the property is used for economic development following the conclusion of
			 any condemnation proceedings condemning the private property of such property
			 owner, but shall not be brought later than seven years following the conclusion
			 of any such proceedings and the subsequent use of such condemned property for
			 economic development.
			(c)Attorneys’ Fee
			 and Other CostsIn any action or proceeding under this Act, the
			 court shall allow a prevailing plaintiff a reasonable attorneys’ fee as part of
			 the costs, and include expert fees as part of the attorneys’ fee.
			5.Notification by
			 Attorney General
			(a)Notification to
			 States and Political Subdivisions
				(1)Not later than 30
			 days after the enactment of this Act, the Attorney General shall provide to the
			 chief executive officer of each State the text of this Act and a description of
			 the rights of property owners under this Act.
				(2)Not later than
			 120 days after the enactment of this Act, the Attorney General shall compile a
			 list of the Federal laws under which Federal economic development funds are
			 distributed. The Attorney General shall compile annual revisions of such list
			 as necessary. Such list and any successive revisions of such list shall be
			 communicated by the Attorney General to the chief executive officer of each
			 State and also made available on the Internet website maintained by the United
			 States Department of Justice for use by the public and by the authorities in
			 each State and political subdivisions of each State empowered to take private
			 property and convert it to public use subject to just compensation for the
			 taking.
				(b)Notification to
			 Property OwnersNot later than 30 days after the enactment of
			 this Act, the Attorney General shall publish in the Federal Register and make
			 available on the Internet website maintained by the United States Department of
			 Justice a notice containing the text of this Act and a description of the
			 rights of property owners under this Act.
			6.ReportNot later than 1 year after the date of
			 enactment of this Act, and every subsequent year thereafter, the Attorney
			 General shall transmit a report identifying States or political subdivisions
			 that have used eminent domain in violation of this Act to the Chairman and
			 Ranking Member of the Committee on the Judiciary of the House of
			 Representatives and to the Chairman and Ranking Member of the Committee on the
			 Judiciary of the Senate. The report shall—
			(1)identify all
			 private rights of action brought as a result of a State’s or political
			 subdivision’s violation of this Act;
			(2)identify all
			 States or political subdivisions that have lost Federal economic development
			 funds as a result of a violation of this Act, as well as describe the type and
			 amount of Federal economic development funds lost in each State or political
			 subdivision and the Agency that is responsible for withholding such
			 funds;
			(3)discuss all
			 instances in which a State or political subdivision has cured a violation as
			 described in section 2(c) of this Act.
			7.Sense of
			 Congress regarding rural america
			(a)FindingsCongress
			 finds the following:
				(1)The founders
			 realized the fundamental importance of property rights when they codified the
			 Takings Clause of the Fifth Amendment to the Constitution, which requires that
			 private property shall not be taken for public use, without just
			 compensation.
				(2)Rural lands are
			 unique in that they are not traditionally considered high tax
			 revenue-generating properties for State and local governments. In addition,
			 farmland and forest land owners need to have long-term certainty regarding
			 their property rights in order to make the investment decisions to commit land
			 to these uses.
				(3)Ownership rights
			 in rural land are fundamental building blocks for our Nation’s agriculture
			 industry, which continues to be one of the most important economic sectors of
			 our economy.
				(4)In the wake of
			 the Supreme Court’s decision in Kelo v. City of New London, abuse of eminent
			 domain is a threat to the property rights of all private property owners,
			 including rural land owners.
				(b)Sense of
			 CongressIt is the sense of Congress that the use of eminent
			 domain for the purpose of economic development is a threat to agricultural and
			 other property in rural America and that the Congress should protect the
			 property rights of Americans, including those who reside in rural areas.
			 Property rights are central to liberty in this country and to our economy. The
			 use of eminent domain to take farmland and other rural property for economic
			 development threatens liberty, rural economies, and the economy of the United
			 States. The taking of farmland and rural property will have a direct impact on
			 existing irrigation and reclamation projects. Furthermore, the use of eminent
			 domain to take rural private property for private commercial uses will force
			 increasing numbers of activities from private property onto this Nation’s
			 public lands, including its National forests, National parks and wildlife
			 refuges. This increase can overburden the infrastructure of these lands,
			 reducing the enjoyment of such lands for all citizens. Americans should not
			 have to fear the government’s taking their homes, farms, or businesses to give
			 to other persons. Governments should not abuse the power of eminent domain to
			 force rural property owners from their land in order to develop rural land into
			 industrial and commercial property. Congress has a duty to protect the property
			 rights of rural Americans in the face of eminent domain abuse.
			8.DefinitionsIn this Act the following definitions
			 apply:
			(1)Economic
			 developmentThe term economic development means
			 taking private property, without the consent of the owner, and conveying or
			 leasing such property from one private person or entity to another private
			 person or entity for commercial enterprise carried on for profit, or to
			 increase tax revenue, tax base, employment, or general economic health, except
			 that such term shall not include—
				(A)conveying private
			 property—
					(i)to
			 public ownership, such as for a road, hospital, airport, or military
			 base;
					(ii)to
			 an entity, such as a common carrier, that makes the property available to the
			 general public as of right, such as a railroad or public facility;
					(iii)for use as a
			 road or other right of way or means, open to the public for transportation,
			 whether free or by toll;
					(iv)for use as an
			 aqueduct, flood control facility, pipeline, or similar use;
					(B)removing harmful
			 uses of land provided such uses constitute an immediate threat to public health
			 and safety;
				(C)leasing property
			 to a private person or entity that occupies an incidental part of public
			 property or a public facility, such as a retail establishment on the ground
			 floor of a public building;
				(D)acquiring
			 abandoned property;
				(E)clearing
			 defective chains of title;
				(F)taking private
			 property for use by a public utility; and
				(G)redeveloping of a
			 brownfield site as defined in the Small Business Liability Relief and
			 Brownfields Revitalization Act (42 U.S.C. 9601(39)).
				(2)Federal
			 economic development fundsThe term Federal economic
			 development funds means any Federal funds distributed to or through
			 States or political subdivisions of States under Federal laws designed to
			 improve or increase the size of the economies of States or political
			 subdivisions of States.
			(3)StateThe
			 term State means each of the several States, the District of
			 Columbia, the Commonwealth of Puerto Rico, or any other territory or possession
			 of the United States.
			9.Severability and
			 effective date
			(a)SeverabilityThe
			 provisions of this Act are severable. If any provision of this Act, or any
			 application thereof, is found unconstitutional, that finding shall not affect
			 any provision or application of the Act not so adjudicated.
			(b)Effective
			 DateThis Act shall take effect upon the first day of the first
			 fiscal year that begins after the date of the enactment of this Act, but shall
			 not apply to any project for which condemnation proceedings have been initiated
			 prior to the date of enactment.
			10.Sense of
			 CongressIt is the policy of
			 the United States to encourage, support, and promote the private ownership of
			 property and to ensure that the constitutional and other legal rights of
			 private property owners are protected by the Federal Government.
		11.Broad
			 constructionThis Act shall be
			 construed in favor of a broad protection of private property rights, to the
			 maximum extent permitted by the terms of this Act and the Constitution.
		12.Limitation on
			 statutory constructionNothing
			 in this Act may be construed to supersede, limit, or otherwise affect any
			 provision of the Uniform Relocation Assistance and Real Property Acquisition
			 Policies Act of 1970 (42 U.S.C. 4601 et seq.).
		13.Religious and
			 nonprofit organizations
			(a)Prohibition on
			 StatesNo State or political subdivision of a State shall
			 exercise its power of eminent domain, or allow the exercise of such power by
			 any person or entity to which such power has been delegated, over property of a
			 religious or other nonprofit organization by reason of the nonprofit or
			 tax-exempt status of such organization, or any quality related thereto if that
			 State or political subdivision receives Federal economic development funds
			 during any fiscal year in which it does so.
			(b)Ineligibility
			 for Federal FundsA violation of subsection (a) by a State or
			 political subdivision shall render such State or political subdivision
			 ineligible for any Federal economic development funds for a period of 2 fiscal
			 years following a final judgment on the merits by a court of competent
			 jurisdiction that such subsection has been violated, and any Federal agency
			 charged with distributing those funds shall withhold them for such 2-year
			 period, and any such funds distributed to such State or political subdivision
			 shall be returned or reimbursed by such State or political subdivision to the
			 appropriate Federal agency or authority of the Federal Government, or component
			 thereof.
			(c)Prohibition on
			 Federal GovernmentThe Federal Government or any authority of the
			 Federal Government shall not exercise its power of eminent domain over property
			 of a religious or other nonprofit organization by reason of the nonprofit or
			 tax-exempt status of such organization, or any quality related thereto.
			14.Report by
			 Federal agencies on regulations and procedures relating to eminent
			 domainNot later than 180 days
			 after the date of the enactment of this Act, the head of each Executive
			 department and agency shall review all rules, regulations, and procedures and
			 report to the Attorney General on the activities of that department or agency
			 to bring its rules, regulations and procedures into compliance with this
			 Act.
		15.Sense of
			 CongressIt is the sense of
			 Congress that any and all precautions shall be taken by the government to avoid
			 the unfair or unreasonable taking of property away from survivors of Hurricane
			 Katrina who own, were bequeathed, or assigned such property, for economic
			 development purposes or for the private use of others.

		September 8, 2006
		Read the second time and placed on the
		  calendar