114 HR 1930 IH: End Polluter Welfare Act of 2015
U.S. House of Representatives
2015-04-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 1930
		IN THE HOUSE OF REPRESENTATIVES

			April 22, 2015
			Mr. Ellison introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, Natural Resources, Science, Space, and Technology, Energy and Commerce, Agriculture, Appropriations, Financial Services, and Foreign Affairs, 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 eliminate certain subsidies for  fossil-fuel production.

 1.Short titleThis Act may be cited as the End Polluter Welfare Act of 2015. 2.FindingsCongress finds that—
 (1)President Obama joined other world leaders from the Group of Twenty in 2009, and again in 2013, in pledging to phase out wasteful fossil-fuel subsidies;
 (2)the Environmental Law Institute found that from 2002 through 2008, Federal fossil-fuel subsidies in the United States totaled over $72,000,000,000, while Federal renewable-energy investments totaled $12,200,000,000;
 (3)according to Taxpayers for Common Sense, the 5 largest oil corporations have made more than $1,000,000,000,000 in profits during the past decade;
 (4)according to the Center for American Progress, the 5 largest oil corporations posted more than $89,700,000,000 in profits in 2014 alone;
 (5)according to the Center for Responsive Politics, the oil and gas, coal, utility, and other natural resource extraction industries spent more than $1,800,000,000 on lobbying during the period of 2010 to 2014, which was an effective investment in protecting their extraordinary tax loopholes and subsidies; and
 (6)it is not in the national interest for taxpayers in the United States to subsidize highly profitable, polluting fossil-fuel companies.
 3.Definition of fossil fuelIn this Act, the term fossil fuel means coal, petroleum, natural gas, or any derivative of coal, petroleum, or natural gas that is used for fuel.
		4.Royalty Relief
			(a)In general
 (1)Outer Continental Shelf Lands ActSection 8(a)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(a)(3)) is amended— (A)by striking subparagraph (B); and
 (B)by redesignating subparagraph (C) as subparagraph (B). (2)Energy Policy Act of 2005 (A)Incentives for natural gas production from deep wells in the shallow waters of the Gulf of MexicoSection 344 of the Energy Policy Act of 2005 (42 U.S.C. 15904) is repealed.
 (B)Deep water productionSection 345 of the Energy Policy Act of 2005 (42 U.S.C. 15905) is repealed. (b)Future provisionsNotwithstanding any other provision of law (including regulations), royalty relief shall not be permitted under a lease issued under section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337).
			5.Royalties under Mineral Leasing Act
 (a)Coal leasesSection 7(a) of the Mineral Leasing Act (30 U.S.C. 207(a)) is amended by striking 121/2 and inserting 183/4. (b)Leases on land on which oil or natural gas is discoveredSection 14 of the Mineral Leasing Act (30 U.S.C. 223) is amended by striking 121/2 and inserting 183/4.
 (c)Leases on Land Known or Believed To Contain Oil or Natural GasSection 17 of the Mineral Leasing Act (30 U.S.C. 226) is amended— (1)in subsection (b)—
 (A)in paragraph (1)(A), by striking 12.5 and inserting 183/4; and (B)in paragraph (2)(A)(ii), by striking 121/2 and inserting 183/4;
 (2)in subsection (c)(1), by striking 12.5 and inserting 183/4; (3)in subsection (l), by striking 121/2 each time it appears and inserting 183/4; and
 (4)in subsection (n)(1)(C), by striking 121/2 and inserting 183/4. 6.Elimination of interest payments for royalty overpaymentsSection 111 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1721) is amended—
 (1)by striking subsections (h) and (i) and inserting the following:  (h)Payment of interestInterest shall not be paid on any overpayment.; and
 (2)by redesignating subsections (j), (k), and (l) as subsections (i), (j), and (k), respectively. 7.Removal of limits on liability for offshore facilities and pipeline operatorsSection 1004(a) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)) is amended—
 (1)in paragraph (3), by striking plus $75,000,000; and and inserting and the liability of the responsible party under section 1002;; (2)in paragraph (4)—
 (A)by inserting (except an onshore pipeline transporting diluted bitumen, bituminous mixtures, or any oil manufactured from bitumen) after for any onshore facility; and
 (B)by striking the period at the end and inserting ; and; and (3)by adding at the end the following:

 (5)for any onshore facility transporting diluted bitumen, bituminous mixtures, or any oil manufactured from bitumen, the liability of the responsible party under section 1002..
			8.Funds to World Bank for financing projects that support fossil fuel
 (a)Rescission of fundsExcept as provided in subsection (c), effective on the date of enactment of this Act, there are rescinded all unobligated balances of the amounts made available to the International Bank for Reconstruction and Development and the International Development Association (commonly known as the World Bank), and each other similar international financing entity that has received amounts from the United States, as determined by the Secretary of the Treasury, to carry out any project that supports fossil-fueled power plants.
 (b)Future fundsExcept as provided in subsection (c), notwithstanding any other provision of law, any amounts made available to the World Bank or any other international financing entity shall not be used to carry out any project that supports fossil fuel.
 (c)ExceptionSubsections (a) and (b) shall not apply to a fossil-fueled power plant project located in a Least Developed Country (as that term is defined by the United Nations General Assembly), on the condition that—
 (1)no other economically feasible alternative exists; and (2)the project uses the most efficient technology available.
				9.Office of Fossil Energy Research and Development
 (a)In generalSection 203(a)(2) of the Department of Energy Organization Act (42 U.S.C. 7133(a)(2)) is amended— (1)in subparagraph (C), by inserting and after the semicolon at the end;
 (2)by striking subparagraph (D); and (3)by redesignating subparagraph (E) as subparagraph (D).
 (b)TerminationNotwithstanding any other provision of law, the Office of Fossil Energy Research and Development and the authority to carry out any program or activity of the Office (as in existence on the day before the date of enactment of this Act) is terminated.
 10.Advanced Research Projects Agency—EnergyNone of the funds made available to the Advanced Research Projects Agency—Energy shall be used to carry out any project that supports fossil fuel.
		11.Incentives for innovative technologies
 (a)In generalSection 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended— (1)in subsection (b)—
 (A)by striking paragraph (2); (B)by striking paragraph (10); and
 (C)by redesignating paragraphs (3) through (9) as paragraphs (2) through (8) respectively; (2)by striking subsection (c); and
 (3)by redesignating subsections (d) and (e) as paragraphs (c) and (d) respectively. (b)Conforming amendmentSection 1704 of the Energy Policy Act of 2005 (42 U.S.C. 16514) is amended—
 (1)in subsection (a), by striking (a) In general.—; and (2)by striking subsection (b).
 12.Rural Utility Service loan guaranteesThe Secretary of Agriculture shall not make a loan under title III of the Rural Electrification Act of 1936 (7 U.S.C. 931 et seq.) to an applicant for the purpose of carrying out any project that will use fossil fuel.
		13.Funds to the Overseas Private Investment Corporation or the Export-Import Bank of the United States
			 for financing projects, transactions, or other activities that support
			 fossil fuel
 (a)Rescission of fundsExcept as provided in subsection (c), effective on the date of enactment of this Act, there are rescinded all unobligated balances of the amounts made available to the Overseas Private Investment Corporation or the Export-Import Bank of the United States to carry out any project, transaction, or other activity that supports fossil-fuel production or use.
 (b)Future fundsExcept as provided in subsection (c), notwithstanding any other provision of law, any amounts made available to the Overseas Private Investment Corporation or the Export-Import Bank of the United States shall not be used to carry out any project, transaction, or other activity that supports fossil-fuel production or use.
 (c)ExceptionSubsections (a) and (b) shall not apply to a fossil-fueled power plant project located in a Least Developed Country (as that term is defined by the United Nations General Assembly), on the condition that—
 (1)no other economically feasible alternative exists; and (2)the project uses the most efficient technology available.
 14.Transportation funds for grants, loans, loan guarantees, and other direct assistanceNotwithstanding any other provision of law, any amounts made available to the Department of Transportation (including the Federal Railroad Administration) shall not be used to award any grant, loan, loan guarantee, or provide any other direct assistance to any rail or port project that transports fossil fuel.
		15.Termination of various tax expenditures relating to fossil fuels
 (a)In generalSubchapter C of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

					7875.Termination of certain provisions relating to fossil-fuel incentives
 (a)In generalThe following provisions shall not apply to taxable years beginning after the date of the enactment of the End Polluter Welfare Act of 2015:
 (1)Section 43 (relating to enhanced oil recovery credit). (2)Section 45I (relating to credit for producing oil and natural gas from marginal wells).
 (3)Section 45K (relating to credit for producing fuel from a nonconventional source). (4)Section 193 (relating to tertiary injectants).
 (5)Section 199(d)(9) (relating to special rule for taxpayers with oil related qualified production activities income).
 (6)Section 461(i)(2) (relating to special rule for spudding of oil or natural gas wells). (7)Section 469(c)(3) (relating to working interests in oil and natural gas property).
 (8)Section 613A (relating to limitations on percentage depletion in case of oil and natural gas wells).
 (9)Section 617 (relating to deduction and recapture of certain mining exploration expenditures). (b)Provisions relating to propertyThe following provisions shall not apply to property placed in service after the date of the enactment of the End Polluter Welfare Act of 2015:
 (1)Subparagraph (C)(iii) of section 168(e)(3) (relating to classification of certain property). (2)Section 169 (relating to amortization of pollution control facilities) with respect to any atmospheric pollution control facility.
 (c)Provisions relating to costs and expensesThe following provisions shall not apply to costs or expenses paid or incurred after the date of the enactment of the End Polluter Welfare Act of 2015:
 (1)Section 179B (relating to deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations).
 (2)Section 263(c) (relating to intangible drilling and development costs) with respect to costs in the case of oil and natural gas wells.
 (3)Section 468 (relating to special rules for mining and solid waste reclamation and closing costs). (d)5-Year carryback for marginal oil and natural gas well production creditSection 39(a)(3) (relating to 5-year carryback for marginal oil and natural gas well production credit) shall not apply to credits determined in taxable years beginning after the date of the enactment of the End Polluter Welfare Act of 2015.
 (e)Credit for carbon dioxide sequestrationSection 45Q (relating to credit for carbon dioxide sequestration) shall not apply to carbon dioxide captured after the date of the enactment of the End Polluter Welfare Act of 2015.
 (f)Allocated creditsNo new credits shall be certified under section 48A (relating to qualifying advanced coal project credit) or section 48B (relating to qualifying gasification project credit) after the date of the enactment of the End Polluter Welfare Act of 2015.
 (g)Arbitrage bondsSection 148(b)(4) (relating to safe harbor for prepaid natural gas) shall not apply to obligations issued after the date of the enactment of the End Polluter Welfare Act of 2015..
 (b)Conforming amendmentThe table of sections for subchapter C of chapter 90 is amended by adding at the end the following new item:

						Sec. 7875. Termination of certain provisions..
			16.Uniform seven-year amortization for geological and geophysical expenditures
 (a)In generalSection 167(h) of the Internal Revenue Code of 1986 is amended— (1)by striking 24-month period each place it appears in paragraphs (1) and (4) and inserting 7-year period, and
 (2)by striking paragraph (5). (b)Effective dateThe amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act.
			17.Natural gas gathering lines treated as 15-year property
 (a)In generalSubparagraph (E) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (viii), by striking the period at the end of clause (ix) and inserting , and, and by adding at the end the following new clause:  (x)any natural gas gathering line the original use of which commences with the taxpayer after the date of the enactment of this clause..
 (b)Alternative systemThe table contained in section 168(g)(3)(B) of the Internal Revenue Code of 1986 is amended by inserting after the item relating to subparagraph (E)(ix) the following new item:

						(E)(x)22.
 (c)Conforming amendmentClause (iv) of section 168(e)(3)(C) of the Internal Revenue Code of 1986 is amended by inserting and on or before the date of the enactment of the End Polluter Welfare Act of 2015 after April 11, 2005. (d)Effective date (1)In generalThe amendments made by this section shall apply to property placed in service on and after the date of the enactment of this Act.
 (2)ExceptionThe amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before the date of the enactment of this Act, or, in the case of self-constructed property, has started construction on or before such date.
				18.Repeal of domestic manufacturing deduction for hard mineral mining
 (a)In generalSubparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , or, and by adding at the end the following new clause:  (iv)the mining of any hard mineral..
 (b)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
			19.Limitation on deduction for income attributable to domestic production of oil, natural gas, or
			 primary products thereof
 (a)Denial of deductionParagraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

 (E)Special rule for oil, natural gas, and coal incomeThe term domestic production gross receipts shall not include gross receipts from the production, refining, processing, transportation, or distribution of oil, natural gas, or coal, or any primary product (within the meaning of subsection (d)(9)) thereof..
 (b)Effective dateThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
			20.Termination of last-in, first-out method of inventory for oil, natural gas, and coal companies
 (a)In generalSection 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (h)Termination for oil, natural gas, and coal companiesSubsection (a) shall not apply to any taxpayer that is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal for any taxable year beginning after the date of enactment of the End Polluter Welfare Act of 2015..
 (b)Additional terminationSection 473 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (h)Termination for oil, natural gas, and coal companiesThis section shall not apply to any taxpayer that is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal for any taxable year beginning after the date of enactment of the End Polluter Welfare Act of 2015..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of enactment of this Act.
			21.Repeal of percentage depletion for coal and hard mineral fossil fuels
 (a)In generalSection 613 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (f)Termination with respect to coal and hard mineral fossil fuelsIn the case of coal, lignite, and oil shale (other than oil shale described in subsection (b)(5)), the allowance for depletion shall be computed without reference to this section for any taxable year beginning after the date of the enactment of the End Polluter Welfare Act of 2015..
			(b)Conforming amendments
 (1)Coal and ligniteSection 613(b)(4) of the Internal Revenue Code of 1986 is amended by striking coal, lignite,. (2)Oil shaleSection 613(b)(2) of such Code is amended to read as follows:

 (2)15 percentIf, from deposits in the United States, gold, silver, copper, and iron ore.. (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
			22.Termination of capital gains treatment for royalties from coal
 (a)In generalSubsection (c) of section 631 of the Internal Revenue Code of 1986 is amended— (1)by striking coal (including lignite), or iron ore and inserting iron ore,
 (2)by striking coal or iron ore each place it appears and inserting iron ore, (3)by striking iron ore or coal each place it appears and inserting iron ore, and
 (4)by striking coal or in the heading. (b)Conforming amendmentThe heading of section 631 of the Internal Revenue Code of 1986 is amended by striking , coal,.
 (c)Effective dateThe amendments made by this section shall apply to dispositions after the date of the enactment of this Act.
			23.Modifications of foreign tax credit rules applicable to oil, natural gas, and coal companies which
			 are dual capacity taxpayers
 (a)In generalSection 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection:

					(n)Special rules relating to oil, natural gas, and coal companies which are dual capacity taxpayers
 (1)General ruleNotwithstanding any other provision of this chapter, any amount paid or accrued to a foreign country or possession of the United States for any period by a dual capacity taxpayer which is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal shall not be considered a tax—
 (A)if, for such period, the foreign country or possession does not impose a generally applicable income tax, or
 (B)to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i)is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or
 (ii)would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer.
								Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not
 in excess of the amount determined under subparagraph (B).(2)Dual capacity taxpayerFor purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A)is subject to a levy of such country or possession, and
 (B)receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession.
 (3)Generally applicable income taxFor purposes of this subsection— (A)In generalThe term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession.
 (B)ExceptionsSuch term shall not include a tax unless it has substantial application, by its terms and in practice, to—
 (i)persons who are not dual capacity taxpayers, and (ii)persons who are citizens or residents of the foreign country or possession..
			(b)Effective Date
 (1)In generalThe amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act.
 (2)Contrary treaty obligations upheldThe amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States.
				24.Increase in oil spill liability trust fund financing rate
 (a)In generalSubparagraph (B) of section 4611(c)(2) of the Internal Revenue Code of 1986 is amended to read as follows:

 (B)the Oil Spill Liability Trust Fund financing rate is— (i)in the case of crude oil received or petroleum products entered before January 1, 2016, 8 cents a barrel,
 (ii)in the case of crude oil received or petroleum products entered after December 31, 2015, and before January 1, 2017, 9 cents a barrel, and
 (iii)in the case of crude oil received or petroleum products entered after December 31, 2016, 10 cents a barrel..
 (b)Effective dateThe amendment made by this section shall apply to crude oil received and petroleum products entered after the date of the enactment of this Act.
			25.Application of certain environmental taxes to synthetic crude oil
 (a)In generalParagraph (1) of section 4612(a) of the Internal Revenue Code of 1986 is amended to read as follows:

					(1)Crude oil
 (A)In generalThe term crude oil includes crude oil condensates, natural gasoline, and synthetic crude oil. (B)Synthetic crude oilFor purposes of subparagraph (A), the term synthetic crude oil means any bitumen and bituminous mixtures, any oil manufactured from bitumen and bituminous mixtures, and any liquid fuel manufactured from coal..
 (b)Effective dateThe amendment made by this section shall apply to oil and petroleum products received or entered during calendar quarters beginning more than 60 days after the date of the enactment of this Act.
			26.Denial of deduction for removal costs and damages for certain oil spills
 (a)In generalPart IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

 280I.Expenses for removal costs and damages relating to certain oil spill liabilityNo deduction shall be allowed under this chapter for any amount paid or incurred with respect to any costs or damages for which the taxpayer is liable under section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702)..
 (b)Clerical amendmentThe table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item:

						Sec. 280I. Expenses for removal costs and damages relating to certain oil spill liability..
 (c)Effective dateThe amendments made by this section shall apply with respect to any liability arising in taxable years ending after the date of the enactment of this Act.
			27.Tax on crude oil and natural gas produced from the outer Continental Shelf in the Gulf of Mexico
 (a)In generalSubtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter:

					56Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of
			 Mexico

							Sec. 5901. Imposition of tax.
							Sec. 5902. Taxable crude oil or natural gas and removal price.
							Sec. 5903. Special rules and definitions.
						5901.Imposition of tax
 (a)In generalIn addition to any other tax imposed under this title, there is hereby imposed a tax equal to 13 percent of the removal price of any taxable crude oil or natural gas removed from the premises during any taxable period.
							(b)Credit for Federal royalties paid
 (1)In generalThere shall be allowed as a credit against the tax imposed by subsection (a) with respect to the production of any taxable crude oil or natural gas an amount equal to the aggregate amount of royalties paid under Federal law with respect to such production.
 (2)LimitationThe aggregate amount of credits allowed under paragraph (1) to any taxpayer for any taxable period shall not exceed the amount of tax imposed by subsection (a) for such taxable period.
 (c)Tax paid by producerThe tax imposed by this section shall be paid by the producer of the taxable crude oil or natural gas.
							5902.Taxable crude oil or natural gas and removal price
 (a)Taxable crude oil or natural gasFor purposes of this chapter, the term taxable crude oil or natural gas means crude oil or natural gas which is produced from Federal submerged lands on the outer Continental Shelf in the Gulf of Mexico pursuant to a lease entered into with the United States which authorizes the production.
 (b)Removal priceFor purposes of this chapter— (1)In generalExcept as otherwise provided in this subsection, the term removal price means—
 (A)in the case of taxable crude oil, the amount for which a barrel of such crude oil is sold, and (B)in the case of taxable natural gas, the amount per 1,000 cubic feet for which such natural gas is sold.
 (2)Sales between related personsIn the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613.
 (3)Oil or natural gas removed from property before saleIf crude oil or natural gas is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613.
 (4)Refining begun on propertyIf the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property—
 (A)such oil shall be treated as removed on the day such manufacture or conversion begins, and (B)the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613.
 (5)PropertyThe term property has the meaning given such term by section 614. 5903.Special rules and definitions (a)Administrative requirements (1)Withholding and deposit of taxThe Secretary shall provide for the withholding and deposit of the tax imposed under section 5901 on a quarterly basis.
 (2)Records and informationEach taxpayer liable for tax under section 5901 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil or natural gas) with respect to such oil as the Secretary may by regulations prescribe.
								(3)Taxable periods; return of tax
 (A)Taxable periodExcept as provided by the Secretary, each calendar year shall constitute a taxable period. (B)ReturnsThe Secretary shall provide for the filing, and the time for filing, of the return of the tax imposed under section 5901.
 (b)DefinitionsFor purposes of this chapter— (1)ProducerThe term producer means the holder of the economic interest with respect to the crude oil or natural gas.
 (2)Crude oilThe term crude oil includes crude oil condensates and natural gasoline. (3)Premises and crude oil productThe terms premises and crude oil product have the same meanings as when used for purposes of determining gross income from the property under section 613.
 (c)Adjustment of removal priceIn determining the removal price of oil or natural gas from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil or natural gas removed.
 (d)RegulationsThe Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter..
 (b)Deductibility of taxThe first sentence of section 164(a) of the Internal Revenue Code of 1986 is amended by inserting after paragraph (4) the following new paragraph:

 (5)The tax imposed by section 5901(a) (after application of section 5901(b)) on the severance of crude oil or natural gas from the outer Continental Shelf in the Gulf of Mexico..
 (c)Clerical amendmentThe table of chapters for subtitle E is amended by adding at the end the following new item:   Chapter 56. Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico.. (d)Effective dateThe amendments made by this section shall apply to crude oil or natural gas removed after December 31, 2015.
			28.Repeal of corporate income tax exemption for publicly traded partnerships with qualifying income
			 and gains from activities relating to fossil fuels
 (a)In generalSection 7704(d)(1) of the Internal Revenue Code of 1986 is amended— (1)by striking subparagraph (E),
 (2)by redesignating subparagraphs (F) and (G) as subparagraphs (E) and (F), respectively, and (3)by striking the flush matter at the end.
 (b)Conforming amendmentSection 988(c)(1)(E)(iii)(III) of the Internal Revenue Code of 1986 is amended by striking or (G) and inserting or (F). (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
			29.Powder River Basin
 (a)Designation of the Powder River Basin as a coal producing regionThe Director of the Bureau of Land Management shall designate the Powder River Basin as a coal producing region.
 (b)ReportNot later than 1 year after the date of enactment of this Act, the Director of the Bureau of Land Management shall submit to Congress a report that includes—
 (1)a study of the fair market value and the amount of royalties paid on coal leases in the Powder River Basin compared to other national and international coal markets; and
 (2)any policy recommendations to capture the future market value of the coal leases in the Powder River Basin.
				30.Reports
 (a)Definition of fossil-Fuel production subsidyIn this section, the term subsidy for fossil-fuel production means any direct funding, tax treatment or incentive, risk-reduction benefit, financing assistance or guarantee, royalty relief, or other provision that provides a financial benefit to a fossil-fuel company for the production of fossil fuels.
 (b)Report to CongressNot later than 1 year after the date of enactment of this Act, the Secretary of the Treasury, in coordination with the Secretary of Energy, shall submit to Congress a report detailing each Federal law (including regulations), other than those amended by this Act, as in effect on the date on which the report is submitted, that includes a subsidy for fossil-fuel production.
			(c)Report on modified recovery period
 (1)In generalNot later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Commissioner of Internal Revenue, shall submit to Congress a report on the applicable recovery period under the accelerated cost recovery system provided in section 168 of the Internal Revenue Code of 1986 for each type of property involved in fossil-fuel production, including pipelines, power generation property, refineries, and drilling equipment, to determine if any assets are receiving a subsidy for fossil-fuel production.
 (2)Elimination of subsidyIn the case of any type of property that the Commissioner of Internal Revenue determines is receiving a subsidy for fossil-fuel production under such section 168, for property placed in service in taxable years beginning after the date of such determination, such section 168 shall not apply. The preceding sentence shall not apply to any property with respect to a taxable year unless such determination is published before the first day of such taxable year.


115 S3132 IS: Securing Airspace for Emergency Responders Act of 2018
U.S. Senate
2018-06-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS2d Session
		S. 3132
		IN THE SENATE OF THE UNITED STATES

			June 26, 2018
			Mr. Gardner (for himself and Mr. Bennet) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

		A BILL
		To amend title 18, United States Code, to prohibit the use of unauthorized unmanned aircrafts over
			 wildfires.

		1.Short title
 This Act may be cited as the Securing Airspace for Emergency Responders Act of 2018.
		2.Prohibition
 (a)AmendmentChapter 2 of title 18, United States Code, is amended by adding at the end the following:  40A.Use of unauthorized unmanned aircrafts over wildfires (a)Unmanned aircraft definedIn this section, the term unmanned aircraft has the meaning given the term in section 331 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).
 (b)OffenseIt shall be unlawful for any person to operate an unmanned aircraft over a wildfire without authorization from relevant Federal agency personnel or any individual designated by a State or unit of local government to authorize such activity.
 (c)PenaltyAny person who violates subsection (b) shall be fined under this title, imprisoned for not less than 1 year, or both..
 (b)Table of sections amendmentThe table of section for chapter 2 of title 18, United States Code, is amended by inserting after the item relating to section 40 the following:
				40A. Use of unauthorized unmanned aircrafts over wildfires..


		I
		112th CONGRESS
		2d Session
		H. R. 5785
		IN THE HOUSE OF REPRESENTATIVES

			May 16, 2012
			Ms. Waters introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To suspend temporarily the duty on certain plastic device
		  covers and stands.

		1.Certain plastic device covers and
			 stands
			(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:

								9902.01.00Covers with an exterior surface of plastics (provided for in
						subheading 3926.10.00) that convert to a stand and incorporate a frame to hold
						portable electronic devices of a kind classified in headings 8470, 8471, 8543
						and 8517FreeNo 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.


110 HR 1931 IH: To amend the Federal Reserve Act to require the

U.S. House of Representatives
2007-04-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1931
		IN THE HOUSE OF REPRESENTATIVES

			April 18, 2007
			Mr. Stark introduced
			 the following bill; which was referred to the
			 Committee on Financial
			 Services

		A BILL
		To amend the Federal Reserve Act to require the
		  production of Federal reserve notes in a manner which enables an individual who
		  is blind to determine the denomination of each such note, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Catherine Skivers Currency for All Act.
		2.Distinctive
			 features required for each Federal reserve note denomination
			(a)In
			 generalSection 16 of the
			 Federal Reserve Act (12 U.S.C. 418) is amended in the 8th undesignated
			 paragraph—
				(1)by striking
			 In order to furnish suitable notes for circulation and inserting
			 the following:

						(h)Engraving of
				plates; denomination and form of notes
							(1)In
				generalIn order to
				furnish suitable notes for
				circulation
							;
				and
				(2)by adding at the
			 end the following new paragraph:

						(2)Distinctive
				features for various denominationsBefore being put into
				circulation, each Federal reserve note the denomination of which is $50 or less
				shall be trimmed in the manner required under this paragraph so as to make the
				denomination of such note recognizable to an individual who is blind:
							(A)All 4 corners of
				each $1 Federal reserve note.
							(B)3 corners of each $2 Federal reserve
				note.
							(C)Upper left-hand and lower right-hand
				corners of each $5 Federal reserve note.
							(D)Upper left-hand and upper right-hand
				corners of each $10 Federal reserve note.
							(E)Upper left-hand and lower left-hand corner
				of each $20 Federal reserve note.
							(F)1 corner of each $50 Federal reserve
				note.
							.
				(b)Effective
			 dateParagraph (2) of section
			 16(h) of the Federal Reserve Act (as added by subsection (a) of this section)
			 shall apply to each Federal reserve note the denomination of which is $50 or
			 less which is put into circulation after the end of the 90-day period beginning
			 on the date of the enactment of this Act.


		II
		Calendar No. 457
		112th CONGRESS
		2d Session
		S. 3393
		IN THE SENATE OF THE UNITED STATES

			July 17, 2012
			Mr. Reid introduced the
			 following bill; which was read the first time

			July 18, 2012
			Read the second time and placed on the
			 calendar

		A BILL
		To amend the Internal Revenue Code of 1986 to provide tax
		  relief to middle-class families.

		1.Short
			 title; etc
			(a)Short
			 titleThis Act may be cited
			 as the Middle Class Tax Cut
			 Act.
			(b)Amendment of
			 1986 CodeExcept as otherwise
			 expressly provided, whenever in this Act an amendment or repeal is expressed in
			 terms of an amendment to, or repeal of, a section or other provision, the
			 reference shall be considered to be made to a section or other provision of the
			 Internal Revenue Code of 1986.
			(c)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title;
				etc.
					TITLE I—Temporary extension of tax relief
					Sec. 101. Temporary extension of 2001 tax relief.
					Sec. 102. Temporary extension of 2003 tax relief.
					Sec. 103. Temporary extension of 2010 tax relief.
					Sec. 104. Temporary extension of election to expense certain
				depreciable business assets.
					TITLE II—Estate tax relief
					Sec. 201. Modifications to estate, gift, and
				generation-skipping transfer taxes.
					TITLE III—Alternative minimum tax relief
					Sec. 301. Temporary extension of increased alternative minimum
				tax exemption amount.
					Sec. 302. Temporary extension of alternative minimum tax relief
				for nonrefundable personal credits.
					TITLE IV—Budgetary effects
					Sec. 401. Budgetary effects.

			ITemporary
			 extension of tax relief
			101.Temporary
			 extension of 2001 tax relief
				(a)Temporary
			 extension
					(1)In
			 generalSection 901 of the
			 Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by
			 striking December 31, 2012 both places it appears and inserting
			 December 31, 2013.
					(2)Effective
			 dateThe amendment made by this subsection shall take effect as
			 if included in the enactment of the Economic Growth and Tax Relief
			 Reconciliation Act of 2001.
					(b)Application to
			 certain high-Income taxpayers
					(1)Income tax
			 rates
						(A)Treatment of
			 25- and 28-percent rate bracketsParagraph (2) of section 1(i) is amended to
			 read as follows:

								(2)25-
				and 28-percent rate bracketsThe tables under subsections (a), (b), (c),
				(d), and (e) shall be applied—
									(A)by substituting
				25% for 28% each place it appears (before the
				application of subparagraph (B)), and
									(B)by substituting
				28% for 31% each place it
				appears.
									.
						(B)33-percent rate
			 bracketSubsection (i) of section 1 is amended by redesignating
			 paragraph (3) as paragraph (4) and by inserting after paragraph (2) the
			 following new paragraph:

								(3)33-percent rate
				bracket
									(A)In
				generalIn the case of taxable years beginning after December 31,
				2012—
										(i)the rate of tax under subsections (a), (b),
				(c), and (d) on a taxpayer's taxable income in the fourth rate bracket shall be
				33 percent to the extent such income does not exceed an amount equal to the
				excess of—
											(I)the applicable amount, over
											(II)the dollar amount at which such bracket
				begins, and
											(ii)the 36 percent
				rate of tax under such subsections shall apply only to the taxpayer's taxable
				income in such bracket in excess of the amount to which clause (i)
				applies.
										(B)Applicable
				amountFor purposes of this paragraph, the term applicable
				amount means the excess of—
										(i)the applicable
				threshold, over
										(ii)the sum of the
				following amounts in effect for the taxable year:
											(I)the basic
				standard deduction (within the meaning of section 63(c)(2)), and
											(II)the exemption
				amount (within the meaning of section 151(d)(1) (or, in the case of subsection
				(a), 2 such exemption amounts).
											(C)Applicable
				thresholdFor purposes of this paragraph, the term
				applicable threshold means—
										(i)$250,000 in the
				case of subsection (a),
										(ii)$225,000 in the
				case of subsection (b),
										(iii)$200,000 in the
				case of subsections (c), and
										(iv)1/2
				the amount applicable under clause (i) (after adjustment, if any, under
				subparagraph (E)) in the case of subsection (d).
										(D)Fourth rate
				bracketFor purposes of this paragraph, the term fourth
				rate bracket means the bracket which would (determined without regard to
				this paragraph) be the 36-percent rate bracket.
									(E)Inflation
				adjustmentFor purposes of this paragraph, with respect to
				taxable years beginning in calendar years after 2012, each of the dollar
				amounts under clauses (i), (ii), and (iii) of subparagraph (C) shall be
				adjusted in the same manner as under paragraph (1)(C), except that subsection
				(f)(3)(B) shall be applied by substituting 2008 for
				1992.
									.
						(2)Phaseout of
			 personal exemptions and itemized deductions
						(A)Overall
			 limitation on itemized deductionsSection 68 is amended—
							(i)by
			 striking the applicable amount the first place it appears in
			 subsection (a) and inserting the applicable threshold in effect under
			 section 1(i)(3),
							(ii)by
			 striking the applicable amount in subsection (a)(1) and
			 inserting such applicable threshold,
							(iii)by striking
			 subsection (b) and redesignating subsections (c), (d), and (e) as subsections
			 (b), (c), and (d), respectively, and
							(iv)by
			 striking subsections (f) and (g).
							(B)Phaseout of
			 deductions for personal exemptions
							(i)In
			 generalParagraph (3) of section 151(d) is amended—
								(I)by striking
			 the threshold amount in subparagraphs (A) and (B) and inserting
			 the applicable threshold in effect under section 1(i)(3),
								(II)by striking
			 subparagraph (C) and redesignating subparagraph (D) as subparagraph (C),
			 and
								(III)by striking
			 subparagraphs (E) and (F).
								(ii)Conforming
			 amendmentsParagraph (4) of section 151(d) is amended—
								(I)by striking
			 subparagraph (B),
								(II)by redesignating
			 clauses (i) and (ii) of subparagraph (A) as subparagraphs (A) and (B),
			 respectively, and by indenting such subparagraphs (as so redesignated)
			 accordingly, and
								(III)by striking all
			 that precedes in a calendar year after 1989, and inserting the
			 following:

										(4)Inflation
				adjustmentIn the case of any
				taxable year
				beginning
										.
								(c)Effective
			 dateExcept as otherwise provided, the amendments made by this
			 section shall apply to taxable years beginning after December 31, 2012.
				(d)Application of
			 EGTRRA sunsetEach amendment made by subsection (b) shall be
			 subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of
			 2001 to the same extent and in the same manner as if such amendment was
			 included in title I of such Act.
				102.Temporary
			 extension of 2003 tax relief
				(a)Extension
					(1)In
			 generalSection 303 of the
			 Jobs and Growth Tax Relief Reconciliation Act of 2003 is amended by striking
			 December 31, 2012 and inserting December 31,
			 2013.
					(2)Effective
			 dateThe amendment made by this subsection shall take effect as
			 if included in the enactment of the Jobs and Growth Tax Relief Reconciliation
			 Act of 2003.
					(b)20-Percent
			 capital gains rate for certain high income individuals
					(1)In
			 generalParagraph (1) of section 1(h) is amended by striking
			 subparagraph (C), by redesignating subparagraphs (D) and (E) as subparagraphs
			 (E) and (F) and by inserting after subparagraph (B) the following new
			 subparagraphs:

							(C)15 percent of the lesser of—
								(i)so much of the
				adjusted net capital gain (or, if less, taxable income) as exceeds the amount
				on which a tax is determined under subparagraph (B), or
								(ii)the excess (if
				any) of—
									(I)the amount of
				taxable income which would (without regard to this paragraph) be taxed at a
				rate below 36 percent, over
									(II)the sum of the
				amounts on which a tax is determined under subparagraphs (A) and (B),
									(D)20 percent of the adjusted net capital gain
				(or, if less, taxable income) in excess of the sum of the amounts on which tax
				is determined under subparagraphs (B) and
				(C),
							.
					(2)Minimum
			 taxParagraph (3) of section 55(b) is amended by striking
			 subparagraph (C), by redesignating subparagraph (D) as subparagraph (E), and by
			 inserting after subparagraph (B) the following new subparagraphs:

							(C)15 percent of the lesser of—
								(i)so much of the
				adjusted net capital gain (or, if less, taxable excess) as exceeds the amount
				on which tax is determined under subparagraph (B), or
								(ii)the excess
				described in section 1(h)(1)(C)(ii), plus
								(D)20 percent of the adjusted net capital gain
				(or, if less, taxable excess) in excess of the sum of the amounts on which tax
				is determined under subparagraphs (B) and (C),
				plus
							.
					(c)Conforming
			 amendments
					(1)The following
			 provisions are each amended by striking 15 percent and inserting
			 20 percent:
						(A)Section
			 531.
						(B)Section
			 541.
						(C)Section
			 1445(e)(1).
						(D)The second
			 sentence of section 7518(g)(6)(A).
						(E)Section
			 53511(f)(2) of title 46, United States Code.
						(2)Sections
			 1(h)(1)(B) and 55(b)(3)(B) are each amended by striking 5 percent (0
			 percent in the case of taxable years beginning after 2007) and
			 inserting 0 percent.
					(3)Section 1445(e)(6) is amended by striking
			 15 percent (20 percent in the case of taxable years beginning after
			 December 31, 2010) and inserting 20 percent.
					(d)Effective
			 dates
					(1)In
			 generalExcept as otherwise provided, the amendments made by
			 subsections (b) and (c) shall apply to taxable years beginning after December
			 31, 2012.
					(2)WithholdingThe
			 amendments made by paragraphs (1)(C) and (3) of subsection (c) shall apply to
			 amounts paid on or after January 1, 2013.
					(e)Application of
			 JGTRRA sunsetEach amendment made by subsections (b) and (c)
			 shall be subject to section 303 of the Jobs and Growth Tax Relief
			 Reconciliation Act of 2003 to the same extent and in the same manner as if such
			 amendment was included in title III of such Act.
				103.Temporary
			 extension of 2010 tax relief
				(a)American
			 Opportunity Tax Credit
					(1)In
			 generalSection 25A(i) is amended by striking or
			 2012 and inserting 2012, or 2013.
					(2)Treatment of
			 possessionsSection 1004(c)(1) of division B of the American
			 Recovery and Reinvestment Tax Act of 2009 is amended by striking and
			 2012 each place it appears and inserting 2012, and
			 2013.
					(b)Child tax
			 creditSection 24(d)(4) is amended—
					(1)by striking
			 and
			 2012 in the heading and inserting 2012, and 2013, and
					(2)by striking
			 or 2012 and inserting 2012, or 2013.
					(c)Earned income
			 tax creditSection 32(b)(3) is amended—
					(1)by striking
			 and
			 2012 in the heading and inserting 2012, and 2013, and
					(2)by striking
			 or 2012 and inserting 2012, or 2013.
					(d)Temporary
			 extension of rule disregarding refunds in the administration of Federal
			 programs and Federally assisted programsSubsection (b) of
			 section 6409 is amended by striking December 31, 2012 and
			 inserting December 31, 2013.
				(e)Effective
			 dates
					(1)In
			 generalExcept as provided in paragraph (2), the amendments made
			 by this section shall apply to taxable years beginning after December 31,
			 2012.
					(2)Rule
			 disregarding refunds in the administration of certain
			 programsThe amendment made by subsection (d) shall apply to
			 amounts received after December 31, 2012.
					104.Temporary
			 extension of election to expense certain depreciable business assets
				(a)In
			 general
					(1)Dollar
			 limitationSection 179(b)(1) is amended—
						(A)by striking
			 and at the end of subparagraph (C),
						(B)by redesignating
			 subparagraph (D) as subparagraph (E),
						(C)by inserting
			 after subparagraph (C) the following new subparagraph:

								(D)$250,000 in the
				case of taxable years beginning in 2013,
				and
								,
				and
						(D)in subparagraph
			 (E), as so redesignated, by striking 2012 and inserting
			 2013.
						(2)Reduction in
			 limitationSection 179(b)(2) is amended—
						(A)by striking
			 and at the end of subparagraph (C),
						(B)by redesignating
			 subparagraph (D) as subparagraph (E),
						(C)by inserting
			 after subparagraph (C) the following new subparagraph:

								(D)$800,000 in the
				case of taxable years beginning in 2013,
				and
								,
				and
						(D)in subparagraph
			 (E), as so redesignated, by striking 2012 and inserting
			 2013.
						(b)Computer
			 softwareSection 179(d)(1)(A)(ii) is amended by striking
			 2013 and inserting 2014.
				(c)ElectionSection
			 179(c)(2) is amended by striking 2013 and inserting
			 2014.
				(d)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2012.
				IIEstate tax
			 relief
			201.Modifications
			 to estate, gift, and generation-skipping transfer taxes
				(a)Modifications
			 to estate tax
					(1)Exclusion
			 amountParagraph (3) of section 2010(c) is amended to read as
			 follows:

							(3)Basic exclusion
				amountFor purposes of this section, the basic exclusion amount
				is $3,500,000.
							.

					(2)Maximum estate
			 tax rateThe table in subsection (c) of section 2001 is amended
			 by striking Over $500,000 and all that follows and inserting the
			 following:

										Over $500,000 but not over $750,000$155,800, plus 37 percent of the
						excess of such amount over $500,000.

										Over $750,000 but not over $1,000,000$248,300, plus 39 percent of the
						excess of such amount over $750,000.

										Over $1,000,000 but not over $1,250,000$345,800, plus 41 percent of the
						excess of such amount over $1,000,000.

										Over $1,250,000 but not over $1,500,000$448,300, plus 43 percent of the
						excess of such amount over $1,250,000.

										Over $1,500,000$555,800, plus 45 percent of the excess of such
						amount over $1,500,000.

							.
					(b)Modifications
			 of estate and gift taxes To reflect differences in credit resulting from
			 different tax rates and exclusion amounts
					(1)Changing tax
			 ratesNotwithstanding section 304 of the Tax Relief, Unemployment
			 Insurance Reauthorization, and Job Creation Act of 2010, section 901 of the
			 Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to
			 the amendments made by section 302(d) of the Tax Relief, Unemployment Insurance
			 Reauthorization, and Job Creation Act of 2010.
					(2)Decreasing
			 exclusions
						(A)Estate tax
			 adjustmentSection 2001 is amended by adding at the end the
			 following new subsection:

								(h)Adjustment To
				reflect changes in exclusion amount
									(1)In
				generalIf, with respect to any gift to which subsection (b)(2)
				applies, the applicable exclusion amount in effect at the time of the
				decedent’s death is less than such amount in effect at the time such gift is
				made by the decedent, the amount of tax computed under subsection (b) shall be
				reduced by the amount of tax which would have been payable under chapter 12 at
				the time of the gift if the applicable exclusion amount in effect at such time
				had been the applicable exclusion amount in effect at the time of the
				decedent's death and the modifications described in subsection (g) had been
				applicable at the time of such gifts.
									(2)LimitationThe
				aggregate amount of gifts made in any calendar year to which the reduction
				under paragraph (1) applies shall not exceed the excess of—
										(A)the applicable
				exclusion amount in effect for such calendar year, over
										(B)the applicable
				exclusion amount in effect at the time of the decedent's death.
										(3)Applicable
				exclusion amountThe term applicable exclusion
				amount means, with respect to any period, the amount determined under
				section 2010(c) for such period, except that in the case of any period for
				which such amount includes the deceased spousal unused exclusion amount (as
				defined in section 2010(c)(4)), such term shall mean the basic exclusion amount
				(as defined under section 2010(c)(3), as in effect for such
				period).
									.
						(B)Gift tax
			 adjustmentSection 2502 is amended by adding at the end the
			 following new subsection:

								(d)Adjustment To
				reflect changes in exclusion amount
									(1)In
				generalIf the taxpayer made a taxable gift in an applicable
				preceding calendar period, the amount of tax computed under subsection (a)
				shall be reduced by the amount of tax which would have been payable under
				chapter 12 for such applicable preceding calendar period if the applicable
				exclusion amount in effect for such preceding calendar period had been the
				applicable exclusion amount in effect for the calendar year for which the tax
				is being computed and the modifications described in subsection (g) had been
				applicable for such preceding calendar period.
									(2)LimitationThe
				aggregate amount of gifts made in any applicable preceding calendar period to
				which the reduction under paragraph (1) applies shall not exceed the excess
				of—
										(A)the applicable
				exclusion amount for such preceding calendar period, over
										(B)the applicable
				exclusion amount for the calendar year for which the tax is being
				computed.
										(3)Applicable
				preceding calendar year periodThe term applicable
				preceding calendar year period means any preceding calendar year period
				in which the applicable exclusion amount exceeded the applicable exclusion
				amount for the calendar year for which the tax is being computed.
									(4)Applicable
				exclusion amountThe term applicable exclusion
				amount means, with respect to any period, the amount determined under
				section 2010(c) for such period, except that in the case of any period for
				which such amount includes the deceased spousal unused exclusion amount (as
				defined in section 2010(c)(4)), such term shall mean the basic exclusion amount
				(as defined under section 2010(c)(3), as in effect for such
				period).
									.
						(c)Effective
			 dateThe amendments made by this section shall apply to estates
			 of decedents dying, and generation-skipping transfers and gifts made, after
			 December 31, 2012.
				(d)Application of
			 EGTRRA sunsetSection 901 of the Economic Growth and Tax Relief
			 Reconciliation Act shall apply to the amendments made by subsection (a).
				IIIAlternative
			 minimum tax relief
			301.Temporary
			 extension of increased alternative minimum tax exemption amount
				(a)In
			 generalParagraph (1) of section 55(d) is amended—
					(1)by striking
			 $72,450 and all that follows through 2011 in
			 subparagraph (A) and inserting $78,750 in the case of taxable years
			 beginning in 2012, and
					(2)by striking
			 $47,450 and all that follows through 2011 in
			 subparagraph (B) and inserting $50,600 in the case of taxable years
			 beginning in 2012.
					(b)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2011.
				302.Temporary
			 extension of alternative minimum tax relief for nonrefundable personal
			 credits
				(a)In
			 generalParagraph (2) of section 26(a) is amended—
					(1)by striking
			 or 2011 and inserting 2011, or 2012, and
					(2)by striking
			 2011 in the heading thereof and inserting
			 2012.
					(b)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2011.
				IVBudgetary
			 effects
			401.Budgetary
			 effects
				(a)PAYGO
			 ScorecardThe budgetary effects of this Act shall not be entered
			 on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
			 Pay-As-You-Go Act of 2010.
				(b)Senate PAYGO
			 ScorecardThe budgetary effects of this Act shall not be entered
			 on any PAYGO scorecard maintained for purposes of section 201 of S. Con. Res.
			 21 (110th Congress).

		July 18, 2012
		Read the second time and placed on the
		  calendar


		I
		111th CONGRESS
		2d Session
		H. R. 4848
		IN THE HOUSE OF REPRESENTATIVES

			March 15, 2010
			Mr. Young of Alaska
			 introduced the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to reduce the
		  rate of tax on corporations that make certain education
		  contributions.

		1.Short titleThis Act may be cited as the
			 Tax Cut Job Creation Act of
			 2010.
		2.Corporate income
			 tax rate reduction
			(a)In
			 generalSection 11 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 subsection:

					(e)Reduction for
				certain contributions
						(1)In
				generalIn the case of a qualified corporation, the amount of tax
				imposed by subsection (a) for the taxable year (determined without regard to
				this subsection) shall be reduced by an amount equal to 5 percent of so much of
				the taxable income of the corporation for such taxable year as exceeds
				$75,000.
						(2)Qualifying
				corporationFor purposes of this subsection—
							(A)Qualified
				corporationThe term qualifying corporation means a
				corporation the aggregate amount of specified contributions of which for the
				taxable year are not less than an amount equal to 20 percent of an amount equal
				to 5 percent of so much of the taxable income of the corporation for the
				taxable year as exceeds $75,000.
							(3)Specified
				contributionsThe term specified contributions
				means—
							(A)the charitable
				contributions (as defined in section 170(c)) of the corporation for the taxable
				year to organizations described in section 170(b)(1)(A)(ii), and
							(B)the wages (as
				defined in section 3121(a)) paid by the corporation to interns as part of a
				vocational educational course of such an organization.
							(4)TerminationThis
				subsection shall not apply to taxable years beginning after December 31,
				2014.
						.
			(b)Effective
			 dateThe amendment made by this section shall apply to taxable
			 years beginning after December 31, 2010.


109 HR 2269 IH: To extend the temporary suspension of duty on helium.
U.S. House of Representatives
2005-05-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 2269
IN THE HOUSE OF REPRESENTATIVES

May 11, 2005
Mr. English of Pennsylvania introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To extend the temporary suspension of duty on helium.

1.Helium
(a)In generalHeading 9902.01.47 of the Harmonized Tariff Schedule of the United States is amended by striking 12/31/2006 and inserting 12/31/2008.
(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 enactment of this Act.


114 HR 6232 IH: Social Enterprise Ecosystem and Economic Development Commission Act of 2016
U.S. House of Representatives
2016-09-28
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.

I114th CONGRESS2d SessionH. R. 6232IN THE HOUSE OF REPRESENTATIVESSeptember 28, 2016Mr. Cicilline (for himself and Mr. MacArthur) introduced the following bill; which was referred to the Committee on Oversight and Government ReformA BILLTo provide for the establishment of a Commission on the Advancement of Social Enterprise, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Social Enterprise Ecosystem and Economic Development Commission Act of 2016 or as the SEEED Commission Act of 2016. 2.Commission on the advancement of social enterprise (a)EstablishmentThere is established a commission to be known as the Commission on the Advancement of Social Enterprise (referred to in this section as the Commission). The purpose of the commission is to examine and make recommendations with respect to ways the Federal Government can support and utilize the transformative power of social enterprises.
 (b)Federal advisory committee actThe Federal Advisory Committee Act does not apply to the Commission established under this subsection.
 (c)MembershipThe membership of the Commission shall be composed of the following or their designees: (1)The Administrator of the Small Business Administration.
 (2)The Administrator of the Economic Development Administration. (3)The Director of the Office of Social Innovation and Civic Participation.
 (4)The Chief Executive Officer of the Corporation for National and Community Service. (5)The Assistant to the President for Domestic Policy.
 (6)The Director of the Office of Management and Budget. (7)The Commissioner of Internal Revenue.
 (8)The Secretary of Labor. (9)The Director of the Census.
 (10)The Director of the National Economic Council. (11)The Attorney General.
 (12)The Secretary of State. (13)The Secretary of Education.
 (14)The Secretary of the Treasury. (15)The Secretary of Health and Human Services.
 (16)The Commissioner of Social Security. (17)The Secretary of Agriculture.
 (18)The Secretary of Commerce. (19)The Secretary of Housing and Urban Development.
 (20)The Chair of the Council of Economic Advisors. (21)The Administrator of the General Services Administration.
				(d)Operation
 (1)ChairpersonThe Director of the Office of Social Innovation and Civic Participation shall serve as the Chairperson of the Commission.
				(2)Meetings
 (A)In generalThe Commission shall meet at the call of the Chairperson. (B)Initial meetingThe initial meeting shall take place not later than 30 days after the date of enactment of this Act.
 (3)QuorumA majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.
 (4)RulesThe Commission may establish, by majority vote, any rules for the conduct of Commission business, in accordance with this Act and other applicable law.
				(e)Duties
 (1)Defining social enterpriseNot later than 1 year after the initial meeting of the Commission, the Commission shall establish criteria for identifying social enterprises for purposes of Federal programs. The Commission will draw upon existing leading research and scholarship in this area as well as the input of practitioners and policy experts within the social enterprise field.
				(2)Study activities
 (A)In generalThe Commission shall identify opportunities for the Federal Government to more effectively engage social enterprises in creating jobs and strengthening local economies while achieving optimal outcomes in addressing policy challenges at the national, State, and local level. The Commission shall receive and consider reports and testimony from individuals, government departments, State and local elected officials, community-based organizations, nonprofit organizations, faith-based organizations, foundations, and other public and private organizations statewide and of national significance on the following:
 (i)How social enterprise can accelerate progress on social issues. (ii)How social enterprises work in a cross-sector manner.
 (iii)How social enterprise can advance social and economic development goals. (B)Areas of study and recommendationThe areas studied and potential recommendations offered by the Commission under this paragraph shall include the following:
 (i)The role of social enterprises in the United States economy. (ii)The role of social enterprises in addressing economic, social, and environmental policy challenges across all levels of government.
 (iii)The role of social enterprises as community support and development entities. (iv)A statistical and qualitative examination of social enterprise within the United States and its contribution to the social and economic development of the United States.
 (v)Means through which the Federal Government can assist in enhancing the capacity of social enterprises.
 (vi)Corporate legal structures that foster or impede the development of social enterprises. (vii)How to reform the Internal Revenue Code to reduce obstacles that social enterprises face when addressing social issues and creating economic value through innovative methods.
 (viii)How to reform Federal securities laws to encourage impact investing. (ix)How the Federal Government can leverage existing Community Development Financial Institutions programs.
 (x)How various sectors (including but not limited to philanthropic, for-profit, and nonprofit sectors) and levels of government currently interact with social enterprises.
 (xi)Review of the current process through which social enterprises—both for-profit and nonprofit organizations—can obtain Federal loans, grants, and contracts and offer recommendations for improving these processes in light of the special needs and contributions of social enterprises.
 (xii)Review of the current process, policies, and procedures through which social enterprises—both for-profit and nonprofit organizations—can access Federal contracting opportunities and offer recommendations for improving the access of social enterprises to Federal procurement opportunities.
 (xiii)How the Federal Government can play a role in developing a purchasing directory of social enterprises within the United States that can be supported by citizens, businesses, and government.
 (xiv)Opportunities for the Federal Government to develop and expand research and the collection and analysis of longitudinal data on social enterprises.
 (xv)Barriers to social enterprise growth. (xvi)Opportunities for the development of an entity or initiative to support intermediaries that will promote and invest in social enterprise.
 (xvii)Identification of the appropriate entity within the Federal Government that shall be charged with the responsibility of preparing an annual report to Congress on the impact of social enterprises in the United States and the extent to which the Federal Government interacts with, supports, and invests in social enterprises. And, where appropriate, this entity shall monitor and update the areas of study listed in this subparagraph.
						(f)Powers of the commission
 (1)The Commission may hold such hearings and collect such information as appropriate for carrying out this section.
 (2)Except as otherwise prohibited by law, the Commission may secure directly from any Federal department or agency information the Commission considers necessary to carry out this section. Upon the request of the Commission, the head of the any Federal agency shall furnish information requested under this paragraph to the Commission.
 (3)The Commission may enter into contracts for research to inform the deliberations of the Commission. (4)The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.
				(g)Commission personnel matters
 (1)Detail of Federal employeesOn the affirmative vote of 2/3 of the members of the Commission and the approval of the appropriate Federal agency head, an employee of the Federal Government at GS–13 level or higher may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privileges.
				(2)Staff
					(A)In general
 (i)Appointment and compensationThe chairperson, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at Level V of the Executive Schedule under section 5316 of title 5, United States Code.
						(ii)Personnel as Federal employees
 (I)In generalAny personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title.
 (II)Members of the commissionSubparagraph (I) shall not be construed to apply to members of the Commission. (B)Volunteer servicesNotwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary.
					(h)Contracts for research
 (1)Researchers and expertsOn an affirmative vote of 2/3 of the members of the Commission, the Commission may select nongovernmental researchers and experts to assist the Commission in carrying out the duties of the Commission under this section.
 (2)Other organizationsNothing in this subsection limits the ability of the Commission to enter into contracts with any other entity or organization to carry out research necessary to carry out the duties of the Commission under this section.
 (i)ReportNot later than 1 year after the Commission establishes criteria by which to identify social enterprise, the Commission shall submit to the President and Congress a report on the Commission’s findings, conclusions, and recommendations. The report shall identify the Federal programs recommended and shall include—
 (1)reports on all matters studied as described in subsection (b); and (2)how existing Federal Government programs can be expanded to take advantage of the social and economic benefits of social enterprises.
 (j)TerminationThe Commission shall terminate 90 days after the date on which the Commission submits the report of the Commission under subsection (i).


		I
		112th CONGRESS
		2d Session
		H. R. 6383
		IN THE HOUSE OF REPRESENTATIVES

			September 12, 2012
			Ms. Eddie Bernice Johnson of
			 Texas introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To designate the facility of the United States Postal
		  Service located at 2825 Oak Lawn Avenue in Dallas, Texas, as the William
		  H. Bill Nelson Post Office Building.

		1.William H.
			 Bill Nelson Post Office Building
			(a)DesignationThe
			 facility of the United States Postal Service located at 2825 Oak Lawn Avenue in
			 Dallas, Texas, shall be known and designated as the William H.
			 Bill Nelson Post Office Building.
			(b)ReferencesAny
			 reference in a law, map, regulation, document, paper, or other record of the
			 United States to the facility referred to in subsection (a) shall be deemed to
			 be a reference to the William H. Bill Nelson Post Office
			 Building.


117 S1755 IS: Agricultural Security Risk Review Act
U.S. Senate
2021-05-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 1755IN THE SENATE OF THE UNITED STATESMay 20, 2021Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban AffairsA BILLTo amend the Defense Production Act of 1950 to include the Secretary of Agriculture as a member of the Committee on Foreign Investment in the United States, and for other purposes.1.Short titleThis Act may be cited as the Agricultural Security Risk Review Act. 2.Membership of the Committee on Foreign Investment in the United StatesSection 721(k)(2) of the Defense Production Act of 1950 (50 U.S.C. 4565(k)(2)) is amended—(1)by redesignating subparagraphs (H) through (J) as subparagraphs (I) through (K), respectively; and(2)by inserting after subparagraph (G) the following:(H)The Secretary of Agriculture..


115 HR 223 IH: To prohibit the Secretary of the Interior and the Secretary of Commerce from authorizing commercial finfish aquaculture operations in the Exclusive Economic Zone except in accordance with a law authorizing such action.
U.S. House of Representatives
2017-01-03
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.

I115th CONGRESS1st SessionH. R. 223IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2017Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo prohibit the Secretary of the Interior and the Secretary of Commerce from authorizing commercial
			 finfish aquaculture operations in the Exclusive Economic Zone except in
			 accordance with a law authorizing such action.

 1.Prohibition on authorizing finfish aquaculture in the EEZNotwithstanding any other provision of law, neither the Secretary of the Interior nor the Secretary of Commerce may issue any permit or in any other way authorize any person to conduct commercial finfish aquaculture operations in the Exclusive Economic Zone of the United States (as established by Proclamation Numbered 5030, dated March 10, 1983), except in accordance with a law authorizing such action that is enacted after the date of the enactment of this Act.


116 HR 8650 IH: Eliminate the Digital Divide Act
U.S. House of Representatives
2020-10-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8650IN THE HOUSE OF REPRESENTATIVESOctober 20, 2020Mr. Williams introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Communications Act of 1934 to provide funding to States for extending broadband service to unserved areas in partnership with broadband service providers, and for other purposes.1.Short titleThis Act may be cited as the Eliminate the Digital Divide Act.2.Expansion of broadband access in unserved areas(a)In generalThe Communications Act of 1934 (47 U.S.C. 151 et seq.) is amended— (1)in title I (47 U.S.C. 151 et seq.), by adding at the end the following:14.Expansion and adoption of broadband service through State funding(a)DefinitionsIn this section:(1)Broadband funding partnerThe term broadband funding partner means an eligible entity that receives funding for a project under this section.(2)Broadband serviceThe term broadband service—(A)means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service;(B)includes any service that is a functional equivalent of the service described in subparagraph (A); and(C)does not include dial-up internet access service.(3)Eligible entityThe term eligible entity means a private provider of broadband service, or a public-private partnership or cooperative (including a subsidiary of a cooperative) that provides broadband service, that has submitted to the Commission, in addition to any data required to be submitted under section 802, data regarding the service option described in subsection (f)(2) that the entity would offer if the entity were to receive funding under this section.(4)High cost areaThe term high cost area means an area in which the cost of building out broadband service is higher, as compared with the average such cost in the United States (and as determined by the Commission), because of—(A)the remote location of the area;(B)the scarcity of services in the area;(C)the unique topography of the area;(D)a high rate of poverty in the area; or(E)any other factor that contributes to the cost of building out that service.(5)LocationThe term location has the meaning given the term by the Commission under rules and guidance that are in effect, as of the date of enactment of this section.(6)ProjectThe term project means an undertaking by a broadband funding partner under this section to construct and deploy infrastructure for the provision of broadband service.(7)Unserved areaThe term unserved area means an area that, as determined in accordance with the maps created under section 802(c)(1)—(A)has no access to broadband service; or (B)does not have access to broadband service offered—(i)with a download speed of at least 25 megabits per second; and(ii)with an upload speed of at least 3 megabits per second.(b)Program established(1)In generalNot later than 100 days after the date of enactment of this section, the Commission shall establish a program for States to expand access to broadband service in unserved areas. (2)Relationship to universal serviceThe program established under paragraph (1) shall be separate from any universal service program established under section 254.(c)State program requirementsA State seeking funding under the program established under subsection (b) shall create a program that—(1)implements the requirements of this section;(2)does not favor the use of any particular technology or any particular eligible entity;(3)encourages small broadband providers to participate in the program through streamlined regulatory requirements for all broadband funding partners;(4)takes into account—(A)the size and scope of each unserved area, and the number of locations, proposed to be served by each project carried out using the funds; and(B)the speed of the broadband service provided by eligible entities seeking funding for projects under the program;(5)may take into account—(A)the size and proportion of the matching funds proposed to be committed by the eligible entities seeking funding for projects under the program, which may not be provided from any funds derived from government grants, loans, or subsidies; (B)the speed with which the eligible entities seeking funding for projects under the program can complete the proposed deployment and provision of broadband service to households under those projects; and(C)whether an eligible entity seeking funding for a project under the program has the ability to leverage nearby or adjacent broadband service provided by the eligible entity to facilitate the deployment and provision of broadband service proposed under that project;(6)establishes— (A)periodic buildout milestones, reporting requirements, and certification by broadband funding partners; and(B)a maximum buildout timeframe for a broadband funding partner of 3 years, beginning on the date on which funding is provided to the broadband funding partner to undertake a project, except that the State may extend that timeframe if the broadband funding partner establishes that the failure to complete the project within that timeframe is due to—(i)delays by third parties in providing necessary permits, approvals, or access to (or construction of) poles; or(ii)a State or federally declared disaster;(7)contains sufficient notice, transparency, accountability, and oversight measures to— (A)provide the public and broadband funding partners with notice of the funding provided under this section; and (B)deter waste, fraud, and abuse of program funds;(8)establishes procedures for the recovery of funds, in whole or in part, from a broadband funding partner if the broadband funding partner— (A)defaults or fails to comply with the buildout requirements established for the project with respect to which the funding relates; and(B)has not received an extension under paragraph (6)(B);(9)establishes procedures for broadband funding partners to receive expedited approval for all necessary access to (or construction of) poles, State and local rights-of-way permits, or other approvals in the areas of the State served by projects under the program;(10)provides that broadband funding partners are not required to be designated as eligible telecommunications carriers under section 214(e);(11)provides that an eligible entity shall grant access to poles, ducts, conduits, and rights-of-way that the eligible entity owns or controls within the State at rates, terms, and conditions regulated by the Commission under, or the State consistent with, section 224, without regard to whether that section otherwise applies with respect to those items; and(12)except as otherwise explicitly provided in this section, does not require, or include consideration of, the imposition of any new or additional regulatory obligations on broadband funding partners beyond those required under applicable law.(d)Distribution of funds to States(1)Commission distributions(A)In generalNot later than 200 days after the date of enactment of this section, the Commission, under the program established under subsection (b), and in accordance with the requirements of this section, shall, with respect to the amounts made available to carry out this section— (i)reserve 10 percent of those amounts for distributions under subparagraph (B) to States that have established programs under subsection (c); and(ii)of the amounts not reserved under clause (i), make distributions under paragraph (2) to States that have established programs under subsection (c).(B)Distributions for high cost areasThe amount of a distribution to a State under this subparagraph shall be calculated as follows:(i)Divide the number of high cost areas in the State by the total number of high cost areas in the United States.(ii)Multiply the quotient obtained under clause (i) by the total amount reserved under subparagraph (A)(i).(2)Amount of distributions for project awardsThe amount of a distribution to a State under paragraph (1) shall be calculated as follows:(A)Divide the number of individuals living in unserved areas in the State by the total number of individuals living in unserved areas in the United States, as determined in accordance with the maps created under section 802(c)(1).(B)Multiply the quotient obtained under subparagraph (A) of this paragraph by the amount described in paragraph (1)(A)(ii). (3)State entitlementWith respect to a State that has established a program under subsection (c), the State shall receive a distribution under both of paragraphs (1)(B) and (2) of this subsection.(e)State use of program funds(1)In generalNot later than 120 days after the date on which a State receives funds under subsection (d), and subject to paragraph (2), the State shall make awards to eligible entities through the program established by the State under subsection (c).(2)Funds used solely for unserved areasA State to which funds are distributed under subsection (d)—(A)may not— (i)use any portion of those funds for a project in any area that is not an unserved area; or(ii)use more than 5 percent of those funds to administer the program established by the State under subsection (c); and(B)shall—(i)before making any awards described in paragraph (1), consult the maps created under section 802(c)(1), as updated through the resolution of any challenges brought under section 802(b)(5), to create a list of areas within the State that are unserved areas, which the State shall make publicly available;(ii)from the list created under clause (i), remove any area in the State that—(I)has been awarded funding in the Rural Digital Opportunity Fund Phase I auction provided for in the Report and Order in the matter of Rural Digital Opportunity Fund and Connect America Fund adopted by the Commission on January 30, 2020 (FCC 20–5); (II)has been awarded funding through any Rural Utilities Service broadband funding program with a minimum speed commitment of 25 megabits per second for downloads and 3 megabits per second for uploads;(III)has been awarded funding through any existing program established by the State with minimum speed commitments described in subclause (II); or(IV)is the subject of an enforceable commitment by a broadband provider to serve the area with minimum speed commitments described in subclause (II), even if, in any such areas, the service is not yet available, provided that the broadband provider is meeting any applicable build-out deadlines; (iii)establish a streamlined process that allows a broadband service provider, the State, or a unit of local government within the State not less than 30 days after the date on which the list created under clause (i), as updated under clause (ii), is made publicly available to bring a challenge regarding whether an area on that final list is an unserved area;(iv)provide a written notice regarding how each challenge brought under clause (iii) was decided, including the reasons for that decision; (v)update the list created under clause (i) to reflect the results of challenges brought under clause (iii);(vi)not later than 10 years after the date of enactment of this section, return any unused portion of those funds to the Commission; and (vii)not later than 2 years after the date on which the funds are distributed to the State, and biennially thereafter, submit to the Commission a report— (I)regarding how the State spent those funds during the period covered by the report, which shall include a description of each award made with those funds; and(II)that contains a certification that the State has complied with the requirements of this section during the period covered by the report.(f)Project requirementsAny project funded through the program established under subsection (b) shall—(1)adhere to the same quality-of-service standards established by the Commission with respect to the Rural Digital Opportunity Fund set forth in subpart J of part 54 of title 47, Code of Federal Regulations (or any successor regulations); and(2)offer a low-cost broadband service option for low-income subscribers with eligibility for the service option determined by the applicable broadband funding partner.(g)Promoting broadband deploymentNot later than 1 year after the date on which a State receives funding under this section, the State shall publish on a publicly available website of the State a report that analyzes the following:(1)The process by which the State, or any local authority within the State, acts on a new request to access poles, ducts, conduits, or rights-of-way, which shall include an analysis of— (A)the speed with which the State or local authority, as applicable, responds to such a request; and(B)the impact that granting such a request not later than 30 days after the date on which the request is submitted would have on the speed at which broadband service is deployed in the State.(2)The process by which the State, or any local authority within the State, acts on a nonemergency request for authorization to place, construct, or modify facilities with respect to broadband service that are supported through access to poles, ducts, conduits, or rights-of-way, which shall include an analysis of—(A)the speed with which the State or local authority, as applicable, responds to such a request; and(B)the impact that granting such a request not later than 30 days after the date on which the request is submitted would have on the speed at which broadband service is deployed in the State.(3)The impact on the deployment of broadband service within the State of not requiring a permit or other authorization for emergency work performed in the rights-of-way if a broadband facility supported through access to poles, ducts, conduits, or rights-of-way notifies the State, or the applicable local authority within the State, regarding the emergency and the associated work.(4)The impact on the deployment of broadband service within the State of requiring the State, or any instrumentality of the State, whenever the State or instrumentality intends to modify or alter a pole, duct, conduit, or right-of-way, or conduct road work in which there will be open trenches, to provide prior written notification of that action to any broadband service provider, or other entity, that has obtained an attachment to a pole, duct, or conduit, or right-of-way that may be affected, so that the applicable entity may have a reasonable opportunity to add to or modify its existing attachment or facilities.(h)GuidanceThe Commission may provide guidance to States with respect to service obligations, procedures, reporting requirements, and other requirements in carrying out programs established under this section.(i)Rule of constructionNothing in this section may be construed to permit the Commission to use any data submitted by a provider of broadband service under this section to issue or establish additional regulatory requirements with respect to that provider.; and(2)in section 802(c) (47 U.S.C. 642(c))—(A)in paragraph (1)(A)—(i)in clause (i), by striking and at the end;(ii)in clause (ii), by adding and after the semicolon at the end; and(iii)by adding at the end the following:(iii)the areas of the United States in which options described in section 14(f)(2) are available;;(B)in paragraph (5), by striking and at the end;(C)in paragraph (6)—(i)in the matter preceding subparagraph (A), by inserting , including on a publicly available website after make public; (ii)in subparagraph (A), by striking and at the end; and(iii)in subparagraph (B), by striking the period at the end and inserting ; and; and(D)by adding at the end the following:(7)beginning not later than 18 months after the date of enactment of the Eliminate the Digital Divide Act, ensure that the publicly available website described in paragraph (6)—(A)allows a consumer to determine, based on financial information entered by the consumer, whether the consumer is eligible— (i)to receive a Federal or State subsidy with respect to broadband internet access service; or (ii)to qualify for a low-income plan with respect to broadband internet access service; and(B)with respect to a consumer who is eligible under clause (i) or (ii) of subparagraph (A), contains information regarding how to apply for the applicable benefit..(b)Direct appropriationThere is appropriated to the Federal Communications Commission, out of any money in the Treasury not otherwise appropriated, $10,000,000,000 for fiscal year 2021 to carry out section 14 of the Communications Act of 1934, as added by subsection (a)(1), which shall remain available through fiscal year 2029.


114 HRES 794 EH: Providing for consideration of the bill (H.R. 5485) making appropriations for financial services and general government for the fiscal year ending September 30, 2017, and for other purposes.
U.S. House of Representatives
2016-07-05
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.

IV
114th CONGRESS
2d Session
H. RES. 794
In the House of Representatives, U. S.,

July 5, 2016

RESOLUTION
Providing for consideration of the bill (H.R. 5485) making appropriations for financial services and general government for the fiscal year ending September 30, 2017, and for other purposes.

That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 5485) making appropriations for financial services and general government for the fiscal year ending September 30, 2017, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations.  2.(a) After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read through page 265, line 9. Points of order against provisions in the bill for failure to comply with clause 2 or clause 5(a) of rule XXI are waived except as follows: beginning with : Provided further on page 122, line 19, through 2012 on page 122, line 22. Where points of order are waived against part of a paragraph, points of order against a provision in another part of such paragraph may be made only against such provision and not against the entire paragraph.
(b)No amendment to the bill shall be in order except those printed in the report of the Committee on Rules accompanying this resolution, amendments en bloc described in section 3 of this resolution, and pro forma amendments described in section 4 of this resolution.  (c)Each amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment except as provided by section 4 of this resolution, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
(d)All points of order against amendments printed in the report of the Committee on Rules or against amendments en bloc described in section 3 of this resolution are waived.  3.It shall be in order at any time for the chair of the Committee on Appropriations or his designee to offer amendments en bloc consisting of amendments printed in the report of the Committee on Rules accompanying this resolution not earlier disposed of. Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chair and ranking minority member of the Committee on Appropriations or their respective designees, shall not be subject to amendment except as provided by section 4 of this resolution, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
4.During consideration of the bill for amendment, the chair and ranking minority member of the Committee on Appropriations or their respective designees may offer up to 10 pro forma amendments each at any point for the purpose of debate.  5.At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
6.Section 1201 of H.R. 5485 shall be considered to be a spending reduction account for purposes of section 3(d) of House Resolution 5.  7.During consideration of H.R. 5485, section 3304 of Senate Concurrent Resolution 11 shall not apply.

Karen L. Haas,Clerk.