116 S3600 IS: Li Wenliang Global Public Health Accountability Act of 2020
U.S. Senate
2020-05-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 3600IN THE SENATE OF THE UNITED STATESMay 5, 2020Mr. Cotton (for himself, Mr. Hawley, Mrs. Loeffler, Mr. Toomey, and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Foreign RelationsA BILLTo authorize the imposition of sanctions with respect to the deliberate concealment or distortion of information about public health emergencies of international concern, and for other purposes.1.Short titleThis Act may be cited as the Li Wenliang Global Public Health Accountability Act of 2020.2.Authorization of imposition of sanctions(a)In generalThe President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence—(1)is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, or financially benefits from, acts intended to deliberately conceal or distort information about a public health emergency of international concern, including coronavirus disease 2019 (commonly known as COVID–19); or(2)has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an act described in paragraph (1).(b)Sanctions describedThe sanctions described in this subsection are the following:(1)Inadmissibility to United StatesIn the case of a foreign person who is an individual—(A)ineligibility to receive a visa to enter the United States or to be admitted to the United States; or(B)if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)), of the visa or other documentation.(2)Blocking of property(A)In generalThe blocking, in accordance with the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.(B)Exception relating to importation of goods(i)In generalThe authority to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanctions on the importation of goods.(ii)Good definedIn this subparagraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (c)Consideration of certain information in imposing sanctionsIn determining whether to impose sanctions under subsection (a), the President shall consider—(1)information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and(2)credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights and global health issues, including issues related to infectious disease.(d)Requests by appropriate congressional committees(1)In generalNot later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person is described in subsection (a), the President shall—(A)determine if that person is so described; and (B)submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes—(i)a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and(ii)if the President imposed or intends to impose sanctions, a description of those sanctions.(2)RequirementsA request under paragraph (1) with respect to whether a foreign person is described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees.(e)Exception To comply with United Nations headquarters agreement and law enforcement objectivesSanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States—(1)would further important law enforcement objectives; or (2)is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States.(f)Enforcement of blocking of propertyA person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.(g)Reports requiredNot later than 120 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that includes—(1)a list of each foreign person with respect to which the President imposed sanctions under subsection (b) during the year preceding the submission of the report;(2)a description of the type of sanctions imposed with respect to each such person;(3)the number of foreign persons with respect to which the President—(A)imposed sanctions under subsection (b) during that year; or(B)terminated sanctions under subsection (h) during that year;(4)the dates on which such sanctions were imposed or terminated, as the case may be;(5)the reasons for imposing or terminating such sanctions; and(6)a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by this section. (h)Termination of sanctionsThe President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that—(1)credible information exists that the person did not engage in the activity for which sanctions were imposed;(2)the person has been prosecuted appropriately for the activity for which sanctions were imposed; or(3)the termination of the sanctions is in the national security interests of the United States.(i)Regulatory authorityThe President shall issue such regulations, licenses, and orders as are necessary to carry out this section.(j)DefinitionsIn this section:(1)Appropriate congressional committeesThe term appropriate congressional committees means—(A)the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B)the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives.(2)Foreign personThe term foreign person means a person that is not a United States person.(3)PersonThe term person means an individual or entity.(4)Public health emergency of international concernThe term public health emergency of international concern means a public health emergency determined to be a public health emergency of international concern by the World Health Organization.(5)United states personThe term United States person means—(A)an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;(B)an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or(C)any person in the United States.


109 HR 5983 IH: Medicare Independent Living Act of

U.S. House of Representatives
2006-07-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 5983
		IN THE HOUSE OF REPRESENTATIVES

			July 28, 2006
			Mr. Brown of Ohio
			 (for himself, Mr. Markey,
			 Mr. Waxman,
			 Mr. Blumenauer,
			 Mr. Wexler,
			 Mrs. Davis of California, and
			 Mr. Davis of Florida) introduced the
			 following bill; which was referred to the Committee on Energy and Commerce, and in
			 addition to the Committee on Ways and
			 Means, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to
		  eliminate the in the home restriction for Medicare coverage of mobility devices
		  for individuals with expected long-term needs.

		1.Short titleThis Act may be cited as the
			 Medicare Independent Living Act of
			 2006.
		2.Elimination of in
			 the home restriction for Medicare coverage of mobility devices for individuals
			 with expected long-term needs
			(a)In
			 generalSection 1861(n) of
			 the Social Security Act (42 U.S.C. 1395x(n) is amended by inserting or,
			 in the case of a mobility device required by an individual with expected
			 long-term need, used in customary settings for the purpose of normal domestic,
			 vocational, or community activities after
			 1819(a)(1)).
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to items
			 furnished on or after the date of enactment of this Act.


113 SRES 100 ATS: Commending and congratulating the University of Louisville men’s basketball team for winning its third Division I National Collegiate Athletic Association championship, and the University of Louisville women’s basketball team for being runner up in the 2013 Women’s Division I National Collegiate Athletic Association Basketball Tournament.
U.S. Senate
2013-04-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		III
		113th CONGRESS
		1st Session
		S. RES. 100
		IN THE SENATE OF THE UNITED STATES

			April 16, 2013
			Mr. McConnell (for
			 himself and Mr. Paul) submitted the
			 following resolution; which was considered and agreed to

		RESOLUTION
		Commending and congratulating the
		  University of Louisville men’s basketball team for winning its third Division I
		  National Collegiate Athletic Association championship, and the University of
		  Louisville women’s basketball team for being runner up in the 2013 Women’s
		  Division I National Collegiate Athletic Association Basketball
		  Tournament.

		Whereas, on April 8, 2013, the University of Louisville
			 Cardinals defeated the University of Michigan Wolverines, 82 to 76, in the
			 final game of the National Collegiate Athletic Association (referred to in this
			 preamble as NCAA) Division I Men’s Basketball Tournament in
			 Atlanta, Georgia;
		Whereas the Louisville Cardinals have won 3 national
			 titles and appeared in 10 NCAA Final Fours, their first title and third Final
			 Four appearance under Coach Rick Pitino;
		Whereas Hall of Fame Coach Rick Pitino is the only coach
			 to win NCAA national men’s basketball championships at 2 universities;
		Whereas senior guard Peyton Siva has led the Cardinals to
			 2 Big East Conference Tournament Championships, 2 NCAA Final Fours, and 1 NCAA
			 national title while playing for the University of Louisville men’s basketball
			 team;
		Whereas junior center Gorgui Dieng was named Big East
			 Conference Defensive Player of the Year and First Team All-Big East, along with
			 junior guard Russ Smith;
		Whereas junior forward Luke Hancock was named Most
			 Outstanding Player of the 2013 NCAA Final Four, the first nonstarter to win the
			 award;
		Whereas each player, coach, athletic trainer, and staff
			 member of the University of Louisville men’s basketball team dedicated their
			 season and tireless efforts to a successful team effort;
		Whereas the University of Louisville women’s basketball
			 team inspired the people of the Commonwealth with its memorable and exciting
			 run in the tournament and for being the lowest-seeded team to make it to the
			 NCAA title game since the inaugural women’s championship game in 1982;
		Whereas residents of the City of Louisville and the
			 Commonwealth of Kentucky and Cardinal fans worldwide are to be commended for
			 their long-standing support, perseverance, and pride in this team; and
		Whereas Coach Rick Pitino, Coach Jeff Walz, and the
			 University Louisville Cardinals have brought pride and honor to the City of
			 Louisville and the entire Commonwealth of Kentucky this season, which is
			 rightly known as the college basketball capital of the world: Now, therefore,
			 be it

		That the Senate—
			(1)commends and
			 congratulates the University of Louisville Cardinals on its outstanding
			 accomplishment; and
			(2)respectfully
			 requests that the Secretary of the Senate transmit a copy of this resolution to
			 the president of the University of Louisville.


113 S2735 IS: To provide for an extension of the Internet Tax Freedom Act.
U.S. Senate
2014-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS2d Session
		S. 2735
		IN THE SENATE OF THE UNITED STATES

			July 31, 2014
			Mr. Pryor (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To provide for an extension of the Internet Tax Freedom Act.

		1.Extension of Internet Tax Freedom Act(a)In
		generalSection 1101(a) of the
		Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking
		November 1, 2014 and inserting December 31,
		2014.
			(b)Grandfathering
		of States that tax Internet accessSection 1104(a)(2)(A) of such
		Act is amended by striking November 1, 2014 and inserting
		December 31, 2014.


115 S661 IS: Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy Act of 2017
U.S. Senate
2017-03-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 661IN THE SENATE OF THE UNITED STATESMarch 15, 2017Mr. Udall introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo assist entrepreneurs, support development of the creative economy, and encourage international
			 cultural exchange, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the Comprehensive Resources for Entrepreneurs in the Arts to Transform the Economy Act of 2017 or the CREATE Act of 2017.
 (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.TITLE I—Support for artists and entrepreneursSec. 101. Charitable contributions of certain items created by the taxpayer.Sec. 102. Microloan program expansion.Sec. 103. SBA business loans for the creative economy.Sec. 104. SBA technical assistance programs.Sec. 105. Arts-focused economic development.Sec. 106. Arts-focused rural development.Sec. 107. International participation in the arts.Sec. 108. Disaster support for artists through FEMA.TITLE II—Support for the creative economySec. 201. Modification of rules for charitable contributions of fractional gifts.Sec. 202. Capital gains tax rate relating to art.TITLE III—Creative community developmentSec. 301. Artist corps.Sec. 302. Community development entities focused on the arts for purposes of the new markets tax credit.Sec. 303. Demonstration program on support of local programs that promote creative and performance arts in local economic planning. ISupport for artists and entrepreneurs 101.Charitable contributions of certain items created by the taxpayer (a)In generalSubsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

						(8)Special rule for certain contributions of
				literary, musical, or artistic compositions
 (A)In generalIn the case of a qualified artistic charitable contribution—
 (i)the amount of such contribution shall be the fair market value of the property contributed (determined at the time of such contribution), and
 (ii)no reduction in the amount of such contribution shall be made under paragraph (1).
								(B)Qualified artistic charitable
 contributionFor purposes of this paragraph, the term qualified artistic charitable contribution means a charitable contribution of any literary, musical, artistic, or scholarly composition, or similar property, or the copyright thereon (or both), but only if—
 (i)such property was created by the personal efforts of the taxpayer making such contribution no less than 18 months prior to such contribution,
 (ii)the taxpayer— (I)has received a qualified appraisal of the fair market value of such property in accordance with the regulations under this section, and
 (II)attaches to the taxpayer’s income tax return for the taxable year in which such contribution was made a copy of such appraisal,
 (iii)the donee is an organization described in subsection (b)(1)(A),
 (iv)the use of such property by the donee is related to the purpose or function constituting the basis for the donee’s exemption under section 501 (or, in the case of a governmental unit, to any purpose or function described under subsection (c)),
 (v)the taxpayer receives from the donee a written statement representing that the donee’s use of the property will be in accordance with the provisions of clause (iv), and
 (vi)the written appraisal referred to in clause (ii) includes evidence of the extent (if any) to which property created by the personal efforts of the taxpayer and of the same type as the donated property is or has been—
 (I)owned, maintained, and displayed by organizations described in subsection (b)(1)(A), and
 (II)sold to or exchanged by persons other than the taxpayer, donee, or any related person (as defined in section 465(b)(3)(C)).
									(C)Maximum dollar limitation; no carryover of
 increased deductionThe increase in the deduction under this section by reason of this paragraph for any taxable year—
 (i)shall not exceed the artistic adjusted gross income of the taxpayer for such taxable year, and
 (ii)shall not be taken into account in determining the amount which may be carried from such taxable year under subsection (d).
								(D)Artistic adjusted gross
 incomeFor purposes of this paragraph, the term artistic adjusted gross income means that portion of the adjusted gross income of the taxpayer for the taxable year attributable to—
 (i)income from the sale or use of property created by the personal efforts of the taxpayer which is of the same type as the donated property, and
 (ii)income from teaching, lecturing, performing, or similar activity with respect to property described in clause (i).
								(E)Paragraph not to apply to certain
 contributionsSubparagraph (A) shall not apply to any charitable contribution of any letter, memorandum, or similar property which was written, prepared, or produced by or for an individual while the individual is an officer or employee of any person (including any government agency or instrumentality) unless such letter, memorandum, or similar property is entirely personal.
							(F)Copyright treated as separate property for
 partial interest ruleIn the case of a qualified artistic charitable contribution, the tangible literary, musical, artistic, or scholarly composition, or similar property and the copyright on such work shall be treated as separate properties for purposes of this paragraph and subsection (f)(3)..
				(b)Effective
 dateThe amendment made by this section shall apply to contributions made after the date of the enactment of this Act in taxable years ending after such date.
 102.Microloan program expansionSection 7(m)(6) of the Small Business Act (15 U.S.C. 636(m)(6)) is amended by adding at the end the following:

 (F)Loan criteria for artists and arts entrepreneursThe Administration, in consultation with eligible intermediaries, shall develop loan criteria to ensure that small business concerns owned and controlled by artists and small business concerns that support the creative economy receive loan proceeds under this subsection..
 103.SBA business loans for the creative economySection 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following:

 (35)Creative economyIn providing assistance under this subsection, the Administration shall develop procedures to evaluate the business proposals and business plans of small business concerns that focus on economic development, job creation, and community growth with respect to the creative economy..
 104.SBA technical assistance programsSection 21 of the Small Business Act (15 U.S.C. 648) is amended by adding at the end the following:  (o)Technical assistance programs for artists and arts entrepreneursThe Administration, in consultation with relevant stakeholders, shall develop technical assistance programs to be carried out by small business development centers under this subsection that target the specific needs of artists and arts entrepreneurs..
 105.Arts-focused economic developmentTitle II of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3141 et seq.) is amended by adding at the end the following:

					219.Arts-focused economic development
 (a)DefinitionsIn this section: (1)Business incubation programThe term business incubation program means a program that—
 (A)accelerates the successful development of entrepreneurial businesses through business support resources and services, developed or orchestrated by incubator management;
 (B)is designed to produce successful businesses; and (C)provides management guidance, technical assistance, and consulting designed for young, growing businesses, including by providing—
 (i)rental space and flexible leases; (ii)shared basic business services and equipment;
 (iii)technology support services; and (iv)assistance in obtaining financing necessary for growth of the business.
 (2)IncubatorThe term incubator means a multitenant facility with on-site management that directs a business incubation program. (b)Arts-Focused economic developmentIn providing grants and assistance under this Act (including through the local technical assistance, partnership planning, and comprehensive economic development strategies programs of the Economic Development Administration), the Secretary shall provide to artists and the creative economy support through traditional economic development tools, including—
 (1)incubators; and (2)economic development planning and technical assistance..
 106.Arts-focused rural developmentThe Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et seq.) is amended by adding at the end the following:

					JArts-Focused economic development
						386A.Arts-focused economic development
 (a)DefinitionsIn this section: (1)Business incubation programThe term business incubation program means a program that—
 (A)accelerates the successful development of entrepreneurial businesses through business support resources and services, developed or orchestrated by incubator management;
 (B)is designed to produce successful businesses; and (C)provides management guidance, technical assistance, and consulting designed for young, growing businesses, including by providing—
 (i)rental space and flexible leases; (ii)shared basic business services and equipment;
 (iii)technology support services; and (iv)assistance in obtaining financing necessary for growth of the business.
 (2)IncubatorThe term incubator means a multitenant facility with on-site management that directs a business incubation program. (b)Arts-Focused economic developmentIn providing grants and assistance under this Act (including through the local technical assistance, partnership planning, and comprehensive economic development strategies programs of the Office of Rural Development), the Secretary, acting through the Under Secretary for Rural Development, shall provide to artists and the creative economy support through traditional economic development tools, including—
 (1)incubators; and (2)economic development planning and technical assistance..
 107.International participation in the artsSection 214(c)(6)(D) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(6)(D)) is amended—
 (1)in the first sentence, by inserting (i) before Any person; (2)in the second sentence—
 (A)by striking Once and inserting Except as provided in clause (ii), once; and
 (B)by striking Attorney General shall and inserting Secretary of Homeland Security shall;
 (3)in the third sentence, by striking The Attorney General and inserting The Secretary; and (4)by adding at the end the following:

 (ii)The Secretary of Homeland Security shall adjudicate each petition for an alien with extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)), an alien accompanying such an alien (as described in section 101(a)(15)(O)(ii)), or an alien described in section 101(a)(15)(P) (other than an alien described in section 214(c)(4)(A) (relating to athletes)) not later than 14 days after—
 (I)the date on which the petitioner submits the petition with a written advisory opinion, letter of no objection, or request for a waiver; or
 (II)the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an opportunity to supply rebuttal evidence.
 (iii)If a petition described in clause (ii) is not adjudicated by the end of the 14-day period described in clause (ii) and the petitioner is an arts organization described in paragraph (3), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code for the taxable year preceding the calendar year in which the petition is submitted, or an individual or entity petitioning primarily on behalf of such an organization, the Secretary of Homeland Security shall provide the petitioner with the premium-processing services referred to in section 286(u), without a fee..
				108.Disaster support for artists through FEMA
 (a)In generalThe President, acting through the Administrator of the Federal Emergency Management Agency, shall promulgate rules to ensure that expenses incurred, as a result of a major disaster or emergency, by a self-employed or freelance worker, including a craft artist, fine artist, designer, literary artist, performing artist, or musician, to repair or replace tools needed by the self-employed or freelance worker are considered eligible expenses for assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174).
 (b)RequirementThe rules promulgated under subsection (a) may not require, as a condition of receiving such assistance under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174), an applicant—
 (1)to apply or be declined for assistance from the Small Business Administration; or (2)to demonstrate that assistance received from the Small Business Administration does not satisfy the total necessary expenses or serious needs arising out of a major disaster or emergency.
					IISupport for the creative economy
			201.Modification of
			 rules for charitable contributions of fractional gifts
				(a)Income tax
					(1)Additional
 requirements for deductionParagraph (1) of section 170(o) of the Internal Revenue Code of 1986 is amended to read as follows:

							(1)Denial of
				deduction in certain cases
								(A)In
 generalNo deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless—
 (i)all interests in the property are held immediately before such contribution by—
 (I)the taxpayer, or
 (II)the taxpayer and the donee,
 (ii)in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property,
 (iii)in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor—
 (I)to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and
 (II)to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in subsection (c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and
 (iv)if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service.
									In the case of a donor who dies before the date which is 20 years after the date of the initial
			 fractional contribution,  clause (iii)(II) is satisfied with respect to
			 such initial fractional contribution if the donor's will specifies that
			 all of the interests in such property will be contributed to the donee
 before such date.(B)ExceptionsThe Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph..
					(2)Valuation of
 subsequent giftsParagraph (2) of section 170(o) of such Code is amended to read as follows:

							(2)Valuation of
 subsequent giftsIn the case of any additional contribution, the fair market value of such contribution shall be determined by using a certified appraisal from the Art Advisory Panel of the Commissioner of Internal Revenue..
					(3)Recapture of
 deductionParagraph (3) of section 170(o) of such Code is amended—
 (A)by redesignating subparagraph (B) as subparagraph (C), and
 (B)by striking subparagraph (A) and inserting the following:

 (A)RecaptureThe Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property—
 (i)in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and
 (ii)in any case where such property is not in the physical possession of the donee (other than in the case of art which is fragile or unwieldy) and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as—
 (I)the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to
 (II)100 percent.
										(B)Applicable
 periodFor purposes of subparagraph (A), the applicable period means—
 (i)the 5-year period beginning on the date of the later of the initial fractional contribution, and
 (ii)each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II)..
						(b)Gift
			 tax
					(1)Additional
 requirements for deductionParagraph (1) of section 2522(e) of the Internal Revenue Code of 1986 is amended to read as follows:

							(1)Denial of
				deduction in certain cases
								(A)In
 generalNo deduction shall be allowed for a contribution of an undivided portion of a taxpayer's entire interest in tangible personal property unless—
 (i)all interests in the property are held immediately before such contribution by—
 (I)the taxpayer, or
 (II)the taxpayer and the donee,
 (ii)in the case of an initial fractional contribution, such contribution is an undivided portion of not less than 10 percent of all interests in the property,
 (iii)in the case of an initial fractional contribution, the contribution is made pursuant to a written binding contract which requires the donor—
 (I)to contribute not less than 20 percent of all interests in the property on or before the date that is 11 years after the date of the initial fractional contribution, and
 (II)to contribute all of the interests in such property to the donee (or if such donee is no longer in existence, to any person described in subsection (c)) on or before the earlier of the date of the death of the donor or the date which is 20 years after the date of the initial fractional contribution, and
 (iv)if the value of the tangible personal property with respect to which the undivided portion of the taxpayer's entire interest relates is greater than $1,000,000 (or such greater amount as determined by the Secretary), the taxpayer attaches to the return for the taxable year in which such contribution is made a statement of value obtained from the Internal Revenue Service.
									In the case of a donor who dies before the date which is 20 years after the date of the initial
			 fractional contribution,  clause (iii)(II) is satisfied with respect to
			 such initial fractional contribution if the donor's will specifies that
			 all of the interests in such property will be contributed to the donee
 before such date.(B)ExceptionsThe Secretary may, by regulation, provide for exceptions to subparagraph (A)(i) in cases where all persons who hold an interest in the property make proportional contributions of an undivided portion of the entire interest held by such persons. Such regulations may modify the requirements of clauses (ii) and (iii) of subparagraph (A) to the extent necessary to carry out the purposes of this subparagraph..
					(2)Recapture of
 deductionParagraph (2) of section 2522(e) of such Code is amended—
 (A)by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and
 (B)by striking subparagraph (A) and inserting the following:

 (A)RecaptureThe Secretary shall provide for the recapture of the amount of any deduction allowed under this section (plus interest) with respect to any contribution of an undivided portion of a taxpayer's entire interest in tangible personal property—
 (i)in any case in which the donor fails to meet the requirements described in paragraph (1)(A)(iii), and
 (ii)in any case where such property is not in the physical possession of the donee (other than in the case of art which is fragile or unwieldy) and used in a use which is related to a purpose or function constituting the basis for the donee organization's exemption under section 501 during any applicable period for a period of time which bears substantially the same ratio to 5 years as—
 (I)the percentage of the undivided interest of the donee in the property (determined on the day after such contribution was made), bears to
 (II)100 percent.
										(B)Applicable
 periodFor purposes of subparagraph (A), the applicable period means—
 (i)the 5-year period beginning on the date of the later of the initial fractional contribution, and
 (ii)each subsequent 5-year period occurring during the 20-year period described in paragraph (1)(A)(iii)(II)..
						(c)Effective
 dateThe amendments made by this section shall apply to contributions and gifts made after the date of the enactment of this Act.
				(d)Transition
 ruleIn the case of any additional contribution (as defined in section 170(o)(4) of the Internal Revenue Code of 1986) with respect to an initial fractional contribution (as defined in such section) made after August 17, 2006, and before the date of the enactment of this Act—
 (1)except for purposes of determining the fair market value of such contribution under section 170(o)(2) of the Internal Revenue Code of 1986 (as amended by this Act), such contribution shall be treated as an initial fractional contribution (as so defined) subject to the amendments made by this section, and
 (2)sections 170(o)(3)(A)(i) and 2522(e)(3)(A)(i) of such Code (as in effect before the date of the enactment of this Act) shall not apply with respect to any prior contribution of an undivided portion of the taxpayer's interest in the property.
					202.Capital gains tax rate relating to art
 (a)Exclusion from 28-Percent rate gainSubparagraph (A) of section 1(h)(5) of the Internal Revenue Code of 1986 is amended by striking paragraph (3) and inserting paragraph (2)(A) or (3). (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
				IIICreative community development
			301.Artist corps
 (a)CorpsSection 122(a) of the National and Community Service Act of 1990 (42 U.S.C. 12572(a)) is amended by adding at the end the following:

						(6)Artist Corps
 (A)In generalThe recipient may carry out national service programs through an Artist Corps that identifies and meets unmet needs within communities through artistic activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C).
 (B)ActivitiesAn Artist Corps described in this paragraph may carry out activities such as— (i)providing skilled visual and performance artists to address community needs through artistic activities in education, health care, and therapeutic settings, and in other settings in the community; or
 (ii)providing other artistic activities, addressing unmet community needs, that the Corporation may designate, such as technical assistance for grant writing, marketing, and financial planning.
 (C)Artist Corps indicatorsThe indicators for a corps program described in this paragraph are— (i)any indicator relating to meeting critical needs that the Corporation establishes; or
 (ii)any local indicator (applicable to a particular recipient or community and on which an improvement in performance is needed) relating to meeting critical needs, that is approved by the Corporation or a State Commission..
 (b)Conforming amendmentsSection 122 of such Act is amended— (1)in subsection (b)(3), by striking or (5) and inserting (5), or (6); and
 (2)in subsection (c)(1), in the matter preceding subparagraph (A), by striking through (5) and inserting through (6). 302.Community development entities focused on the arts for purposes of the new markets tax credit (a)In generalNot later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall develop and promulgate guidelines for the creation and operation of qualified community development entities—
 (1)which will be eligible to be certified as such by the Secretary of the Treasury under section 45D(c)(1)(C) of the Internal Revenue Code of 1986;
 (2)a qualified equity investment in which will, subject to allocation under section 45D(f) of such Code, be eligible for the credit under such section 45D; and
 (3)which will focus on investment in and the development and encouragement of the creative economy in low-income communities.
 (b)DefinitionsFor purposes of this section, any term used in subsection (a) which is also used in section 45D of the Internal Revenue Code of 1986 has the same meaning as when used in such section.
				303.Demonstration program on support of local programs that promote creative and performance arts in
			 local economic planning
 (a)Demonstration program requiredThe Secretary of Commerce shall establish a demonstration program to assess the feasibility and advisability of providing support to covered programs to promote creative and performing arts in the economic planning of local governments.
 (b)Covered programsFor purposes of the demonstration program required by subsection (a), a covered program is any program that—
 (1)was in effect on the day before the date of the enactment of this Act; and (2)the Secretary considers part of an art community.


		I
		112th CONGRESS
		2d Session
		H. R. 5663
		IN THE HOUSE OF REPRESENTATIVES

			May 9, 2012
			Mr. Bonner introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the rate of duty on mixtures of
		  certain types of Triazin.

		1.Mixtures of certain types of
			 Triazin
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Mixtures of
						2-[4-[(2-Hydroxy-3-dodecyloxypropyl)-oxy]-2-hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5-triazine
						(CAS No. 178905–31–2) and
						2-[4-[(2-Hydroxy-3-tridecyloxypropyl)-oxy]-2-hydroxyphenyl]-4,6-bis(2,4-dimethylphenyl)-1,3,5-triazine
						(CAS No. 178905–32–3) (provided for in subheading 3812.30.60)FreeNo
						changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to articles
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


116 HR 213 IH: Baseball Diplomacy Act
U.S. House of Representatives
2019-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 213IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Serrano introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, 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 waive certain prohibitions with respect to nationals of Cuba coming to the United States to play organized professional baseball.
1.Short titleThis Act may be cited as the Baseball Diplomacy Act. 2.Removal of certain restrictions (a)Restriction on Embargo AuthorityThe authorities of section 620(a) of the Foreign Assistance Act of 1961, those authorities under section 5(b) of the Trading with the Enemy Act that were being exercised with respect to Cuba on July 1, 1977, as a result of a national emergency declared before that date, and are being exercised on the date of the enactment of this Act, and section 203 of the International Emergency Economic Powers Act may not be exercised to regulate or prohibit—
(1)those transactions permitted under section 515.571 of title 31, Code of Federal Regulations, by or on behalf of a Cuban national who enters the United States from Cuba on a visa issued under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act for the purpose of playing organized professional baseball; and (2)a Cuban national described in paragraph (1) from returning to Cuba with the earnings made in playing organized professional baseball.
(b)Restriction on Immigration AuthorityThe authority contained in section 212(f) of the Immigration and Nationality Act may not be used to deny a visa described in subsection (a)(1) to a Cuban national for the purpose of playing organized professional baseball. (c)Inapplicability of Other RestrictionsThis section applies notwithstanding section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996.
3.Duration of visaA visa described in section 2(a)(1)— (1)shall permit the alien to whom the visa is issued to remain in the United States only for the duration of the baseball season; and
(2)need not be renewed for subsequent entries into the United States for the duration of a valid contract entered into between the alien and the professional baseball team with which the alien played in the preceding baseball season.


113 HCON 97 IH: Recognizing caregiving as a profession and the need for increased educational opportunities for both paid and family caregivers.
U.S. House of Representatives
2014-04-10
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. CON. RES. 97
		IN THE HOUSE OF REPRESENTATIVES

			April 10, 2014
			Mr. Terry submitted the following concurrent resolution; which was referred to the Committee on Education and the Workforce

		CONCURRENT RESOLUTION
		Recognizing caregiving as a profession and the need for increased educational opportunities for
			 both paid and family caregivers.

		Whereas 10,000 people in the United States turn 65 years old every day;
		Whereas an estimated 40,000,000 people, 13 percent of the population, are 65 years of age and
			 older;
		Whereas in 2056, for the first time, the population of adults age 65 and over is projected to
			 outnumber the population under age 18;
		Whereas by 2060, the population age 65 and older will represent just over 1 in 5 people in the
			 United States, up from 1 in 7 today;
		Whereas the 85+ population is projected to more than triple from 5,900,000 to 18,200,000 by 2060,
			 reaching 4.3 percent of the total population;
		Whereas more than 5,000,000 people in the United States have Alzheimer’s disease today;
		Whereas by 2050, up to 16,000,000 will have the disease;
		Whereas an estimated 60 to 70 percent of older adults with Alzheimer’s disease and other dementias
			 live at home and these individuals are examples of adults who need
			 assistance in their homes with their activities of daily living;
		Whereas two-thirds of people over the age of 65 need assistance from special devices or from a
			 caregiver to complete the activities of daily living;
		Whereas in order to address the surging population of seniors who have significant needs for
			 in-home care, the field of senior caregiving will continue to grow;
		Whereas there are an estimated 65,700,000 adults in the United States providing care to adult
			 relatives or friends and an estimated 985,000 paid senior caregivers;
		Whereas both unpaid family caregivers and paid caregivers work together to serve the daily living
			 needs of seniors who live in their own homes;
		Whereas employment of caregivers is projected to grow 49 percent from 2012 to 2022, much faster
			 than the average for all occupations; and
		Whereas the more a senior is able to provide for his or her own care, the less burden is placed on
			 public payment systems in Federal and State governments: Now, therefore,
			 be it

		That Congress—
			(1)recognizes caregiving as a profession and the need for increased educational opportunities for both
			 paid and family caregivers;
			(2)supports paid caregivers, the private home care industry, and the efforts of family caregivers
			 nationwide by encouraging individuals to provide care to family, friends,
			 and neighbors;
			(3)encourages accessible and affordable self-directed care for seniors;
			(4)supports current and future Federal programs which address the needs of seniors and their family
			 caregivers; and
			(5)encourages the Secretary of Health and Human Services to continue working to educate people in the
			 United States on the impact of aging and the importance of knowing the
			 options available to seniors when they need care to meet their personal
			 needs.


110 HR 5303 IH: To suspend temporarily the duty on Sedran

U.S. House of Representatives
2008-02-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5303
		IN THE HOUSE OF REPRESENTATIVES

			February 7, 2008
			Mr. Pascrell
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on Sedran
		  Technical.

		1.Sedran Technical
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Sedran Technical (CAS No. 114–26–1) (provided for in subheading
						  2924.29.47)FreeNo changeNo changeOn or before 12/31/2009

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.


		II
		110th CONGRESS
		2d Session
		S. 2984
		IN THE SENATE OF THE UNITED STATES

			May 6, 2008
			Mr. Akaka (by request)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Veterans'
			 Affairs

		A BILL
		To amend title 38, United States Code, to expand and
		  enhance veterans' benefits, and for other purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited as the Veterans' Benefits Enhancement Act of
			 2008.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. References to title 38, United States Code.
					TITLE I—EDUCATION MATTERS
					Sec. 101. Elimination of reporting requirement for prior
				training.
					Sec. 102. Modification of waiting period before affirmation of
				enrollment in a correspondence course.
					Sec. 103. Elimination of change-of-program
				application.
					Sec. 104. Elimination of wage earning requirement for
				self-employment on-job training.
					TITLE II—OTHER BENEFITS MATTERS
					Sec. 201. Staying of claims.
					Sec. 202. Management of Board of Veterans' Appeals
				Docket.
					Sec. 203. Authorization of memorial headstones and markers for
				deceased remarried surviving spouses of veterans.
					Sec. 204. Permanent authority for VA to fund contract medical
				disability examinations.
					Sec. 205. Modification of servicemembers' group life insurance
				coverage.
					Sec. 206. Permit VA to provide Temporary Residence Assistance
				Grants to certain active duty servicemembers.
					Sec. 207. Designation of VA Office of Small Business
				Programs.
					TITLE III—HEALTH CARE MATTERS
					Sec. 301. Noninstitutional extended care services.
					Sec. 302. Extensions of certain authorities.
					Sec. 303. Permanent authority for veterans who participated in
				certain chemical and biological testing conducted by the Department of
				Defense.
					Sec. 304. Repeal of certain annual reporting
				requirements.
					Sec. 305. Amendments to annual Gulf War research
				report.
					Sec. 306. Payment for care furnished to CHAMPVA
				beneficiaries.
					Sec. 307. Payor provisions for care furnished to certain
				children of Vietnam veterans.
					Sec. 308. Disclosures from certain medical records.
					Sec. 309. Provision of health-plan contract information and
				Social Security number.
					TITLE IV—MISCELLANEOUS PROVISIONS
					Sec. 401. Expansion of authority for Department of Veterans
				Affairs police officers.
					Sec. 402. Uniform allowance for Department of Veterans Affairs
				police officers.
					Sec. 403. Increase in threshold for major medical facility
				leases requiring Congressional approval.

			2.References to
			 title 38, United States CodeExcept as otherwise expressly provided,
			 whenever in this Act an amendment or repeal is expressed in terms of an
			 amendment or repeal to a section or other provision, the reference shall be
			 considered to be made to a section or other provision of title 38, United
			 States Code.
		IEDUCATION
			 MATTERS
			101.Elimination of
			 reporting requirement for prior trainingSection 3676(c)(4) is amended by striking
			 and the Secretary.
			102.Modification
			 of waiting period before affirmation of enrollment in a correspondence
			 courseSection 3686(b) is
			 amended by striking ten and inserting
			 five.
			103.Elimination of
			 change-of-program applicationSection 3691(d) is amended—
				(1)by inserting
			 (1) following another program if—;
				(2)by redesignating
			 paragraphs (1), (2), (3), and (4) as subparagraphs (A), (B), (C), and
			 (D);
				(3)at the end of
			 subparagraph (C), as redesignated by paragraph (2) of this section, by striking
			 or; and
				(4)by striking the
			 period and inserting “; or

						(2)the change from
				one program to another is at the same educational institution and that
				educational institution finds that the new program is suitable to the veteran's
				or person's aptitudes, interests, and abilities as shall be evidenced by its
				certification to the Secretary of such veteran's or person's enrollment in the
				new program.
						In the
				case of a change of program described in paragraph (2), the veteran or person
				will not be required to apply to the Secretary for approval of such
				change..
				104.Elimination of
			 wage earning requirement for self-employment on-job trainingSection 3677(b) is amended by adding at the
			 end the following new paragraph:

					(3)The requirement
				for certification under paragraph (1) shall not apply to training described in
				section
				3452(e)(2).
					.
			IIOTHER BENEFITS
			 MATTERS
			201.Staying of
			 claims
				(a)In
			 generalChapter 5 is amended by inserting before section 502 the
			 following new section:

						501A.Staying of
				claims
							(a)Notwithstanding
				any other provision of this title, the Secretary may temporarily stay the
				adjudication of a claim or claims before the Board of Veterans' Appeals or an
				agency of original jurisdiction when the Secretary determines that the stay is
				necessary to preserve the integrity of a program administered under this
				title.
							(b)The Secretary
				shall issue regulations describing the factors the Secretary will consider in
				determining whether and to what extent a stay is warranted.
							(c)A claimant or
				claimants may petition for review of an action under a regulation prescribed in
				accordance with this section. Such review may be sought only in the United
				States Court of Appeals for the Federal Circuit, which may set aside such
				action if it determines that the action is arbitrary and
				capricious.
							.
				(b)Clerical
			 amendmentThe table of sections at the beginning of such chapter
			 is amended by inserting after the item relating to section 501 the following
			 new item: 501A. Staying of claims..
				(c)Effective
			 dateThe provisions of section 501A, as added by subsection (a)
			 of this section, shall apply to—
					(1)any claim for
			 benefits under any law administered by the Secretary of Veterans Affairs that
			 is received by the Department of Veterans Affairs on or after the date of
			 enactment of this Act; and
					(2)any claim for
			 such benefits that was received by the Department of Veterans Affairs before
			 the date of enactment of this Act but is not finally adjudicated by the
			 Department as of that date.
					202.Management of
			 Board of Veterans' Appeals Docket
				(a)In
			 generalSection 7107(a)(1) is amended by inserting before the
			 period at the end the following: , but the Board may consider and decide
			 a particular case before another case with an earlier docket number if the
			 earlier case has been stayed, or if a decision on the earlier case has been
			 delayed for any reason and the later case is fully developed and ready for
			 decision.
				(b)Effective
			 dateThe amendment made by subsection (a) of this section shall
			 apply to—
					(1)any claim for
			 benefits under a law administered by the Secretary of Veterans Affairs that is
			 received by the Department of Veterans Affairs on or after the date of
			 enactment of this Act; and
					(2)any claim for
			 such benefits that was received by the Department of Veterans Affairs before
			 the date of enactment of this Act but is not finally adjudicated by the
			 Department as of that date.
					203.Authorization
			 of memorial headstones and markers for deceased remarried surviving spouses of
			 veterans
				(a)In
			 generalSection 2306(b)(4)(B) is amended by striking an
			 unremarried surviving spouse whose subsequent remarriage was terminated by
			 death or divorce and inserting a surviving spouse who had a
			 subsequent remarriage.
				(b)Effective
			 dateThe amendments made by this section shall apply to deaths
			 occurring on or after the date of the enactment of this Act.
				204.Permanent
			 authority for VA to fund contract medical disability examinations
				(a)Repeal of
			 expiration of authority To fund contract medical examinations using
			 appropriated fundsSection 704 of the Veterans Benefits Act of
			 2003 (Public Law 108–183; 117 Stat. 2651; 38 U.S.C. 5101 note), is
			 amended—
					(1)by striking
			 subsection (c);
					(2)by redesignating
			 subsection (d) as subsection (c); and
					(3)by striking
			 Temporary from the heading of
			 section 704.
					205.Modification
			 of servicemembers' group life insurance coverage
				(a)Expansion of
			 servicemembers' group life insurance To include certain members of individual
			 ready reserve
					(1)In
			 generalSubparagraph (C) of section 1967(a)(1) is amended by
			 striking section 1965(5)(B) of this title and inserting
			 subparagraph (B) or (C) of section 1965(5) of this title.
					(2)Conforming
			 amendments
						(A)Subparagraph (C)
			 of section 1967(a)(5) is amended by striking section 1965(5)(B) of this
			 title and inserting subparagraph (B) or (C) of section 1965(5)
			 of this title; and
						(B)Subparagraph (B)
			 of section 1969(g)(1) is amended by striking section 1965(5)(B) of this
			 title and inserting subparagraph (B) or (C) of section 1965(5)
			 of this title.
						(b)Reduction in
			 period of dependents' coverage after member separatesSection
			 1968(a)(5)(B)(ii) is amended by striking 120 days after.
				(c)Authority To
			 set premiums for ready reservists' spousesSection 1969(g)(1)(B)
			 is amended by striking (which shall be the same for all such
			 members).
				(d)Forfeiture of
			 veterans' group life insuranceSection 1973 is amended by
			 striking under this subchapter and inserting and
			 Veterans' Group Life Insurance under this subchapter.
				(e)Effective and
			 applicability dates
					(1)The amendments
			 made by subsection (a) of this section shall take effect on the date of
			 enactment of this Act.
					(2)The amendment
			 made by subsection (b) of this section shall apply with respect to
			 Servicemembers' Group Life Insurance coverage for an insurable dependent of a
			 member, as defined in section 1965(10) of title 38, United States Code, that
			 begins on or after the date of enactment of this Act.
					(3)The amendment
			 made by subsection (c) of this section shall take effect as if enacted on June
			 5, 2001, immediately after the enactment of the Veterans' Survivor Benefits
			 Improvements Act of 2001 (Public Law 107–14; 115 Stat. 25).
					(4)The amendment
			 made by subsection (d) of this section shall apply with respect to any act of
			 mutiny, treason, spying, or desertion committed on or after the date of
			 enactment of this Act for which a person is found guilty, or with respect to
			 refusal because of conscientious objections to perform service in, or to wear
			 the uniform of, the United States Armed Forces on or after the date of
			 enactment of this Act.
					206.Permit VA to
			 provide Temporary Residence Assistance Grants to certain active duty
			 servicemembersSection 2101(c)
			 is amended to read as follows:

					(c)The Secretary may
				provide assistance under this chapter to a member of the Armed Forces serving
				on active duty who is suffering from a disability described in this section if
				such disability is the result of an injury incurred or disease contracted in or
				aggravated in line of duty in the active military, naval, or air service. Such
				assistance shall be provided to the same extent, and subject to the same
				limitations, as assistance is provided to veterans under this
				chapter.
					.
			207.Designation of
			 VA Office of Small Business ProgramsThe Office of Small Business Programs of the
			 Department of Veterans Affairs is the office that is established within the
			 Office of the Secretary of Veterans Affairs under section 15(k) of the Small
			 Business Act (15 U.S.C. 644(k)). The Director of Small Business Programs is the
			 head of such office.
			IIIHEALTH CARE
			 MATTERS
			301.Noninstitutional
			 extended care services
				(a)Section 1701(10)
			 is repealed.
				(b)Section 1701(6)
			 is amended—
					(1)by redesignating
			 subparagraphs (E) and (F) as (F) and (G), respectively; and
					(2)by adding the
			 following new subparagraph (E):

							(E)Noninstitutional
				extended care services, including alternatives to institutional extended care
				which the Secretary may furnish (i) directly, (ii) by contract, or (iii)
				(through provision of case management) by another provider or
				payor.
							.
					302.Extensions of
			 certain authorities
				(a)Nursing home
			 careSubsection (c) of section 1710A is amended by striking
			 December 31, 2008 and inserting December 31,
			 2013.
				(b)Research
			 corporationsSection 7368 is amended by striking December
			 31, 2008 and inserting December 31, 2013.
				(c)Recovery
			 auditsSection 1703(d) is amended in paragraph (4) by striking
			 September 30, 2008 and inserting September 30,
			 2013.
				303.Permanent
			 authority for veterans who participated in certain chemical and biological
			 testing conducted by the Department of DefenseSubsection (e) of section 1710 is amended by
			 striking paragraph (3)(D).
			304.Repeal of
			 certain annual reporting requirements
				(a)Nurse pay
			 reportSection 7451 is amended by—
					(1)striking
			 subsection (f); and
					(2)redesignating
			 subsection (g) as subsection (f).
					(b)Long-term
			 planning reportSection 8107 is repealed.
				305.Amendments to
			 annual Gulf War research reportSection 707 of the Persian Gulf War
			 Veterans' Health Status Act (title VII of Public Law 102–585; 106 Stat. 4943;
			 38 U.S.C. 527 note) is amended in subsection (c)(1), by striking Not
			 later than March 1 of each year and inserting Not later than
			 July 1, 2008, and July 1 of each of the five following years.
			306.Payment for
			 care furnished to CHAMPVA beneficiariesSection 1781 is amended at the end by adding
			 the following new subsection:

					(e)Payment by the
				Secretary under this section on behalf of a covered beneficiary for medical
				care shall constitute payment in full and extinguish any liability on the part
				of the beneficiary for that
				care.
					.
			307.Payor
			 provisions for care furnished to certain children of Vietnam veterans
				(a)Children of
			 Vietnam veterans born with Spina BifidaSection 1803 is
			 amended—
					(1)by redesignating
			 subsection (c) as (d); and
					(2)by inserting new
			 subsection (c) as follows:

							(c)Where payment by
				the Secretary under this section is less than the amount of the charges billed,
				the health care provider or agent of the health care provider may seek payment
				for the difference between the amount billed and the amount paid by the
				Secretary from a responsible third party to the extent that the provider or
				agent thereof would be eligible to receive payment for such care or services
				from such third party, but—
								(1)the health care
				provider or agent for the health care provider may not impose any additional
				charge on the beneficiary who received the medical care, or the family of such
				beneficiary, for any service or item for which the Secretary has made payment
				under this section;
								(2)the total amount
				of payment a provider or agent of the provider may receive for care and
				services furnished under this section may not exceed the amount billed to the
				Secretary; and
								(3)the Secretary,
				upon request, shall disclose to such third party information received for the
				purposes of carrying out this
				section.
								.
					(b)Children of
			 women Vietnam veterans born with birth defectsSection 1813 is
			 amended—
					(1)by redesignating
			 subsection (c) as subsection (d); and
					(2)by inserting new
			 subsection (c) as follows:

							(c)Where payment by
				the Secretary under this section is less than the amount of the charges billed,
				the health care provider or agent of the health care provider may seek payment
				for the difference between the amount billed and the amount paid by the
				Secretary from a responsible third party to the extent that the health care
				provider or agent thereof would be eligible to receive payment for such care or
				services from such third party, but—
								(1)the health care
				provider or agent for the health care provider may not impose any additional
				charge on the beneficiary who received medical care, or the family of such
				beneficiary, for any service or item for which the Secretary has made payment
				under this section;
								(2)the total amount
				of payment a provider or agent of the provider may receive for care and
				services furnished under this section may not exceed the amount billed to the
				Secretary; and
								(3)the Secretary,
				upon request, shall disclose to such third party information received for the
				purposes of carrying out this
				section.
								.
					308.Disclosures
			 from certain medical recordsSection 7332(b)(2) of such title is amended
			 by adding at the end thereof the following new subparagraph:

					(F)(i)To a representative of
				a patient who lacks decision-making capacity, when a practitioner deems the
				content of the given record necessary for that representative to make an
				informed decision regarding the patient's treatment.
						(ii)In this subparagraph, the term
				representative means an individual, organization or other body
				authorized under section 7331 of this title and its implementing regulations to
				give informed consent on behalf of a patient who lacks decision-making
				capacity.
						.
			309.Provision of
			 health-plan contract information and Social Security numberSubchapter I of chapter 17 of title 38,
			 United States Code, is amended—
				(1)by adding at the
			 end the following new section:

						1709.Provision of
				health-plan contract information and Social Security number
							(a)Any individual
				who applies for or is in receipt of any hospital, nursing home, or domiciliary
				care; medical, rehabilitative, or preventive health services; or other medical
				care under laws administered by the Secretary shall, at the time of such
				application, or otherwise when requested by the Secretary, furnish the
				Secretary with such current information as the Secretary may require to
				identify any health-plan contract, as defined in section 1729(i)(1) of this
				title, under which such individual is covered, to include, as applicable, the
				name, address, and telephone number of such health-plan contract; the name of
				the individual's spouse, if the individual's coverage is under the spouse's
				health-plan contract; the plan number, and the plan's group code.
							(b)Any individual
				who applies for or is in receipt of any hospital, nursing home, or domiciliary
				care; medical, rehabilitative, or preventive health services; or other medical
				care and services under laws administered by the Secretary shall, at the time
				of such application, or otherwise when requested by the Secretary, furnish the
				Secretary with the individual's Social Security number and the Social Security
				number of any dependent or Department of Veterans Affairs' beneficiary on whose
				behalf, or based upon whom, such individual applies for or is in receipt of
				such benefit. This subsection does not require an individual to furnish the
				Secretary with a Social Security number for any individual to whom a Social
				Security number has not been assigned.
							(c)The Secretary
				shall deny the individual's application for, or may terminate the individual's
				enrollment in, the system of patient enrollment established by the Secretary
				under section 1705 of this title, if the individual does not provide the Social
				Security number required or requested to be furnished pursuant to subsection
				(b) of this section. The Secretary, following such denial or termination, may,
				upon receipt of the information required or requested under subsection (b),
				approve the individual's application or reinstate the individual's enrollment
				(if otherwise in order), for such medical care and services provided on and
				after the date of such receipt of information.
							(d)Nothing in this
				section shall be construed as authority to deny medical care and treatment to
				an individual in a medical emergency.
							;
				and
				(2)by amending the
			 table of sections for such subchapter by adding at the end thereof the
			 following new item: § 1709. Provision of health-plan contract
			 information and Social Security number..
				IVMISCELLANEOUS
			 PROVISIONS
			401.Expansion of
			 authority for Department of Veterans Affairs police officersSection 902 is amended—
				(1)in subsection
			 (a)—
					(A)by amending
			 paragraph (1) to read as follows:

							(1)Employees of the
				Department who are Department police officers shall, with respect to acts
				occurring on Department property—
								(A)enforce Federal
				laws;
								(B)enforce the rules
				prescribed under section 901 of this title;
								(C)enforce traffic
				and motor vehicle laws of a State or local government within the jurisdiction
				of which such Department property is located as authorized by an express grant
				of authority under applicable State or local law. Any such enforcement shall be
				by issuance of a citation for violation of such law;
								(D)carry the
				appropriate VA-issued weapons, including firearms, while off Department
				property in an official capacity or while in an official travel status;
								(E)conduct
				investigations, on and off Department property, of offenses that may have been
				committed on property under the original jurisdiction of VA, consistent with
				agreements or other consultation with affected local, State, or Federal law
				enforcement agencies; and
								(F)carry out, as
				needed and appropriate, the duties described in subparagraphs (A)–(E) of this
				subsection when engaged in duties authorized by other Federal
				statutes.
								;
				and
					(B)by striking
			 paragraph (2) and renumbering paragraph (3) as paragraph (2) and adding
			 , and on any arrest warrant issued by competent judicial
			 authority before the period; and
					(2)by amending
			 subsection (c) to read:

						(c)The powers
				granted to Department police officers designated under this section shall be
				exercised in accordance with guidelines approved by the Secretary and the
				Attorney
				General.
						.
				402.Uniform
			 allowance for Department of Veterans Affairs police officersSection 903 is amended—
				(1)by striking the
			 matter in subsection (b) and inserting:

						(b)The amount of the
				allowance that the Secretary may pay under this section will be the lesser
				of—
							(1)the amount
				currently allowed as prescribed by the Office of Personnel Management;
				or
							(2)estimated costs
				or actual costs as determined by periodic surveys conducted by the
				Department.
							During
				any fiscal year no officer will receive more than the amount established under
				this subsection.;
				and
				(2)by striking the
			 matter in subsection (c) and inserting:

						(c)The allowance
				established under subsection (b) shall be paid at the beginning of a Department
				police officer's employment for those appointed on or after October 1, 2008. In
				the case of any other Department police officer, an allowance in the amount
				established under subsection (b) shall be paid upon the request of the
				officer.
						.
				403.Increase in
			 threshold for major medical facility leases requiring Congressional
			 approvalSection 8104(a)(3)(B)
			 is amended by striking $600,000 and inserting
			 $1,000,000.


		II
		112th CONGRESS
		2d Session
		S. 2653
		IN THE SENATE OF THE UNITED STATES

			May 7, 2012
			Mr. Casey introduced the
			 following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on diethenyl-benzene
		  polymer with ethenylbenzene and ethenylethylbenzene,
		  sulfonated.

		1.Diethenyl-benzene polymer
			 with ethenylbenzene and ethenylethylbenzene, sulfonated
			(a)In
			 generalSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Diethenyl-benzene polymer with ethenylbenzene and
						ethenylethylbenzene, sulfonated (CAS No. 69011–20–7) (provided for in
						subheading 3914.00.60)FreeNo changeNo changeOn or before 12/31/2015

					.
			(b)Effective
			 dateThe amendment made by subsection (a) applies with respect to
			 goods entered, or withdrawn from warehouse for consumption, on or after the
			 15th day after the date of the enactment of this Act.


114 HR 3821 RH: Medicaid Directory of Caregivers Act
U.S. House of Representatives
2015-10-23
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.

		IB
		Union Calendar No. 325
		114th CONGRESS
		2d Session
		H. R. 3821
		[Report No. 114–426]
		IN THE HOUSE OF REPRESENTATIVES

			October 23, 2015
			Mr. Collins of New York (for himself and Mr. Tonko) introduced the following bill; which was referred to the Committee on Energy and Commerce

			February 23, 2016
			Reported with an amendment, committed to the Committee of the Whole House on the State of the
			 Union, and ordered to be printed
			Strike out all after the enacting clause and insert the part printed in italic
			For text of introduced bill, see copy of bill as introduced on October 23, 2015

		A BILL
		To amend title XIX to require the publication of a provider directory in the case of States
			 providing for medical assistance on a fee-for-service basis or through a
			 primary care case-management system, and for other purposes.

 1.Short titleThis Act may be cited as the Medicaid Directory of Caregivers Act or the Medicaid DOC Act. 2.Requiring publication of fee-for-service provider directory (a)In generalSection 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended by inserting after paragraph (77) the following new paragraph:

 (78)provide that, not later than 180 days after the date of the enactment of this paragraph, in the case of a State plan that provides medical assistance on a fee-for-service basis or through a primary care case-management system described in section 1915(b)(1) (other than a primary care case management entity (as defined by the Secretary)), the State shall publish (and update on at least an annual basis) on the public Website of the State agency administering the State plan, a directory of the providers (including, at a minimum, primary and specialty care physicians) described in subsection (ll) that includes—
 (A)with respect to each such provider— (i)the name of the provider;
 (ii)the specialty of the provider; (iii)the address of the provider; and
 (iv)the telephone number of the provider; and (B)with respect to any such provider participating in such a primary care case-management system, information regarding—
 (i)whether the provider is accepting as new patients individuals who receive medical assistance under this title; and
 (ii)the provider’s cultural and linguistic capabilities, including the languages spoken by the provider or by the skilled medical interpreter providing interpretation services at the provider’s office;.
 (b)Directory providers describedSection 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by adding at the end the following new subsection:

 (ll)Directory providers describedA provider described in this subsection is— (1)in the case of a provider of a provider type for which the State agency, as a condition on receiving payment for items and services furnished by the provider to individuals eligible to receive medical assistance under the State plan, requires the enrollment of the provider with the State agency, a provider that—
 (A)is enrolled with the agency as of the date on which the directory is published or updated (as applicable) under subsection (a)(78); and
 (B)received payment under the State plan in the 12-month period preceding such date; and (2)in the case of a provider of a provider type for which the State agency does not require such enrollment, a provider that received payment under the State plan in the 12-month period preceding the date on which the directory is published or updated (as applicable) under subsection (a)(78)..
			(c)Rule of construction
 (1)In generalThe amendment made by subsection (a) shall not be construed to apply in the case of a State in which all the individuals enrolled in the State plan under title XIX of the Social Security Act (or under a waiver of such plan), other than individuals described in paragraph (2), are enrolled with a medicaid managed care organization (as defined in section 1903(m)(1)(A) of such Act (42 U.S.C. 1396b(m)(1)(A))), including prepaid inpatient health plans and prepaid ambulatory health plans (as defined by the Secretary of Health and Human Services).
 (2)Individuals describedAn individual described in this paragraph is an individual who is an Indian (as defined in section 4 of the Indian Health Care Improvement Act (25 U.S.C. 1603)) or an Alaska Native.
 (d)Exception for State legislationIn the case of a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), which the Secretary determines requires State legislation in order for the respective plan to meet one or more additional requirements imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature.

		February 23, 2016
		Reported with an amendment, committed to the Committee of the Whole House on the State of the
			 Union, and ordered to be printed


		II
		111th CONGRESS
		2d Session
		S. 3882
		IN THE SENATE OF THE UNITED STATES

			September 29, 2010
			Mr. Begich (for himself,
			 Mrs. Gillibrand,
			 Ms. Landrieu, and
			 Mr. Lieberman) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To amend the Elementary and Secondary Education Act of
		  1965 to invest in innovation for education.

		1.Short
			 titleThis Act may be cited as
			 the Investing in Innovation for
			 Education Act of 2010 .
		2.Investing in
			 Innovation
			(a)In
			 generalTitle IV of the
			 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.) is
			 amended by adding at the end the following:

					DInvesting in
				Innovation
						4401.PurposesThe purposes of this part are to—
							(1)fund the
				identification, development, evaluation, and expansion of innovative,
				evidence-based practices, programs, and strategies in order to
				significantly—
								(A)increase student
				academic achievement and decrease achievement gaps;
								(B)increase high
				school graduation rates;
								(C)increase college
				enrollment rates and rates of college persistence; and
								(D)improve teacher
				and school leader effectiveness; and
								(2)support the rapid
				development, expansion, and adoption of tools and resources that improve the
				efficiency, effectiveness, or pace of adoption of such educational practices,
				programs, and strategies.
							4402.National
				activitiesThe Secretary may
				reserve not more than 15 percent of the funds appropriated under section 4408
				for each fiscal year to carry out activities of national significance, which
				activities may include capacity building, technical assistance, dissemination,
				and prize awards.
						4403.Program
				authorized; length of grants; priorities
							(a)Program
				authorizationThe Secretary
				shall use funds made available to carry out this part for a fiscal year to
				award grants, on a competitive basis, to local educational agencies and
				nonprofit organizations that propose to provide support to 1 or more public
				schools or local educational agencies, or both, consistent with section
				4404(b).
							(b)Duration of
				grantsThe Secretary shall award grants under this part for a
				period of not more than 3 years, and may extend such grants for an additional
				2-year period if the grantee demonstrates to the Secretary that it is making
				significant progress on the program performance measures identified in section
				4406.
							(c)PrioritiesIn
				awarding grants under this part, the Secretary may give priority to an eligible
				entity that includes, in its application under section 4404, a plan to—
								(1)improve early
				learning outcomes;
								(2)support college
				access and success;
								(3)support family
				and community engagement;
								(4)address the
				unique learning needs of students with disabilities or English language
				learners;
								(5)serve schools in
				rural local educational agencies;
								(6)support the
				effective use of education technology to improve teaching and learning;
				or
								(7)improve the
				teaching and learning of science, technology, engineering, or
				mathematics.
								(d)Standards of
				evidenceThe Secretary shall set standards for the quality of
				evidence that an applicant shall provide in order to demonstrate that the
				activities the applicant proposes to carry out with funds under this part are
				likely to succeed in improving student outcomes or outcomes on other
				performance measures. These standards may include any of the following:
								(1)Strong evidence
				that the activities proposed by the applicant will have a statistically
				significant effect on student academic achievement, student growth, or outcomes
				on other performance measures.
								(2)Moderate evidence
				that the activities proposed by the applicant will improve student academic
				achievement, student growth, or outcomes on other performance measures.
								(3)A rationale based
				on research findings or a reasonable hypothesis that the activities proposed by
				the applicant will improve student academic achievement, student growth, or
				outcomes on other performance measures.
								4404.Applications
							(a)ApplicationsEach
				local educational agency or nonprofit organization that desires to receive a
				grant under this part shall submit an application to the Secretary at such
				time, in such manner, and containing such information as the Secretary may
				reasonably require. At a minimum, each application shall—
								(1)describe the
				project for which the applicant is seeking a grant and how the evidence
				supporting that project meets the standards of evidence established by the
				Secretary under section 4403(d);
								(2)describe how the
				applicant will address at least 1 of the areas described in section
				4405(a)(1);
								(3)provide an
				estimate of the number of students that the applicant plans to serve under the
				proposed project, including the percentage of those students who are from
				low-income families, and the number of students to be served through additional
				expansion after the grant ends;
								(4)demonstrate that
				the applicant has established 1 or more partnerships with private organizations
				and that the partner or partners will provide matching funds;
								(5)describe the
				applicant’s plan for continuing the proposed project after funding under this
				part ends;
								(6)if the applicant
				is a local educational agency—
									(A)document the
				local educational agency’s record during the previous 3 years in—
										(i)increasing
				student achievement, including achievement for each subgroup described in
				section 1111(b)(2)(C)(v); and
										(ii)decreasing
				achievement gaps; and
										(B)demonstrate how
				the local educational agency has made significant improvements in other
				outcomes, as applicable, on the performance measures described in section
				4406;
									(7)if the applicant
				is a nonprofit organization—
									(A)provide evidence
				that the nonprofit organization has helped at least 1 school or local
				educational agency, during the previous 3 years, significantly—
										(i)increase student
				achievement, including achievement for each subgroup described in section
				1111(b)(2)(C)(v); and
										(ii)reduce
				achievement gaps; and
										(B)describe how the
				nonprofit organization has helped at least 1 school or local educational agency
				make a significant improvement, as applicable, in other outcomes on the
				performance measures described in section 4406;
									(8)provide a
				description of the applicant’s plan for independently evaluating the
				effectiveness of activities carried out with funds under this part;
								(9)provide an
				assurance that the applicant will—
									(A)cooperate with
				cross-cutting evaluations;
									(B)make evaluation
				data available to third parties for validation and further study; and
									(C)participate in
				communities of practice; and
									(10)if the applicant
				is a nonprofit organization that intends to make subgrants, consistent with
				section 4405(b), provide an assurance that the applicant will apply paragraphs
				(1) through (9), as appropriate, in the applicant's selection of subgrantees
				and in its oversight of those subgrants.
								(b)Criteria for
				evaluating applicationsThe Secretary shall award grants under
				this part on a competitive basis, based on the quality of the applications
				submitted and, consistent with the standards established under section 4403(d),
				each applicant’s likelihood of achieving success in improving student outcomes
				or outcomes on other performance measures.
							4405.Uses of
				funds
							(a)Uses of
				fundsEach local educational agency or nonprofit organization
				that receives a grant under this part—
								(1)shall use the
				grant funds to address, at a minimum, 1 of the following areas of school
				reform:
									(A)Improving the
				effectiveness of teachers and school leaders and promoting equity in the
				distribution of effective teachers and school leaders.
									(B)Strengthening the
				use of data to improve teaching and learning.
									(C)Providing
				high-quality instruction based on rigorous standards that build toward college
				and career readiness and measuring students’ mastery using high-quality
				assessments aligned to those standards.
									(D)Turning around
				the lowest-performing schools.
									(E)Any other area of
				school reform, as determined by the Secretary.
									(2)shall use those
				funds to develop or expand strategies to improve the performance of high-need
				students on the performance measures described in section 4406; and
								(3)may use the grant
				funds for an independent evaluation, as required by section 4404(a)(8), of the
				innovative practices carried out with the grant.
								(b)Authority To
				SubgrantA nonprofit organization that receives a grant under
				this part may use the grant funds to make subgrants to other entities to
				provide support to 1 or more schools or local educational agencies. Any such
				entity shall comply with the requirements of this part relating to grantees, as
				appropriate.
							4406.Performance
				measuresThe Secretary shall
				establish performance measures for the programs and activities carried out
				under this part. These measures, at a minimum, shall track the grantee’s
				progress in improving outcomes for each subgroup described in section
				1111(b)(2)(C)(v) that is served by the grantee on measures, including, as
				applicable, by—
							(1)increasing
				student achievement and decreasing achievement gaps;
							(2)increasing high
				school graduation rates;
							(3)increasing
				college enrollment rates and rates of college persistence;
							(4)improving teacher
				and school leader effectiveness;
							(5)improving school
				readiness; and
							(6)any other
				indicator as the Secretary or grantee may determine.
							4407.Reporting;
				Annual reportA local
				educational agency or nonprofit organization that receives a grant under this
				part shall submit to the Secretary, at such time and in such manner as the
				Secretary may require, an annual report that includes, among other things,
				information on the applicant’s progress on the performance measures established
				under section 4406, and the data supporting that progress.
						4408.Authorization
				of appropriationsThere are
				authorized to be appropriated to carry out this part $500,000,000 for fiscal
				year 2011 and such sums as may be necessary for each of the 5 succeeding fiscal
				years.
						.
			(b)Table of
			 contentsThe table of contents in section 2 of the Elementary and
			 Secondary Education Act of 1965 is amended by inserting after the item relating
			 to section 4304 the following:

						PART D—Investing in Innovation
						Sec. 4401. Purposes.
						Sec. 4402. National activities.
						Sec. 4403. Program authorized; length of grants;
				priorities.
						Sec. 4404. Applications.
						Sec. 4405. Uses of funds.
						Sec. 4406. Performance measures.
						Sec. 4407. Reporting; Annual report.
						Sec. 4408. Authorization of
				appropriations.

					.


117 S197 IS: Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act
U.S. Senate
2021-02-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II
117th CONGRESS1st Session
S. 197
IN THE SENATE OF THE UNITED STATES

February 3, 2021
Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL
To amend the Internal Revenue Code of 1986 to permanently allow a tax deduction at the time an investment in qualified property is made, and for other purposes.

1.Short titleThis Act may be cited as the Cost Recovery and Expensing Acceleration to Transform the Economy and Jumpstart Opportunities for Businesses and Startups Act or the CREATE JOBS Act. 2.Permanent full expensing for qualified property (a)In generalParagraph (6) of section 168(k) of the Internal Revenue Code of 1986 is amended to read as follows:

(6)Applicable percentageFor purposes of this subsection, the term applicable percentage means, in the case of property placed in service (or, in the case of a specified plant described in paragraph (5), a plant which is planted or grafted) after September 27, 2017, 100 percent.. (b)Conforming amendments (1)Section 168(k) of the Internal Revenue Code of 1986 is amended—
(A)in paragraph (2)— (i)in subparagraph (A)—
(I)in clause (i)(V), by inserting and at the end, (II)in clause (ii), by striking clause (ii) of subparagraph (E), and and inserting clause (i) of subparagraph (E)., and
(III)by striking clause (iii), (ii)in subparagraph (B)—
(I)in clause (i)— (aa)by striking subclauses (II) and (III), and
(bb)by redesignating subclauses (IV) through (VI) as subclauses (II) through (IV), respectively, (II)by striking clause (ii), and
(III)by redesignating clauses (iii) and (iv) as clauses (ii) and (iii), respectively, (iii)in subparagraph (C)—
(I)in clause (i), by striking and subclauses (II) and (III) of subparagraph (B)(i), and (II)in clause (ii), by striking subparagraph (B)(iii) and inserting subparagraph (B)(ii), and
(iv)in subparagraph (E)— (I)by striking clause (i), and
(II)by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively, and (B)in paragraph (5)(A), by striking planted before January 1, 2027, or is grafted before such date to a plant that has already been planted, and inserting planted or grafted.
(2)Section 460(c)(6)(B) of such Code is amended by striking which and all that follows through the period and inserting which has a recovery period of 7 years or less.. (c)Effective dateThe amendments made by this section shall take effect as if included in section 13201 of Public Law 115–97.
3.Neutral cost recovery depreciation adjustment for residential rental property and nonresidential real property
(a)In generalSection 168 of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subsection:  (n)Neutral cost recovery depreciation adjustment for residential rental property and nonresidential real property (1)In generalIn the case of any applicable property, the deduction under this section with respect to such property for any taxable year after the taxable year during which the property is placed in service shall be—
(A)the amount determined under this section for such taxable year without regard to this subsection, multiplied by (B)the applicable neutral cost recovery ratio for such taxable year.
(2)Applicable neutral cost recovery ratioFor purposes of paragraph (1), the applicable neutral cost recovery ratio for the applicable property for any taxable year is the number determined by— (A)dividing—
(i)the gross domestic product deflator for the calendar quarter ending in such taxable year which corresponds to the calendar quarter during which the property was placed in service by the taxpayer, by (ii)the gross domestic product deflator for the calendar quarter during which the property was placed in service by the taxpayer, and
(B)then multiplying the number determined under subparagraph (A) by the number equal to 1.03 to the nth power where n is the number of full years in the period beginning on the 1st day of the calendar quarter during which the property was placed in service by the taxpayer and ending on the day before the beginning of the corresponding calendar quarter ending during such taxable year.The applicable neutral cost recovery ratio shall never be less than 1. The applicable neutral cost recovery ratio shall be rounded to the nearest 1/1000.  (3)Special rule for existing propertyIn the case of any applicable property which is placed in service before the date of enactment of this subsection, subparagraphs (A)(ii) and (B) of paragraph (2) shall be applied by substituting calendar quarter which includes the date of enactment of this subsection for calendar quarter during which the property was placed in service by the taxpayer each place it appears.
(4)Gross domestic product deflatorFor purposes of paragraph (2), the gross domestic product deflator for any calendar quarter is the implicit price deflator for the gross domestic product for such quarter (as shown in the first revision thereof). (5)Election not to have subsection applyThis subsection shall not apply to any applicable property if the taxpayer elects not to have this subsection apply to such property. Such an election, once made, shall be irrevocable.
(6)Additional deduction not to affect basis or recapture
(A)In generalThe additional amount determined under this section by reason of this subsection shall not be taken into account in determining the adjusted basis of any applicable property or of any interest in a pass-thru entity which holds such property and shall not be treated as a deduction for depreciation for purposes of sections 1245 and 1250. (B)Pass-thru entity definedFor purposes of subparagraph (A), the term pass-thru entity means—
(i)a regulated investment company, (ii)a real estate investment trust,
(iii)an S corporation, (iv)a partnership,
(v)an estate or trust, and (vi)a common trust fund.
(7)Applicable propertyFor purposes of this subsection, the term applicable property means residential rental property or nonresidential real property (as such terms are defined in subsection (e)(2)).. (b)Minimum tax treatmentParagraph (1) of section 56(a) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subparagraph:

(E)Use of neutral cost recovery ratioIn the case of property to which section 168(n) applies, the deduction allowable under this paragraph with respect to such property for any taxable year (after the taxable year during which the property is placed in service) shall be— (i)the amount so allowable for such taxable year without regard to this subparagraph, multiplied by
(ii)the applicable neutral cost recovery ratio for such taxable year (as determined under section 168(n)).This subparagraph shall not apply to any property with respect to which there is an election in effect not to have section 168(n) apply.. (c)Effective dateThe amendments made by this section shall apply to property placed in service before, on, or after the date of the enactment of this Act, with respect to taxable years ending on or after such date.
4.Elimination of amortization of research and experimental expenditures
(a)In generalSubpart A of part III of subtitle C of title I of Public Law 115–97 is amended by striking section 13206. (b)Effective dateThe amendment made by this section shall take effect on the date of the enactment of this Act.