113 HR 530 IH: Government Waste Reduction Act of 2013
U.S. House of Representatives
2013-02-06
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 530
		IN THE HOUSE OF REPRESENTATIVES

			February 6, 2013
			Mrs. Bustos
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform, and in addition to the Committee on
			 Rules, for a period to be
			 subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee
			 concerned

		A BILL
		To establish the Independent Government Waste Reduction
		  Board.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited
			 as the Government Waste Reduction Act
			 of 2013.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Establishment of Board.
					Sec. 3. Duties of the Board.
					Sec. 4. Powers of the Board.
					Sec. 5. Board personnel matters.
					Sec. 6. Congressional consideration of Board
				recommendations.
					Sec. 7. Termination of the Board.

			2.Establishment of
			 Board
			(a)EstablishmentThere is established the Independent
			 Government Waste Reduction Board (hereafter in this Act referred to as the
			 Board).
			(b)Membership
				(1)In
			 general
					(A)AppointmentThe Board shall be composed of 15 members
			 appointed by the President, by and with the advice and consent of
			 Congress.
					(B)QualificationsThe
			 members of the Board shall include individuals with national recognition for
			 their expertise in agencies, efficiency, waste reduction, finance and
			 economics, actuarial sciences, who provide a mix of different professionals,
			 broad geographic representation, and a balance between urban and rural
			 representatives.
					(C)Ethical
			 disclosureThe President
			 shall establish a system for public disclosure by members of the Board of
			 financial and other potential conflicts of interest relating to such members.
			 Members of the Board shall be treated as officers in the executive branch for
			 purposes of applying title I of the Ethics in Government Act of 1978 (Public
			 Law 95–521).
					(D)Conflicts of
			 interestNo individual may
			 serve as a member of the Board if that individual engages in any other
			 business, vocation, or employment.
					(E)Consultation
			 with CongressIn selecting
			 individuals for nominations for appointments to the Board, the President shall
			 consult with—
						(i)the
			 majority leader of the Senate concerning the appointment of 3 members;
						(ii)the
			 Speaker of the House of Representatives concerning the appointment of 3
			 members;
						(iii)the minority
			 leader of the Senate concerning the appointment of 3 members; and
						(iv)the
			 minority leader of the House of Representatives concerning the appointment of 3
			 members.
						(2)Term of
			 officeEach member shall hold
			 office for the duration of the Board.
				(3)Chairperson
					(A)In
			 generalThe Chairperson shall
			 be appointed by the President, by and with the advice and consent of the
			 Senate, from among the members of the Board.
					(B)DutiesThe
			 Chairperson shall be the principal executive officer of the Board, and shall
			 exercise all of the executive and administrative functions of the Board,
			 including functions of the Board with respect to—
						(i)the
			 appointment and supervision of personnel employed by the Board;
						(ii)the
			 distribution of business among personnel appointed and supervised by the
			 Chairperson and among administrative units of the Board; and
						(iii)the use and
			 expenditure of funds.
						(C)GovernanceIn
			 carrying out any of the functions under subparagraph (B), the Chairperson shall
			 be governed by the general policies established by the Board and by the
			 decisions, findings, and determinations the Board shall by law be authorized to
			 make.
					(D)Requests for
			 appropriationsRequests or estimates for regular, supplemental,
			 or deficiency appropriations on behalf of the Board may not be submitted by the
			 Chairperson without the prior approval of a majority vote of the Board.
					(4)RemovalAny member may be removed by the President
			 for neglect of duty or malfeasance in office, but for no other cause.
				(c)Vacancies;
			 Quorum; Seal; Vice Chairperson; Voting on Reports
				(1)VacanciesNo vacancy on the Board shall impair the
			 right of the remaining members to exercise all the powers of the Board.
				(2)QuorumA
			 majority of the members of the Board shall constitute a quorum for the
			 transaction of business, but a lesser number of members may hold
			 hearings.
				(3)SealThe
			 Board shall have an official seal, of which judicial notice shall be
			 taken.
				(4)Vice
			 ChairpersonThe Board shall elect a Vice Chairperson to act in
			 the absence or disability of the Chairperson or in case of a vacancy in the
			 office of the Chairperson.
				(5)Voting on
			 proposalsAny proposal of the Board must be approved by the
			 majority of members present.
				3.Duties of the
			 Board
			(a)Submission of
			 reportNot later than one
			 year after the date of the enactment of this Act, the Board shall submit to
			 Congress and the President a report that advises specific implementation of the
			 recommendations from the March 2011 Government Accountability Office report to
			 Congress, entitled Opportunities to Reduce Potential Duplication in
			 Government Programs, Save Tax Dollars, and Enhance Revenue
			 (GAO–11–318SP) and the February 2012 Government Accountability Office report to
			 Congress, entitled Opportunities to Reduce Duplication, Overlap and
			 Fragmentation, Achieve Savings, and Enhance Revenue (GAO–12–342SP) and
			 shall include—
				(1)a summary of the recommendations;
				(2)an explanation of
			 each recommendation contained in the report and the reasons for including such
			 recommendation;
				(3)an opinion by the Government Accountability
			 Office on whether each recommendation is consistent with the intent of such
			 Government Accountability Office reports;
				(4)a legislative
			 proposal that implements the recommendations; and
				(5)other information
			 determined appropriate by the Board.
				(b)Recommendations
			 requirements
				(1)RequirementsEach recommendation in the report submitted
			 under subsection (a)—
					(A)shall result in a
			 decrease of overall Government spending or an increase of Government revenue;
			 and
					(B)shall not result
			 in—
						(i)any cut in
			 benefits for veterans, members of the Armed Forces, or their families;
			 or
						(ii)any cut in benefits for seniors,
			 including—
							(I)the elimination of
			 guaranteed health insurance benefits for seniors or people with
			 disabilities;
							(II)the conversion of
			 Medicare into a voucher plan that provides limited payments to seniors or
			 people with disabilities to purchase health care in the private health
			 insurance market;
							(III)cuts in Medicaid
			 health insurance benefits;
							(IV)cuts in nursing
			 home care; or
							(V)privatization of
			 Social Security benefits.
							(2)Consultation
			 with other agenciesThe Board
			 shall consult regularly with the Government Accountability Office and other
			 agencies in making the recommendations required under this section.
				4.Powers of the
			 Board
			(a)HearingsThe Board may hold such hearings, sit and
			 act at such times and places, take such testimony, and receive such evidence as
			 the Board considers advisable to carry out this Act.
			(b)Obtaining
			 official dataThe Board may
			 secure directly from any department or agency information necessary to enable
			 it to carry out this section. Upon request of the Chairperson, the head of that
			 department or agency shall furnish that information to the Board on an agreed
			 upon schedule.
			(c)Postal
			 ServicesThe Board may use the United States mails in the same
			 manner and under the same conditions as other agencies of the Federal
			 Government.
			(d)GiftsThe Board may accept, use, and dispose of
			 gifts or donations of services or property.
			(e)OfficesThe Board shall maintain a principal office
			 and such field offices as it determines necessary, and may meet and exercise
			 any of its powers at any other place.
			5.Board personnel
			 matters
			(a)Compensation of
			 Members and ChairpersonEach
			 member of the Board, other than the Chairperson, shall be compensated at a rate
			 equal to the annual rate of basic pay prescribed for level III of the Executive
			 Schedule under section 5315 of title 5, United States Code. The Chairperson
			 shall be compensated at a rate equal to the daily equivalent of the annual rate
			 of basic pay prescribed for level II of the Executive Schedule under section
			 5315 of title 5, United States Code.
			(b)Travel
			 ExpensesThe members of the Board shall be allowed travel
			 expenses, including per diem in lieu of subsistence, at rates authorized for
			 employees of agencies under subchapter I of chapter 57 of title 5, United
			 States Code, while away from their homes or regular places of business in the
			 performance of services for the Board.
			(c)Staff
				(1)In
			 generalThe Chairperson may,
			 without regard to the civil service laws and regulations, appoint and terminate
			 an executive director and such other additional personnel as may be necessary
			 to enable the Board to perform its duties. The employment of an executive
			 director shall be subject to confirmation by the Board.
				(2)CompensationThe Chairperson may fix the compensation of
			 the executive director and other personnel without regard to chapter 51 and
			 subchapter III of chapter 53 of title 5, United States Code, relating to
			 classification of positions and General Schedule pay rates, except that the
			 rate of pay for the executive director and other personnel may not exceed the
			 rate payable for level V of the Executive Schedule under section 5316 of such
			 title.
				(d)Detail of
			 Government EmployeesAny Federal Government employee may be
			 detailed to the Board without reimbursement, and such detail shall be without
			 interruption or loss of civil service status or privilege.
			(e)Procurement of
			 Temporary and Intermittent ServicesThe Chairperson may procure
			 temporary and intermittent services under section 3109(b) of title 5, United
			 States Code, at rates for individuals which do not exceed the daily equivalent
			 of the annual rate of basic pay prescribed for level V of the Executive
			 Schedule under section 5316 of such title.
			6.Congressional
			 consideration of Board recommendations
			(a)Introduction
				(1)In
			 generalOn the day on which
			 the report is submitted by the Board to the Congress under section 3(a), the
			 legislative proposal (described in section 3(a)(4)) contained in the report
			 shall be introduced (by request) in the Senate by the majority leader of the
			 Senate or by Members of the Senate designated by the majority leader of the
			 Senate and shall be introduced (by request) in the House by the majority leader
			 of the House or by Members of the House designated by the majority leader of
			 the House.
				(2)Not in
			 sessionIf either House is not in session on the day on which
			 such legislative proposal is submitted, the legislative proposal shall be
			 introduced in that House, as provided in subparagraph (A), on the first day
			 thereafter on which that House is in session.
				(3)Any
			 memberIf the legislative proposal is not introduced in either
			 House within 5 days on which that House is in session after the day on which
			 the legislative proposal is submitted, then any Member of that House may
			 introduce the legislative proposal.
				(4)ReferralThe
			 legislation introduced under this subsection in the House of Representatives
			 shall be referred to the Committee on Oversight and Government Reform of the
			 House of Representatives. The legislation introduced under this subsection in
			 the Senate shall be referred to the Committee on Homeland Security and
			 Governmental Affairs of the Senate.
				(b)DischargeIf the committee to which a legislative
			 proposal described in subsection (a) is referred has not reported the bill
			 containing such proposal by the end of the 20-day period beginning on the date
			 on which the Board submits the report to Congress under section 3(a), such
			 committee shall be, at the end of such period, discharged from further
			 consideration of such bill, and such bill shall be placed on the appropriate
			 calendar of the House involved.
			(c)Expedited
			 consideration
				(1)ConsiderationOn
			 or after the third day after the date on which the committee to which such a
			 bill is referred has reported, or has been discharged (under subsection (b))
			 from further consideration of, such a bill, it is in order (even though a
			 previous motion to the same effect has been disagreed to) for any Member of the
			 respective House to move to proceed to the consideration of the bill. A member
			 may make the motion only on the day after the calendar day on which the Member
			 announces to the House concerned the Member’s intention to make the motion,
			 except that, in the case of the House of Representatives, the motion may be
			 made without such prior announcement if the motion is made by direction of the
			 committee to which the bill was referred. The motion is highly privileged in
			 the House of Representatives and is privileged in the Senate and is not
			 debatable. The motion is not subject to amendment, or to a motion to postpone,
			 or to a motion to proceed to the consideration of other business. A motion to
			 reconsider the vote by which the motion is agreed to or disagreed to shall not
			 be in order. If a motion to proceed to the consideration of the bill is agreed
			 to, the respective House shall immediately proceed to consideration of the bill
			 without intervening motion, order, or other business, and the bill shall remain
			 the unfinished business of the respective House until disposed of.
				(2)DebateDebate
			 on the bill, and on all debatable motions and appeals in connection therewith,
			 shall be limited to not more than 2 hours, which shall be divided equally
			 between those favoring and those opposing the bill. An amendment to the bill is
			 not in order. A motion further to limit debate is in order and not debatable. A
			 motion to postpone, or a motion to proceed to the consideration of other
			 business, or a motion to recommit the bill is not in order. A motion to
			 reconsider the vote by which the bill is agreed to or disagreed to is not in
			 order.
				(3)Vote on final
			 passageImmediately following the conclusion of the debate on the
			 bill and a single quorum call at the conclusion of the debate if requested in
			 accordance with the rules of the appropriate House, the vote on final passage
			 of the bill shall occur.
				(4)AppealsAppeals
			 from the decisions of the Chair relating to the application of the rules of the
			 Senate or the House of Representatives, as the case may be, to the procedure
			 relating to the bill shall be decided without debate.
				(d)Consideration by
			 other House
				(1)Before
			 passageIf, before the passage by one House of a bill of that
			 House described in subsection (b), that House receives from the other House a
			 bill described in subsection (b), then the following procedures shall
			 apply—
					(A)the bill of the
			 other House shall not be referred to a committee and may not be considered in
			 the House receiving it except in the case of final passage as provided in
			 subparagraph (B)(ii); and
					(B)with respect to a
			 bill described in subsection (b) of the House receiving the bill (i) the
			 procedure in that House shall be the same as if no bill had been received from
			 the other House; but (ii) the vote on final passage shall be on the bill of the
			 other House.
					(2)After
			 passageUpon disposition of the bill received from the other
			 House, it shall no longer be in order to consider the bill that originated in
			 the receiving House.
				(e)Rules of the
			 Senate and HouseThis section is enacted by Congress—
				(1)as an exercise of
			 the rulemaking power of the Senate and House of Representatives, respectively,
			 and as such it is deemed a part of the rules of each House, respectively, but
			 applicable only with respect to the procedure to be followed in that House in
			 the case of a bill described in subsection (b), and it supersedes other rules
			 only to the extent that it is inconsistent with such rules; and
				(2)with full
			 recognition of the constitutional right of either House to change the rules (so
			 far as relating to the procedure of that House) at any time, in the same
			 manner, and to the same extent as in the case of any other rule of that
			 House.
				(f)Calendar day
			 definedIn this section, the term calendar day means
			 a calendar day other than one on which either House is not in session because
			 of an adjournment of more than three days to a date certain.
			7.Termination of
			 the BoardThe Board shall
			 terminate 120 days after the date on which the Board submits the report under
			 section 3(a).


117 HR 1339 IH: Advanced Air Mobility Coordination and Leadership Act
U.S. House of Representatives
2021-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1339IN THE HOUSE OF REPRESENTATIVESFebruary 25, 2021Ms. Davids of Kansas (for herself and Mr. Graves of Louisiana) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo require the Secretary of Transportation to establish an advanced air mobility interagency working group, and for other purposes.1.Short titleThis Act may be cited as the Advanced Air Mobility Coordination and Leadership Act.2.Advanced air mobility working group(a)Working groupNot later than 120 days after the date of enactment of this Act, the Secretary of Transportation shall establish an advanced air mobility (AAM) interagency working group (referred to as the working group in this section).(b)PurposeThe purpose of the working group established under subsection (a) shall be to plan and coordinate efforts related to the safety, infrastructure, physical security, cybersecurity, and Federal investment necessary for maturation of the AAM ecosystem in the United States. It is critical that Government agencies collaborate in order to enhance United States leadership, develop new transportation options, amplify economic activity and jobs, advance environmental sustainability and new technologies, and support emergency preparedness and competitiveness.(c)MembershipNot later than 60 days after the establishment of the working group under subsection (a), the Secretary of Transportation shall—(1)appoint the Under Secretary of Transportation for Policy to chair the working group;(2)designate not less than one additional representative to participate on the working group from each of—(A)the Department of Transportation; and(B)the Federal Aviation Administration; and(3)invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the working group, including—(A)the National Aeronautics and Space Administration;(B)the Department of Defense;(C)the Department of Energy;(D)the Department of Homeland Security;(E)the Department of Commerce; and(F)such other departments or agencies as the Secretary determines appropriate.(d)CoordinationThe working group shall coordinate with aviation industry and labor stakeholders, and others determined appropriate by the Secretary of Transportation, including the following:(1)Manufacturers of AAM aircraft, avionics, propulsion systems, and traffic management systems.(2)Operators of AAM aircraft.(3)Air carriers and general aviation operators.(4)Airports and fixed-based operators.(5)Training and maintenance providers.(6)Labor representatives of pilots, air traffic controllers, and aviation safety inspectors.(7)State, local, and Tribal officials or public agencies.(8)First responders.(9)Groups representing environmental interests.(10)Electric utilities, energy providers and market operators.(e)Review and examinationNot later than (1) year after establishment of the working group under subsection (a), the working group shall complete a review and examination of, at a minimum—(1)steps that will mature AAM aircraft operations and concepts beyond initial operations;(2)safety requirements and physical and cybersecurity involved with future air traffic management concepts which may be considered as part of the evolution of AAM to higher levels of traffic density;(3)current Federal programs and policies that may be leveraged to advance the maturation of the AAM industry;(4)infrastructure, including aviation, multimodal, and utility infrastructure, necessary to accommodate and support expanded operations of AAM after initial implementation;(5)anticipated benefits associated with AAM aircraft operations, including economic, environmental, emergency and natural disaster response, and transportation benefits; and(6)other factors that may limit the full potential of the AAM industry including community acceptance of AAM operations.(f)Plan and recommendationsBased on the review and examination performed under subsection (e), the working group shall develop—(1)recommendations regarding the safety, security, infrastructure, and other Federal investment or actions necessary to support the evolution of early AAM to higher levels of activity and societal benefit; and(2)a comprehensive plan detailing the roles and responsibilities of each Federal department or agency to facilitate or implement the recommendations in paragraph (1).(g)ReportNot later than 180 days after the completion of the review and examination completed under subsection (e), the Chair of the working group shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—(1)details the review and examination performed under subsection (e); and(2)provides the plan and recommendations developed under subsection (f).(h)DefinitionsIn this Act, the following definitions apply:(1)Advanced Air Mobility; AAMThe term Advanced Air Mobility or AAM means an air transportation system that moves people and cargo between places using new aircraft designs including electric aircraft and electric vertical take-off and landing aircraft (eVTOL), which are integrated into existing airspace operations as well as operated in local, regional, intraregional, rural, and urban environments.(2)Electric AircraftThe term Electric Aircraft means a fixed-wing airplane, rotorcraft or VTOL aircraft with a fully electric or hybrid (fuel and electric) driven propulsion system used for flight.(3)Fixed-based operatorThe term fixed-based operator means an aircraft service organization which operates under a lease or use agreement with an airport sponsor or operator for the specific purpose of providing fueling, ground handling, and recharging services as well as aircraft maintenance and storage.(4)Vertical Take-off and LandingThe term Vertical Take-off and Landing (VTOL) means an aircraft with lift/thrust units used to generate powered lift and control and with more than two lift/thrust units used to provide lift during vertical take-off or landing.


I
108th CONGRESS 2d Session
H. R. 4833
IN THE HOUSE OF REPRESENTATIVES

July 14, 2004
Mr. John introduced the following bill; which was referred to the Committee on Education and the Workforce

A BILL
To direct the Secretary of Education to extend the same level of increased flexibility to all rural local educational agencies under part A of title I of the Elementary and Secondary Education Act of 1965.

1.Short titleThis Act may be cited as the Rural Education Equity Act of 2004.
2.Increased flexibility for rural local educational agencies
(a)In generalIf the Secretary of Education takes any action (whether by regulation, guidance, or otherwise) to authorize increased flexibility for any category of rural local educational agencies, the Secretary shall extend the same level of increased flexibility to all rural local educational agencies.
(b)DefinitionsIn this section:
(1)Increased flexibilityThe term increased flexibility means increased flexibility under, or facilitated compliance with, part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).
(2)Rural local educational agencyThe term rural local educational agency includes any local educational agency described in section 6211(b) or section 6221(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7345(b), 7351(b)(1)).
(c)ApplicationThis section applies to any action described in subsection (a) that occurs on or after January 8, 2002 (the date of the enactment of the No Child Left Behind Act of 2001 (Public Law 107–110)).


113 HR 2877 IH: To prevent certain discriminatory taxation of natural gas pipeline property.
U.S. House of Representatives
2013-07-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 2877
		IN THE HOUSE OF REPRESENTATIVES

			July 31, 2013
			Mr. Flores (for
			 himself, Mr. Gene Green of Texas,
			 Mr. Marino,
			 Mr. Cuellar,
			 Mr. Olson, and
			 Mr. Michaud) introduced the following
			 bill; which was referred to the Committee
			 on the Judiciary

		A BILL
		To prevent certain discriminatory taxation of natural gas
		  pipeline property.

		1.Limitation on discriminatory
			 taxation of natural gas pipeline property
			(a)DefinitionsFor
			 purposes of section:
				(1)AssessmentThe
			 term assessment means valuation for a property tax levied by a
			 taxing authority.
				(2)Assessment
			 jurisdictionThe term assessment jurisdiction means
			 a geographical area used in determining the assessed value of property for ad
			 valorem taxation.
				(3)Commercial and
			 industrial propertyThe term commercial and industrial
			 property means property (excluding natural gas pipeline property, public
			 utility property, and land used primarily for agricultural purposes or timber
			 growth) devoted to commercial or industrial use and subject to a property tax
			 levy.
				(4)Natural gas
			 pipeline propertyThe term natural gas pipeline
			 property means all property, real, personal, and intangible, owned or
			 used by a natural gas pipeline providing transportation or storage of natural
			 gas, subject to the jurisdiction of the Federal Energy Regulatory
			 Commission.
				(5)Public utility
			 propertyThe term public utility property means
			 property (excluding natural gas pipeline property) that is devoted to public
			 service and is owned or used by any entity that performs a public service and
			 is regulated by any governmental agency.
				(b)Discriminatory
			 ActsThe acts specified in this subsection unreasonably burden
			 and discriminate against interstate commerce. A State, subdivision of a State,
			 authority acting for a State or subdivision of a State, or any other taxing
			 authority (including a taxing jurisdiction and a taxing district) may not do
			 any of the following such acts:
				(1)Assess natural gas
			 pipeline property at a value that has a higher ratio to the true market value
			 of the natural gas pipeline property than the ratio that the assessed value of
			 other commercial and industrial property in the same assessment jurisdiction
			 has to the true market value of the other commercial and industrial
			 property.
				(2)Levy or collect a
			 tax on an assessment that may not be made under paragraph (1).
				(3)Levy or collect an
			 ad valorem property tax on natural gas pipeline property at a tax rate that
			 exceeds the tax rate applicable to commercial and industrial property in the
			 same assessment jurisdiction.
				(4)Impose any other
			 tax that discriminates against a natural gas pipeline providing transportation
			 subject to the jurisdiction of the Federal Energy Regulatory Commission.
				2.Jurisdiction of
			 courts; relief
			(a)Grant of
			 JurisdictionNotwithstanding section 1341 of title 28, United
			 States Code, and notions of comity, and without regard to the amount in
			 controversy or citizenship of the parties, the district courts of the United
			 States shall have jurisdiction, concurrent with other jurisdiction of the
			 courts of the United States, of States, and of all other taxing authorities and
			 taxing jurisdictions, to prevent a violation of section 1.
			(b)ReliefExcept
			 as otherwise provided in this subsection, relief may be granted under this Act
			 only if the ratio of assessed value to true market value of natural gas
			 pipeline property exceeds by at least 5 percent the ratio of assessed value to
			 true market value of other commercial and industrial property in the same
			 assessment jurisdiction. If the ratio of the assessed value of other commercial
			 and industrial property in the assessment jurisdiction to the true market value
			 of all other commercial and industrial property cannot be determined to the
			 satisfaction of the court through the random-sampling method known as a sales
			 assessment ratio study (to be carried out under statistical principles
			 applicable to such a study), each of the following shall be a violation of
			 section 1 for which relief under this Act may be granted:
				(1)An assessment of
			 the natural gas pipeline property at a value that has a higher ratio of
			 assessed value to the true market value of the natural gas pipeline property
			 than the ratio of the assessed value of all other property (excluding public
			 utility property) subject to a property tax levy in the assessment jurisdiction
			 has to the true market value of all other property (excluding public utility
			 property).
				(2)The collection of
			 an ad valorem property tax on the natural gas pipeline property at a tax rate
			 that exceeds the tax rate applicable to all other taxable property (excluding
			 public utility property) in the taxing jurisdiction.


 HCON 85 ENR: Providing for a correction in the enrollment of H.R. 2266.
U.S. House of Representatives
2017-10-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
One Hundred Fifteenth Congress of the United States of America
At the First SessionBegun and held at the City of Washington on Tuesday, the third day of January, two thousand and seventeen
H. CON. RES. 85

October 25, 2017
Agreed to

CONCURRENT RESOLUTION
Providing for a correction in the enrollment of H.R. 2266.

That in the enrollment of the bill H.R. 2266, the Clerk of the House of Representatives shall make the following correction: Amend the long title so as to read: Making additional supplemental appropriations for disaster relief requirements for the fiscal year ending September 30, 2018, and for other purposes..   Clerk of the House of Representatives.Secretary of the Senate.


110 HR 2867 IH: Independence Prize Act of

U.S. House of Representatives
2007-06-26
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.

		I
		110th CONGRESS
		1st Session
		H. R. 2867
		IN THE HOUSE OF REPRESENTATIVES

			June 26, 2007
			Mr. McHenry
			 introduced the following bill; which was referred to the
			 Committee on Science and
			 Technology

		A BILL
		To authorize the Secretary of Energy to establish a
		  program for making prizes for advanced or transformational technologies for the
		  production, consumption, and distribution of nonpetroleum-based alternative
		  energy and energy efficiency.

		1.Short titleThis Act may be cited as the
			 Independence Prize Act of
			 2007.
		2.FindingsThe Congress finds that—
			(1)it is critical to eliminate the United
			 States' dependence on foreign sources of oil;
			(2)the United States
			 imports 58 percent of the total oil requirements of the United States, 41
			 percent of which comes from countries belonging to the Organization of
			 Petroleum Exporting Countries, including Iran, Venezuela, and Libya; and
			(3)American taxpayers
			 have funded over $20,000,000,000 of research and development in the areas of
			 energy and renewable energy programs, nuclear energy, and science in the last 5
			 fiscal years.
			3.Establishment of
			 programThe Secretary of
			 Energy shall establish a program for awarding prizes to United States' entities
			 for research, development, and commercialization of advanced or
			 transformational technologies for the production, consumption, and distribution
			 of nonpetroleum-based alternative energy and energy efficiency, with the goal
			 of eliminating the United States' reliance on foreign sources of energy.
		4.Prize competition
			 guidelinesThe Secretary, in
			 consultation with the advisory committee established under section 5, shall
			 publish guidelines for advertising prize competitions and their results,
			 determining the amount of each prize, selecting the winners of prize
			 competitions, and otherwise administering prize competitions under this
			 Act.
		5.Advisory
			 committee
			(a)In
			 generalThe Secretary shall
			 establish an advisory committee, consisting of experts on the subjects for
			 which prizes may be awarded under this Act. The advisory committee shall advise
			 the Secretary on designing the program, establishing the guidelines required
			 under section 4, selecting the winners of prize competitions, and otherwise
			 administering this Act.
			(b)LimitationsMembers
			 of the advisory committee may not—
				(1)have personal or
			 financial interests in, or be an employee, officer, director, or agent of, any
			 entity that is a participant in a prize competition under this Act; or
				(2)have a familial or
			 financial relationship with an individual who is a participant in a prize
			 competition under this Act.
				6.Disclosure of
			 informationThe Secretary
			 shall design the program under this Act to prevent the unauthorized use or
			 disclosure of a prize competition participant’s intellectual property, trade
			 secrets, and confidential business information.
		7.FundingThere are authorized to be appropriated to
			 the Secretary for carrying out this Act $250,000,000 for each of the fiscal
			 years 2008 through 2011.


116 HR 80 IH: Phoenix VA Congressional Oversight Act
U.S. House of Representatives
2019-01-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 80IN THE HOUSE OF REPRESENTATIVESJanuary 3, 2019Mr. Biggs (for himself, Mr. Grijalva, Mr. Gosar, Mrs. Kirkpatrick, and Mrs. Lesko) introduced the following bill; which was referred to the Committee on Veterans' AffairsA BILLTo direct the Secretary of Veterans Affairs to carry out a pilot program to improve the ability of
			 Members of Congress to assist constituents with respect to benefits for
			 veterans.

 1.Short titleThis Act may be cited as the Phoenix VA Congressional Oversight Act. 2.Pilot program to improve constituent services (a)Pilot programThe Secretary of Veterans Affairs shall carry out a pilot program to improve the ability of Members of Congress to assist constituents pursuant to subsections (b) and (c).
 (b)Congressional Relations TeamIn carrying out the pilot program under subsection (a), the Secretary shall establish a dedicated congressional relations team at the location specified in subsection (d). Such team shall consist of employees of the Department of Veterans Affairs whose only duties relate to assisting Members and committees of Congress with respect to casework issues at each health care system of the Department in such location.
 (c)Use of spaceUpon request of any Member of Congress from the State of the location specified in subsection (d), the Secretary shall authorize the Member to use a facility of the Department at such location for the purposes of meeting with constituents of the Member.
 (d)LocationThe Secretary shall carry out the pilot program in Arizona, including at the Phoenix health care system of the Department.
 (e)ReportNot later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the pilot program under subsection (a), including whether the Secretary recommends expanding such pilot program.


114 S1284 IS: To clarify the treatment of carbon emissions from forest biomass, and for other purposes.
U.S. Senate
2015-05-11
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.

		II
		114th CONGRESS1st Session
		S. 1284
		IN THE SENATE OF THE UNITED STATES

			May 11, 2015
			Mr. King introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To clarify the treatment of carbon emissions from forest biomass, and for other purposes.

 1.Carbon emissions from forest biomassIn taking an action regarding air emissions from an energy source or facility that uses forest biomass, the Administrator of the Environmental Protection Agency shall assume that forest biomass emissions do not increase overall carbon accumulations in the atmosphere if—
 (1)a Forest Inventory and Analysis of the Department of Agriculture that is current at the time the action is taken shows that forest carbon stocks in the United States are stable or increasing; or
 (2)the forest biomass is derived from mill residuals, harvest residuals, or forest management activities.


114 HR 579 IH: THRIFT Act of 2015
U.S. House of Representatives
2015-01-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 579
IN THE HOUSE OF REPRESENTATIVES

January 28, 2015
Mr. Webster of Florida introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To provide for incentives for agencies and the judiciary to increase operating efficiency.

1.Short titleThis Act may be cited as the To Help Reduce Inefficient Federal Tendencies Act of 2015 or as the THRIFT Act of 2015. 2.Agency incentive and savings program (a)PurposeIn order to provide an incentive for agencies and the judicial branch to re-engineer business processes and otherwise increase operating efficiency, it is the intent of the Congress to allow agencies and the judicial branch to retain a portion of the savings produced by internally generated agency or judicial branch program efficiencies and cost reductions.
(b)Retention of fundsTo be eligible to retain funds, an agency or the Chief Justice of the Supreme Court must submit a plan and an associated request to amend its approved operating budget to the committees of Congress having jurisdiction over appropriations specifying— (1)the modifications to approved programs resulting in efficiencies and cost savings;
(2)the amount and source of the funds and positions saved; (3)the specific positions, rate, amounts, and sources of funds the agency or the judicial branch wishes to include in its incentive expenditures;
(4)how the agency or the judicial branch will meet the goals and objectives established in its strategic plans; (5)how the agency or the judicial branch will meet performance standards, including those in its performance plans; and
(6)any other incentive expenditures which the agency or the judicial branch believes will enhance its performance. (c)Submission to CongressAll plans and budget amendments submitted to the committees of Congress having jurisdiction over appropriations pursuant to this section shall be delivered at least 30 days prior to the date of the committee meetings at which the request will be considered.
(d)DeterminationIn determining the amount the agency or the judicial branch will be allowed to retain, the committees shall consider the actual savings projected for the current budget year and the annualized savings. (e)Amount of funding retainedThe amount to be retained by the agency or the judicial branch shall be no less than 5 percent and no more than 25 percent of the annual savings and may be used by the agency or the judicial branch for salary increases, including awards authorized in section 4512 of title 5, United States Code, or other expenditures specified in the agency’s or the judicial branch’s plan if the salary increases or other expenditures do not create a recurring cost to the Treasury in excess of the recurring savings achieved by the agency or the judicial branch in the plan.
(f)Submission of budget requestEach agency or judicial branch allowed to retain funds pursuant to this section shall submit in its next budget request a schedule showing how it used such funds.


117 HRES 173 IH: Expressing support for designation of the week beginning February 28, 2021, as “National Tribal Colleges and Universities Week”.
U.S. House of Representatives
2021-02-26
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.

IV117th CONGRESS1st SessionH. RES. 173IN THE HOUSE OF REPRESENTATIVESFebruary 26, 2021Mr. O'Halleran (for himself, Mr. Young, Mr. Grijalva, Mr. Kilmer, Mrs. Radewagen, Mr. Joyce of Ohio, Ms. Strickland, Mr. Larsen of Washington, Ms. DelBene, Mr. Gallego, Mr. Moolenaar, Mr. Armstrong, Mr. Kildee, Mr. Bergman, Mrs. Kirkpatrick, Mr. Stauber, Ms. Bass, Mr. Tiffany, Mrs. Fischbach, Mr. Johnson of South Dakota, Mr. Hastings, Ms. McCollum, Mrs. Torres of California, Mr. Schweikert, Mr. Cole, and Ms. Leger Fernandez) submitted the following resolution; which was referred to the Committee on Oversight and ReformRESOLUTIONExpressing support for designation of the week beginning February 28, 2021, as National Tribal Colleges and Universities Week.Whereas there are 37 Tribal Colleges and Universities operating on more than 75 campuses in 16 States;Whereas Tribal Colleges and Universities are tribally chartered or federally chartered institutions of higher education and therefore have a unique relationship with the Federal Government;Whereas Tribal Colleges and Universities serve students from more than 230 federally recognized Indian Tribes;Whereas Tribal Colleges and Universities offer students access to knowledge and skills grounded in cultural traditions and values, including indigenous languages, which—(1)enhances Indian communities; and(2)enriches the United States as a Nation;Whereas Tribal Colleges and Universities provide access to high-quality postsecondary educational opportunities for—(1)American Indians;(2)Alaska Natives; and(3)other individuals that live in some of the most isolated and economically depressed areas in the United States;Whereas Tribal Colleges and Universities are accredited institutions of higher education that prepare students to succeed in the global and highly competitive workforce;Whereas Tribal Colleges and Universities have open enrollment policies, and approximately 15 percent of the students at Tribal Colleges and Universities are non-Indian individuals; andWhereas the collective mission and the considerable achievements of Tribal Colleges and Universities deserve national recognition: Now, therefore, be itThat the House of Representatives—(1)supports the designation of National Tribal Colleges and Universities Week; and(2)calls on the people of the United States and interested groups to observe National Tribal Colleges and Universities Week with appropriate activities and programs to demonstrate support for Tribal Colleges and Universities.


116 HR 3227 IH: Securing Energy for our Armed Forces Using Engineering Leadership Act of 2019
U.S. House of Representatives
2019-06-12
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3227IN THE HOUSE OF REPRESENTATIVESJune 12, 2019Mr. Beyer (for himself, Mr. Schweikert, and Mr. Brown of Maryland) introduced the following bill; which was referred to the Committee on Armed ServicesA BILLTo require the Secretary of Defense to carry out the Direct Air Capture and Blue Carbon Removal Technology Program, and for other purposes.
1.Short titleThis Act may be cited as the Securing Energy for our Armed Forces Using Engineering Leadership Act of 2019 or the SEA FUEL Act of 2019. 2.Direct Air Capture and Blue Carbon Removal Technology Program (a)Program required (1)In generalThe Secretary of Defense, in coordination with the Secretary of Homeland Security, the Secretary of Energy, and the heads of such other Federal agencies as the Secretary of Defense considers appropriate, shall carry out a program on research, development, testing, evaluation, study, and demonstration of technologies related to blue carbon capture and direct air capture.
(2)Program goalsThe goals of the program established under paragraph (1) are as follows: (A)To develop technologies that capture carbon dioxide from seawater and the air to turn such carbon dioxide into clean fuels to enhance fuel and energy security.
(B)To develop and demonstrate technologies that capture carbon dioxide from seawater and the air to reuse such carbon dioxide to create products for military uses. (C)To develop direct air capture technologies for use—
(i)at military installations or facilities of the Department of Defense; or (ii)in modes of transportation by the Navy or the Coast Guard.
(3)PhasesThe program established under paragraph (1) shall be carried out in two phases as follows: (A)The first phase shall consist of research and development and shall be carried out as described in subsection (b).
(B)The second phase shall consist of testing and evaluation and shall be carried out as described in subsection (c), if the Secretary determines that the results of the research and development phase justify implementing the testing and evaluation phase. (4)DesignationThe program established under paragraph (1) shall be known as the Direct Air Capture and Blue Carbon Removal Technology Program (in this section referred to as the Program).
(b)Research and development phase
(1)In generalDuring the research and development phase of the Program, the Secretary of Defense shall conduct research and development in pursuit of the goals set forth in subsection (a)(2). (2)Direct air captureThe research and development phase of the Program may include, with respect to direct air capture, a front end engineering and design study that includes an evaluation of direct air capture designs to produce fuel for use—
(A)at military installations or facilities of the Department of Defense; or (B)in modes of transportation by the Navy or the Coast Guard.
(3)DurationThe Secretary shall carry out the research and development phase of the Program during a four-year period commencing not later than 90 days after the date of the enactment of this Act. (4)Grants authorizedThe Secretary may carry out the research and development phase of the Program through the award of grants to private entities and eligible laboratories.
(5)Report requiredNot later than 180 days after the date of the completion of the research and development phase of the Program, the Secretary shall submit to Congress a report on the research and development carried out under the Program. (6)Authorization of appropriationsThere are authorized to be appropriated to carry out the research and development phase of the Program—
(A)$8,000,000 for fiscal year 2020; and (B)$10,000,000 for each of fiscal years 2021 through 2023.
(c)Testing and evaluation phase
(1)In generalDuring the testing and evaluation phase of the Program, the Secretary shall, in pursuit of the goals set forth in subsection (a)(2), conduct tests and evaluations of the technologies researched and developed during the research and development phase of the Program. (2)Direct air captureThe testing and evaluation phase of the Program may include demonstration projects for direct air capture to produce fuel for use—
(A)at military installations or facilities of the Department of Defense; or (B)in modes of transportation by the Navy or the Coast Guard.
(3)DurationSubject to subsection (a)(3)(B), the Secretary shall carry out the testing and evaluation phase of the Program during the three-year period commencing on the date of the completion of the research and development phase described in subsection (b), except that the testing and evaluation phase of the Program with respect to direct air capture may commence at such time after a front end engineering and design study demonstrates to the Secretary that commencement of such phase is appropriate. (4)Grants authorizedThe Secretary may carry out the testing and evaluation phase of the Program through the award of grants to private entities and eligible laboratories.
(5)LocationsThe Secretary shall carry out the testing and evaluation phase of the Program at military installations or facilities of the Department of Defense. (6)Report requiredNot later than September 30, 2026, the Secretary shall submit to Congress a report on the findings of the Secretary with respect to the effectiveness of the technologies tested and evaluated under the Program.
(7)Authorization of appropriationsThere is authorized to be appropriated to carry out the testing and evaluation phase of the Program $15,000,000 for each of fiscal years 2024 through 2026. (d)DefinitionsIn this section:
(1)Blue carbon captureThe term blue carbon capture means the removal of dissolved carbon dioxide from seawater through engineered or inorganic processes, including filters, membranes, or phase change systems. (2)Direct air capture (A)In generalThe term direct air capture, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
(B)ExclusionThe term direct air capture does not include any facility, technology, or system that captures carbon dioxide— (i)that is deliberately released from a naturally occurring subsurface spring; or
(ii)using natural photosynthesis. (3)Eligible laboratoryThe term eligible laboratory means—
(A)a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); or (B)a laboratory of the Department of Defense.


I
108th CONGRESS 2d Session
H. R. 4888
IN THE HOUSE OF REPRESENTATIVES

July 21, 2004
Ms. Roybal-Allard (for herself, Mr. Wolf, Mr. Osborne, Ms. DeLauro, and Mr. Wamp) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL
To provide for programs and activities with respect to the prevention of underage drinking.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Sober Truth on Preventing Underage Drinking Act, or the STOP Underage Drinking Act.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title; table of contents
Sec. 2. Findings
Sec. 3. Definitions
Title I—Sense of Congress
Sec. 101. Sense of Congress
Title II—Interagency coordinating committee; annual report card
Sec. 201. Establishment of interagency coordinating committee to prevent underage drinking
Sec. 202. Annual report card
Sec. 203. Authorization of appropriations
Title III—National media campaign
Sec. 301. National media campaign to prevent underage drinking
Title IV—Interventions
Sec. 401. Community-based coalition enhancement grants to prevent underage drinking
Sec. 402. Grants directed at reducing higher-education alcohol abuse
Title V—Additional research
Sec. 501. Additional research on underage drinking
Sec. 502. Authorization of appropriations
2.FindingsThe Congress finds as follows:
(1)Drinking alcohol under the age of 21 is illegal in each of the 50 States and the District of Columbia. Enforcement of current laws and regulations in States and communities, such as minimum age drinking laws, zero tolerance laws, and laws and regulations which restrict availability of alcohol, must supplement other efforts to reduce underage drinking.
(2)Data collected annually by the Department of Health and Human Services shows that alcohol is the most heavily used drug by children in the United States, and that—
(A)more youths consume alcoholic beverages than use tobacco products or illegal drugs;
(B)by the end of the eighth grade, 45.6 percent of children have engaged in alcohol use, and by the end of high school, 76.6 percent have done so; and
(C)the annual societal cost of underage drinking is estimated at $53 to $58 billion.
(3)Data collected by the Department of Health and Human Services and the Department of Transportation indicate that alcohol use by youth has many negative consequences, such as immediate risk from acute impairment; traffic fatalities; violence; suicide; and unprotected sex.
(4)Research confirms that the harm caused by underage drinking lasts beyond the underage years. Compared to persons who wait until age 21 or older to start drinking, those who start to drink before age 14 are, as adults, four times more likely to become alcohol dependent; seven times more likely to be in a motor vehicle crash because of drinking; and more likely to suffer mental and physical damage from alcohol abuse.
(5) Alcohol abuse creates long-term risk developmentally and is associated with negative physical impacts on the brain.
(6)Research indicates that adults greatly underestimate the extent of alcohol use by youths, its negative consequences, and its use by their own children. The IOM report concluded that underage drinking cannot be successfully addressed by focusing on youth alone. Ultimately, adults are responsible for young people obtaining alcohol by selling, providing, or otherwise making it available to them. Parents are the most important channel of influence on their children’s underage drinking, according to the IOM report, which also recommends a national adult-oriented media campaign.
(7)Research shows that public service health messages, in combination with community-based efforts, can reduce health-damaging behavior. The Department of Health and Human Services and the Ad Council have undertaken a public health campaign targeted at parents to combat underage alcohol consumption. The Ad Council estimates that, for a typical public health campaign, it receives an average of $28 million per year in free media through its 28,000 media outlets nationwide.
(8)A significant percentage of the total alcohol consumption in the United States each year is by underage youth. The Substance Abuse and Mental Health Services Administration reports that the percentage is over 11 percent.
(9)Youth are exposed to a significant amount of alcohol advertising through a variety of media. Some studies indicate that youth awareness of alcohol advertising correlates to their drinking behavior and beliefs.
(10)According to the Center on Alcohol Marketing and Youth, in 2002, the alcoholic beverage industry spent $990.2 million on product advertising on television, and $10 million on television advertising designed to promote the responsible use of alcohol. For every one television ad discouraging underage alcohol use, there were 609 product ads.
(11)Alcohol use occurs in 76 percent of movies rated G or PG and 97 percent of movies rated PG-13. The Federal Trade Commission has recommended restricting paid alcohol beverage promotional placements to films rated R or NC-17.
(12)Youth spend 9 to 11 hours per week listening to music, and 17 percent of all lyrics contain alcohol references; 30 percent of those songs include brand-name mentions.
(13)Studies show that adolescents watch 20 to 27 hours of television each week, and 71 percent of prime-time television episodes depict alcohol use and 77 percent contain some reference to alcohol.
(14)College and university presidents have cited alcohol abuse as the number one health problem on college and university campuses.
(15)According to the National Institute on Alcohol Abuse and Alcoholism, two of five college students are binge drinkers; 1,400 college students die each year from alcohol-related injuries, a majority of which involve motor vehicle crashes; more than 70,000 students are victims of alcohol-related sexual assault; and 500,000 students are injured under the influence of alcohol each year.
(16)According to the Center on Alcohol Marketing and Youth, in 2002, alcohol producers spent a total of $58 million to place 6,251 commercials in college sports programs, and spent $27.7 million advertising during the NCAA men’s basketball tournament, which had as many alcohol ads (939) as the Super Bowl, World Series, College Bowl Games and the National Football League’s Monday Night Football broadcasts combined (925).
(17)The IOM report recommended that colleges and universities ban alcohol advertising and promotion on campus in order to demonstrate their commitment to discouraging alcohol use among underage students.
(18)According to the Government Accountability Office (GAO), the Federal Government spends $1.8 billion annually to combat youth drug use and $71 million to prevent underage alcohol use.
(19)The GAO concluded that there is a lack of reporting about how these funds are specifically expended, inadequate collaboration among the agencies, and no central coordinating group or office to oversee how the funds are expended or to determine the effectiveness of these efforts.
(20)There are at least three major, annual, government funded national surveys in the United States that include underage drinking data: the National Household Survey on Drug Use and Health, Monitoring the Future, and the Youth Risk Behavior Survey. These surveys do not use common indicators to allow for direct comparison of youth alcohol consumption patterns. Analyses of recent years’ data do, however, show similar results.
(21)Research shows that school-based and community-based interventions can reduce underage drinking and associated problems, and that positive outcomes can be achieved by combining environmental and institutional change with theory-based health education—a comprehensive, community-based approach.
(22)Studies show that a minority of youth who need treatment for their alcohol problems receive such services. Further, insufficient information exists to properly assist clinicians and other providers in their youth treatment efforts.
3.DefinitionsFor purposes of this Act:
(1)The term binge drinking means a pattern of drinking alcohol that brings blood alcohol concentration (BAC) to 0.08 gm percent or above. For the typical adult, this pattern corresponds to consuming 5 or more drinks (male), or 4 or more drinks (female), in about 2 hours.
(2)The term heavy drinking means five or more drinks on the same occasion in the past 30 days.
(3)The term frequent heavy drinking means five or more drinks on at least five occasions in the last 30 days.
(4)The term alcoholic beverage industry means the brewers, vintners, distillers, importers, distributors, and retail outlets that sell and serve beer, wine, and distilled spirits.
(5)The term school-based prevention means programs, which are institutionalized, and run by staff members or school-designated persons or organizations in every grade of school, kindergarten through 12th grade.
(6)The term youth means persons under the age of 21.
(7)The term IOM report means the report released in September 2003 by the National Research Council, Institute of Medicine, and entitled Reducing Underage Drinking: A Collective Responsibility.
ISense of Congress
101.Sense of CongressIt is the sense of the Congress that:
(1)A multi-faceted effort is needed to more successfully address the problem of underage drinking in the United States. A coordinated approach to prevention, intervention, treatment, and research is key to making progress. This Act recognizes the need for a focused national effort, and addresses particulars of the Federal portion of that effort.
(2)States and communities, including colleges and universities, are encouraged to adopt comprehensive prevention approaches, including—
(A)evidence-based screening, programs and curricula;
(B)brief intervention strategies;
(C)consistent policy enforcement; and
(D)environmental changes that limit underage access to alcohol.
(3)Public health and consumer groups have played an important role in drawing the Nation’s attention to the health crisis of underage drinking. Working at the Federal, State, and community levels, and motivated by grass-roots support, they have initiated effective prevention programs that have made significant progress in the battle against underage drinking.
(4)The alcohol beverage industry has developed and paid for national education and awareness messages on illegal underage drinking directed to parents as well as consumers generally. According to the industry, it has also supported the training of more than 1.6 million retail employees, community-based prevention programs, point of sale education, and enforcement programs. All of these efforts are aimed at further reducing illegal underage drinking and preventing sales of alcohol to persons under the age of 21. All sectors of the alcohol beverage industry have also voluntarily committed to placing advertisements in broadcasts and magazines where at least 70 percent of the audiences are expected to be 21 years of age or older. The industry should continue to monitor and tailor its advertising practices to further limit underage exposure, including the use of independent third party review. The industry should continue and expand evidence-based efforts to prevent underage drinking.
(5)Public health and consumer groups, in collaboration with the alcohol beverage industry, should explore opportunities to reduce underage drinking.
(6)The entertainment industries have a powerful impact on youth, and they should use rating systems and marketing codes to reduce the likelihood that underage audiences will be exposed to movies, recordings, or television programs with unsuitable alcohol content, even if adults are expected to predominate in the viewing or listening audiences.
(7)Objective scientific evidence and data should be generated and made available to the general public and policy makers at the local, state, and national levels to help them make informed decisions, implement judicious policies, and monitor progress in preventing childhood/adolescent alcohol use.
(8)The National Collegiate Athletic Association, its member colleges and universities, and athletic conferences should affirm a commitment to a policy of discouraging alcohol use among underage students and other young fans by ending all alcohol advertising during radio and television broadcasts of collegiate sporting events.
IIInteragency coordinating committee; annual report card
201.Establishment of interagency coordinating committee to prevent underage drinking
(a)In generalThe Secretary of Health and Human Services, in collaboration with the Federal officials specified in subsection (b), shall establish an interagency coordinating committee focusing on underage drinking (referred to in this section as the Committee).
(b)Other agenciesThe officials referred to in subsection (a) are the Secretary of Education, the Attorney General, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Defense, the Surgeon General, the Director of the Centers for Disease Control and Prevention, the Director of the National Institute on Alcohol Abuse and Alcoholism, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the National Institute on Drug Abuse, the Assistant Secretary for Children and Families, the Director of the Office of National Drug Control Policy, the Administrator of the National Highway Traffic Safety Administration, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Chairman of the Federal Trade Commission, and such other Federal officials as the Secretary of Health and Human Services determines to be appropriate.
(c)ChairThe Secretary of Health and Human Services shall serve as the chair of the Committee.
(d)DutiesThe Committee shall guide policy and program development across the Federal Government with respect to underage drinking.
(e)ConsultationsThe Committee shall actively seek the input of and shall consult with all appropriate and interested parties, including public health research and interest groups, foundations, and alcohol beverage industry trade associations and companies.
(f)Annual report
(1)In generalThe Secretary of Health and Human Services, on behalf of the Committee, shall annually submit to the Congress a report that summarizes—
(A)all programs and policies of Federal agencies designed to prevent underage drinking;
(B)the extent of progress in reducing underage drinking nationally;
(C)data that the Secretary shall collect with respect to the information specified in paragraph (2); and
(D)such other information regarding underage drinking as the Secretary determines to be appropriate.
(2)Certain informationThe report under paragraph (1) shall include information on the following:
(A)Patterns and consequences of underage drinking.
(B)Measures of the availability of alcohol to underage populations and the exposure of this population to messages regarding alcohol in advertising and the entertainment media.
(C)Surveillance data, including information on the onset and prevalence of underage drinking.
(D)Any additional findings resulting from research conducted or supported under section 501.
(E)Evidence-based best practices to both prevent underage drinking and provide treatment services to those youth who need them.
202.Annual report card
(a)In generalThe Secretary of Health and Human Services (referred to in this section as the Secretary) shall, with input and collaboration from other appropriate Federal agencies, States, Indian tribes, territories, and public health, consumer, and alcohol beverage industry groups, annually issue a report card to accurately rate the performance of each state in enacting, enforcing, and creating laws, regulations, and programs to prevent or reduce underage drinking. The report card shall include ratings on outcome measures for categories related to the prevalence of underage drinking in each State.
(b)Outcome measures
(1)In generalThe Secretary shall develop, in consultation with the Committee established in section 201, a set of outcome measures to be used in preparing the report card.
(2)CategoriesIn developing the outcome measures, the Secretary shall develop measures for categories related to the following:
(A)The degree of strictness of the minimum drinking age laws and dram shop liability statutes in each State.
(B)The number of compliance checks within alcohol retail outlets conducted measured against the number of total alcohol retail outlets in each State, and the results of such checks.
(C)Whether or not the State mandates or otherwise provides training on the proper selling and serving of alcohol for all sellers and servers of alcohol as a condition of employment.
(D)Whether or not the State has policies and regulations with regard to Internet sales and home delivery of alcoholic beverages.
(E)The number of adults in the State targeted by State programs to deter adults from purchasing alcohol for minors.
(F)The number of youths, parents, and caregivers who are targeted by State programs designed to deter underage drinking.
(G)Whether or not the State has enacted graduated drivers licenses and the extent of those provisions.
(H)The amount that the State invests, per youth capita, on the prevention of underage drinking, further broken down by the amount spent on—
(i)compliance check programs in retail outlets, including providing technology to prevent and detect the use of false identification by minors to make alcohol purchases;
(ii)checkpoints;
(iii)community-based, school-based, and higher-education-based programs to prevent underage drinking;
(iv)underage drinking prevention programs that target youth within the juvenile justice and child welfare systems; and
(v)other State efforts or programs as deemed appropriate.
203.Authorization of appropriationsThere are authorized to be appropriated to carry out this title $2,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.
IIINational media campaign
301.National media campaign to prevent underage drinking
(a)Scope of the campaignThe Secretary of Health and Human Services shall continue to fund and oversee the production, broadcasting, and evaluation of the Ad Council’s national adult-oriented media public service campaign.
(b)ReportThe Secretary of Health and Human Services shall provide a report to the Congress annually detailing the production, broadcasting, and evaluation of the campaign referred to in subsection (a), and to detail in the report the effectiveness of the campaign in reducing underage drinking, the need for and likely effectiveness of an expanded adult-oriented media campaign, and the feasibility and the likely effectiveness of a national youth-focused media campaign to combat underage drinking.
(c)Consultation requirementIn carrying out the media campaign, the Secretary of Health and Human Services shall direct the Ad Council to consult with interested parties including both the alcohol beverage industry and public health and consumer groups. The progress of this consultative process is to be covered in the report under subsection (b).
(d)Authorization of appropriationsThere are authorized to be appropriated to carry out this section, $1,000,000 for each of the fiscal years 2005 and 2006, and such sums as may be necessary for each subsequent fiscal year.
IVInterventions
401.Community-based coalition enhancement grants to prevent underage drinking
(a)Authorization of programThe Director of the Office of National Drug Control Policy shall award enhancement grants to eligible entities to design, test, evaluate and disseminate strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage drinking.
(b)PurposesThe purposes of this section are, in conjunction with the Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.), to—
(1)reduce alcohol use among youth in communities throughout the United States;
(2)strengthen collaboration among communities, the Federal Government, and State, local, and tribal governments;
(3)enhance intergovernmental cooperation and coordination on the issue of alcohol use among youth;
(4)serve as a catalyst for increased citizen participation and greater collaboration among all sectors and organizations of a community that first demonstrates a long-term commitment to reducing alcohol use among youth;
(5)disseminate to communities timely information regarding state-of-the-art practices and initiatives that have proven to be effective in reducing alcohol use among youth; and
(6)enhance, not supplant, local community initiatives for reducing alcohol use among youth.
(c)ApplicationAn eligible entity desiring an enhancement grant under this section shall submit an application to the Director at such time, and in such manner, and accompanied by such information as the Director may require. Each application shall include—
(1)a complete description of the entity’s current underage alcohol use prevention initiatives and how the grant will appropriately enhance the focus on underage drinking issues; or
(2)a complete description of the entity’s current initiatives, and how it will use this grant to enhance those initiatives by adding a focus on underage drinking prevention.
(d)Uses of fundsEach eligible entity that receives a grant under this section shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to subsection (c). Grants under this section shall not exceed $50,000 per year, and may be awarded for each year the entity is funded as per subsection (f).
(e)Supplement not supplantGrant funds provided under this section shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this section.
(f)DefinitionsFor purposes of this section, the term eligible entity means an organization that is currently eligible to receive grant funds under the Drug-Free Communities Act of 1997 (21 U.S.C. 1521 et seq.).
(g)Administrative expensesNot more than 6 percent of a grant under this section may be expended for administrative expenses.
(h)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.
402.Grants directed at reducing higher-education alcohol abuse
(a)Authorization of programThe Secretary shall award grants to eligible entities to enable the entities to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education.
(b)ApplicationsAn eligible entity that desires to receive a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Each application shall include—
(1)a description of how the eligible entity will work to enhance an existing, or where none exists to build a, statewide coalition;
(2)a description of how the eligible entity will target underage students in the State;
(3)a description of how the eligible entity intends to ensure that the statewide coalition is actually implementing the purpose of this Act and moving toward indicators described in section (d);
(4)a list of the members of the statewide coalition or interested parties involved in the work of the eligible entity;
(5)a description of how the eligible entity intends to work with State agencies on substance abuse prevention and education;
(6)the anticipated impact of funds provided under this Act in reducing the rates of underage alcohol use;
(7)outreach strategies, including ways in which the eligible entity proposes to—
(A)reach out to students;
(B)promote the purpose of this Act;
(C)address the range of needs of the students and the surrounding communities; and
(D)address community norms for underage students regarding alcohol use; and
(8)such additional information as required by the Secretary.
(c)Uses of fundsEach eligible entity that receives a grant under this section shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to subsection (b).
(d)AccountabilityOn the date on which the Secretary first publishes a notice in the Federal Register soliciting applications for grants under this section, the Secretary shall include in the notice achievement indicators for the program authorized under this section. The achievement indicators shall be designed—
(1)to measure the impact that the statewide coalitions assisted under this Act are having on the institutions of higher education and the surrounding communities, including changes in the number of alcohol incidents of any kind (including violations, physical assaults, sexual assaults, reports of intimidation, disruptions of school functions, disruptions of student studies, mental health referrals, illnesses, or deaths);
(2)to measure the quality and accessibility of the programs or information offered by the statewide coalitions; and
(3)to provide such other measures of program impact as the Secretary determines appropriate.
(e)Supplement not supplantGrant funds provided under this Act shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this section.
(f)DefinitionsFor purposes of this section:
(1)Eligible entityThe term eligible entity means a State, institution of higher education, or nonprofit entity.
(2)Institution of higher educationThe term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
(3)SecretaryThe term Secretary means the Secretary of Education.
(4)StateThe term State means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(5)Statewide coalitionThe term statewide coalition means a coalition that—
(A)includes—
(i)institutions of higher education within a State; and
(ii)a nonprofit group, a community underage drinking prevention coalition, or another substance abuse prevention group within a State; and
(B)works toward lowering the alcohol abuse rate by targeting underage students at institutions of higher education throughout the State and in the surrounding communities.
(6)Surrounding communityThe term surrounding community means the community—
(A)that surrounds an institution of higher education participating in a statewide coalition;
(B)where the students from the institution of higher education take part in the community; and
(C)where students from the institution of higher education live in off-campus housing.
(g)Administrative expensesNot more than 5 percent of a grant under this section may be expended for administrative expenses.
(h)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.
VAdditional research
501.Additional research on underage drinking
(a)In generalThe Secretary of Health and Human Services shall collect data on, and conduct or support research on, underage drinking with respect to the following:
(1)The short and long-range impact of alcohol use and abuse upon adolescent brain development and other organ systems.
(2)Comprehensive community-based programs or strategies and statewide systems to prevent underage drinking, across the underage years from early childhood to young adulthood, including programs funded and implemented by government entities, public health interest groups and foundations, and alcohol beverage companies and trade associations.
(3)Improved knowledge of the scope of the underage drinking problem and progress in preventing and treating underage drinking.
(4)Annually obtain more precise information than is currently collected on the type and quantity of alcoholic beverages consumed by underage drinkers, as well as information on brand preferences of these drinkers and their exposure to alcohol advertising.
(b)Certain mattersThe Secretary of Health and Human Services shall carry out activities toward the following objectives with respect to underage drinking:
(1)Testing every unnatural death of persons ages 12 to 20 in the United States for alcohol involvement, including suicides, homicides, and unintentional injuries such as falls, drownings, burns, poisonings, and motor vehicle crash deaths.
(2)Obtaining new epidemiological data within the National Epidemiological Study on Alcoholism and Related Conditions and other national or targeted surveys that identify alcohol use and attitudes about alcohol use during pre- and early adolescence, including second-hand effects of adolescent alcohol use such as date rapes, violence, risky sexual behavior, and prenatal alcohol exposure.
(3)Developing or identifying successful clinical treatments for youth with alcohol problems.
502.Authorization of appropriationsThere are authorized to be appropriated to carry out section 501 $6,000,000 for fiscal year 2005, and such sums as may be necessary for each of the fiscal years 2006 through 2009.


		I
		111th CONGRESS
		2d Session
		H. R. 6449
		IN THE HOUSE OF REPRESENTATIVES

			November 29, 2010
			Mr. Ackerman
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To repeal provisions of the recently enacted health care
		  reform law that prohibit preexisting condition exclusions or other
		  discrimination based on health status for adults.

		1.Short titleThis Act may be cited as the
			 Fourth Health Insurance Protects America—Can't Repeal IT
			 (HIPA–CRIT) Act.
		2.Repeal of health
			 care reform prohibition of preexisting condition exclusions or other
			 discrimination based on health status for adultsThe provisions of the Patient Protection and
			 Affordable Care Act (Public Law 111–148), insofar as such Act prohibits under
			 section 2704(a) of the Public Health Service Act (42 U.S.C. 300gg–3(a)) a group
			 health plan and a health insurance issuer offering group or individual health
			 insurance coverage from imposing any preexisting condition exclusion with
			 respect to such plan or coverage with respect to enrollees who are 19 years of
			 age or older, are hereby repealed, effective as of the date of the enactment of
			 this Act.


117 S739 IS: Mens Rea Reform Act of 2021
U.S. Senate
2021-03-11
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.

II117th CONGRESS1st SessionS. 739IN THE SENATE OF THE UNITED STATESMarch 11, 2021Mr. Lee (for himself, Mr. Tillis, and Mr. Paul) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo specify the state of mind required for conviction for criminal offenses that lack an expressly identified state of mind, and for other purposes.1.Short titleThis Act may be cited as the Mens Rea Reform Act of 2021.2.State of mind element for criminal offenses(a)In generalChapter 1 of title 18, United States Code, is amended by adding at the end the following:28.State of mind when not otherwise specifically provided(a)DefinitionsIn this section—(1)the term covered offense—(A)means an offense—(i)specified in—(I)this title or any other Act of Congress;(II)any regulation; or(III)any law (including regulations) of any State or foreign government incorporated by reference into this title or any other Act of Congress; and(ii)that is punishable by imprisonment, a maximum criminal fine of at least $2,500, or both; and(B)does not include—(i)any offense set forth in chapter 47 or chapter 47A of title 10; or(ii)any offense incorporated by section 13(a) of this title;(2)the term knowingly, as related to an element of an offense, means—(A)if the element involves the nature of the conduct of a person or the attendant circumstances, that the person is aware that the conduct of the person is of that nature or that such circumstances exist; and(B)if the element involves a result of the conduct of a person, that the person is aware that it is practically certain that the conduct of the person will cause such a result;(3)the term state of mind means willfully, intentionally, maliciously, knowingly, recklessly, wantonly, negligently, with reason to believe, or any other word or phrase that is synonymous with or substantially similar to any such term; and(4)the term willfully, as related to an element of an offense, means—(A)that the person acted with knowledge that the person’s conduct was unlawful; and(B)if the element involves the nature, attendant circumstances, object, or result of the conduct of a person, that—(i)the person had knowledge of the nature, attendant circumstances, object, or result of his or her conduct; and(ii)it was the conscious object of the person to engage in conduct—(I)of that nature;(II)with that attendant circumstance;(III)with that object; or(IV)to cause such a result.(b)Default requirementExcept as provided in subsections (c) and (d), a covered offense shall be construed to require the Government to prove beyond a reasonable doubt that the defendant acted—(1)with the state of mind specified in the text of the covered offense for each element of the offense for which the text specifies a state of mind; and(2)willfully, with respect to any element of the offense for which the text of the covered offense does not specify a state of mind.(c)Failure To distinguish among elementsExcept as provided in subsection (d), if the text of a covered offense specifies the state of mind required for commission of the covered offense without specifying the elements of the covered offense to which the state of mind applies, the state of mind specified shall apply to all elements of the covered offense, unless a contrary purpose plainly appears.(d)Exceptions(1)In generalSubsections (b)(2) and (c) shall not apply with respect to—(A)any element for which the text of the covered offense makes clear that Congress affirmatively intended not to require the Government to prove any state of mind with respect to such element;(B)any element of a covered offense, to the extent that the element establishes—(i)subject matter jurisdiction over the covered offense; or(ii)venue with respect to trial of the covered offense; or(C)any element of a covered offense, to the extent that applying subsections (b)(2) and (c) to such element would lessen the degree of mental culpability that the Government is required to prove with respect to that element under—(i)precedent of the Supreme Court of the United States; or(ii)any other provision of this title, any other Act of Congress, or any regulation.(2)Mere absence insufficientFor purposes of paragraph (1)(A), the mere absence of a specified state of mind for an element of a covered offense in the text of the covered offense shall not be construed to mean that Congress affirmatively intended not to require the Government to prove any state of mind with respect to that element.(e)ApplicabilityThis section shall apply with respect to a covered offense—(1)without regard to whether the provision or provisions specifying the covered offense are enacted, promulgated, or finalized before, on, or after the date of enactment of this section; and(2)that occurred—(A)on or after the date of enactment of this section; or(B)before the date of enactment of this section, unless—(i)applying this section to such covered offense would—(I)punish as a crime conduct that was innocent when done;(II)increase the punishment for the covered offense; or(III)deprive a person charged with the covered offense of any defense available according to law at the time the covered offense occurred;(ii)a jury has been empaneled and sworn in a prosecution for the covered offense before the date of enactment of this section;(iii)the first witness has been sworn in a prosecution for the covered offense tried without a jury before the date of enactment of this section; or(iv)a sentence has been imposed following a plea of guilty or nolo contendere in a prosecution for the covered offense before the date of enactment of this section.(f)Subsequently enacted lawsNo law enacted after the date of enactment of this section shall be construed to repeal, modify the text or effect of, or supersede in whole or in part this section, unless such law specifically refers to this section and explicitly repeals, modifies the text or effect of, or supersedes in whole or in part this section..(b)Technical and conforming amendmentThe table of sections for chapter 1 of title 18, United States Code, is amended by adding at the end the following:28. State of mind when not otherwise specifically provided..