		II
		110th CONGRESS
		1st Session
		S. 741
		IN THE SENATE OF THE UNITED STATES

			March 1, 2007
			Ms. Collins introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend the Magnuson-Stevens Fishery Conservation and
		  Management Act to establish a grant program to ensure waterfront access for
		  commercial fishermen, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Working Waterfront Preservation
			 Act of 2007.
		2.Commercial
			 fishing access protection programThe Magnuson-Stevens Fishery Conservation
			 and Management Act (16 U.S.C. 1801 et seq.) is amended by adding at the end the
			 following new title:

				VGrants for
				commercial fishing access
					501.DefinitionsIn this title:
						(1)Coastal
				stateThe term Coastal State has the meaning given
				the term coastal state in section 304 of the Coastal Zone
				Management Act of 1972 (16 U.S.C. 1453).
						(2)Coastal
				watersThe term coastal waters has the meaning given
				that term in section 304 of the Coastal Zone Management Act of 1971 (16 U.S.C.
				1453).
						(3)Eligible
				entityThe term eligible entity means—
							(A)the government of
				a Coastal State;
							(B)a unit of local
				government within a Coastal State; or
							(C)a nonprofit
				organization or a fishing cooperative that the Secretary determines is
				appropriate to receive a grant under section 502.
							(4)Eligible
				projectThe term eligible project means—
							(A)a project to
				acquire real property or an interest in real property located in a Coastal
				State for the purpose of providing access to persons engaged in the commercial
				fishing industry or the aquaculture industry to coastal waters in working
				waterfront areas; or
							(B)a project to make
				improvements to real property located in a Coastal State and owned by an
				eligible entity, including the construction or repair of wharfs or related
				facilities, to provide access to persons engaged in the commercial fishing
				industry or the aquaculture industry to coastal waters in working waterfront
				areas.
							(5)Fishing
				cooperativeThe term fishing cooperative means a
				fishing or fish marketing association organized in a coastal state for the
				purpose of promoting, fostering, and encouraging fishing or marketing of fish
				and fishery products through cooperation of the members of such association and
				for the benefit of such members as producers of such products.
						(6)Nonprofit
				organizationThe term nonprofit organization means
				an organization that is—
							(A)described in
				section 501(c) of the Internal Revenue Code of 1986; and
							(B)exempt from
				taxation under section 501(a) of the Internal Revenue Code of 1986.
							(7)State fisheries
				officialThe term State fisheries official means the
				principal State official with marine fishery management responsibility and
				expertise in a coastal State, who is designated as such by the Governor of the
				State, so long as the official continues to hold such position, or the designee
				of such official.
						(8)Working
				waterfront areasThe term working waterfront areas
				means land that is used for, or that supports, commercial fishing or the
				aquaculture industry.
						502.Grant
				program
						(a)In
				generalThe Secretary is authorized to award a grant to an
				eligible entity for the purpose of carrying out an eligible project.
						(b)ConsiderationsIn
				awarding a grant for an eligible project under this section, the Secretary
				shall consider—
							(1)the need for the
				eligible project based on the assessment of need submitted under subsection
				(c)(2)(A);
							(2)the economic
				significance of the eligible project to the commercial fishing industry or the
				aquaculture industry in the immediate vicinity and in the Coastal State in
				which the eligible project is located;
							(3)the degree of
				community support for the eligible project;
							(4)the level of
				threat that the property proposed to be acquired or improved with such grant
				will be converted to uses incompatible with commercial fishing or the
				aquaculture industry;
							(5)the utility of
				the eligible project for commercial fishing or the aquaculture industry, with
				respect to the natural characteristics and developed infrastructure of the
				property proposed to be acquired;
							(6)whether a
				business plan or a harbor plan exists for the area in which the project will be
				located and whether the eligible project is consistent with such plan;
							(7)for an eligible
				project described in section 501(4)(A), the availability of alternative real
				property or an alternative interest in real property that would ensure that
				persons engaged in the commercial fishing industry or the aquaculture industry
				have access to coastal waters in working waterfront areas; and
							(8)whether a land
				use plan exists for the area in which the project will be located and whether
				the project is consistent with such plan.
							(c)Application and
				review
							(1)In
				generalAn eligible entity that seeks a grant under this section
				shall submit to the appropriate State fisheries official, at such time and in
				such manner as the Secretary shall prescribe, an application for the
				grant.
							(2)Assessment of
				needAn application for a grant may be considered by the
				Secretary if the appropriate State fisheries official—
								(A)prepares an
				assessment of the need for the proposed eligible project, taking into
				account—
									(i)the needs of the
				commercial fishing industry or the aquaculture industry in the State;
									(ii)the needs of
				other industries and other parties in the area in which the project will be
				located;
									(iii)whether
				alternative sites exist for the proposed project; and
									(iv)the social and
				cultural value of the industries to the affected community and State;
				and
									(B)submits to the
				Secretary—
									(i)the application
				submitted under paragraph (1); and
									(ii)the assessment
				of need prepared under subparagraph (A).
									(d)Cost
				sharing
							(1)In
				generalThe amount of a grant awarded under this section to carry
				out an eligible project may not exceed 75 percent of the total cost of the
				eligible project.
							(2)AssurancesAs
				a condition of receipt of a grant under this section, an eligible entity shall
				provide to the Secretary such assurances as the Secretary determines are
				sufficient to demonstrate that the share of the cost of each eligible project
				that is not funded by the grant awarded under this section has been
				secured.
							(3)FormThe
				share of the cost of carrying out an eligible project that is not funded by a
				grant awarded under this section may be provided in cash or in kind (including
				a donation of land).
							(e)Use of grant
				funds for eligible projects
							(1)Purchases
								(A)In
				generalExcept as provided in subparagraph (B), grants awarded
				under this section may be used to purchase privately-owned real property or
				interests in privately-owned real property, including easements, only from
				willing sellers at fair market value.
								(B)Sales at less
				than fair market valueA grant awarded under this section may be
				used to acquire privately-owned real property or an interest in privately-owned
				real property at less than fair market value only if the owner certifies to the
				Secretary that the sale is being entered into willingly and without
				coercion.
								(C)No exercise of
				eminent domainNo Federal, State, or local agency may exercise
				the power of eminent domain to secure title to any real property or facilities
				in connection with a project carried out under this title.
								(2)TitleTitle
				to real property or an interest in real property acquired with a grant awarded
				under this section may be held, as determined appropriate by the Secretary in
				consultation with the appropriate Coastal State, by—
								(A)the Coastal
				State;
								(B)a unit of local
				government of the Coastal State;
								(C)a nonprofit
				organization; or
								(D)a fishing
				cooperative.
								(f)Continued
				access to coastal waters
							(1)Requirement for
				agreementThe Secretary shall enter into an agreement with an
				eligible entity that receives a grant under this section. Such agreement shall
				require the eligible entity to provide the Secretary the assurances that the
				Secretary determines are appropriate to ensure that the eligible project is not
				converted to a use that is inconsistent with the purposes for which the grant
				was awarded.
							(2)Reversionary
				interest
								(A)In
				generalIf the Governor of a Coastal State makes a determination
				described in subparagraph (B), all right, title, and interest in and to the
				property shall, except as provided in subparagraph (C), revert, at the option
				of the Governor, to the Coastal State, and the State shall have the right of
				immediate entry onto the property. Any determination of the Governor under this
				paragraph shall be made on the record after an opportunity for a
				hearing.
								(B)DeterminationThe
				determination referred to in subparagraph (A) is a determination that—
									(i)the unit of local
				government or nonprofit organization is unable or unwilling to enforce the
				terms of the easement; or
									(ii)the easement has
				been modified in a manner that is inconsistent with the purposes for which the
				grant was awarded.
									(C)Conveyance to
				another unit of local government or nonprofit organizationIf the
				Governor of a Coastal State makes a determination under subparagraph (B), the
				State may convey or authorize the unit of local government or nonprofit
				organization to convey the easement to another unit of local government or
				nonprofit organization.
								(g)Approval or
				disapproval
							(1)In
				generalSubject to paragraph (2), as soon as practicable after
				the date on which the Secretary receives an application under subsection
				(c)(2)(B), the Secretary shall—
								(A)review the
				application; and
								(B)(i)award a grant to the
				applicant; or
									(ii)disapprove the application and
				provide the applicant a statement that describes the reasons why the
				application was disapproved, including a deadline by which the applicant may
				resubmit the application.
									(h)Administrative
				costsA Coastal State, on approval of the Secretary and subject
				to any regulations promulgated by the Secretary, may use up to 10 percent of
				the amounts made available under this section to pay the administrative costs
				of the program incurred by the Coastal State.
						(i)Treatment of
				purchase proceedsFor purposes of the Internal Revenue Code of
				1986, gross income shall not include 50 percent of the gain from the sale or
				exchange of private land or interests in private land in purchases described in
				subsection (e)(1).
						503.Annual
				reportThe Secretary shall
				submit to Congress an annual report that describes the eligible projects
				carried out using grants awarded under this
				title.
					.
		3.Authorization of
			 appropriationThere are
			 authorized to be appropriated to the Secretary of Commerce $50,000,000 for each
			 of the fiscal years 2008, 2009, and 2010 to carry out the provisions of title V
			 of the Magnuson-Stevens Fishery Conservation and Management Act, as added by
			 section 2.


		II
		110th CONGRESS
		2d Session
		S. 3351
		IN THE SENATE OF THE UNITED STATES

			July 28, 2008
			Mr. Biden (for himself,
			 Mr. Grassley, and
			 Mrs. Feinstein) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Commerce, Science, and
			 Transportation

		A BILL
		To enhance drug trafficking interdiction by creating a
		  Federal felony for operating or embarking in a submersible or semi-submersible
		  vessel without nationality and on an international voyage.

		1.Short
			 titleThis Act may be cited as
			 the Drug Trafficking Interdiction
			 Assistance Act of 2008.
		2.FindingsCongress finds and declares that operating
			 or embarking in a submersible or semi-submersible vessel without nationality
			 and on an international voyage is a serious international problem, facilitates
			 transnational crime, including drug trafficking, and terrorism, and presents a
			 specific threat to the safety of maritime navigation and the security of the
			 United States.
		3.Operation of
			 submersible or semi-submersible vessel without nationality
			(a)In
			 generalChapter 111 of title 18 is amended by adding at the end
			 the following new section:

					2285.Operation of
				submersible or semi-submersible vessel without nationality
						(a)Offenses
							(1)In
				generalWhoever knowingly or intentionally operates by any means
				or embarks in any submersible or semi-submersible vessel that is without
				nationality and that is navigating or has navigated into, through, or from
				waters beyond the outer limit of the territorial sea of a single country or a
				lateral limit of that country’s territorial sea with an adjacent country, with
				the intent to evade detection, shall be punished as prescribed in subsection
				(h).
							(2)Attempts and
				conspiraciesWhoever attempts or conspires to violate this
				section shall be punished as prescribed in subsection (h).
							(b)DefinitionsIn
				this section:
							(1)Semi-submersible
				vesselThe term semi-submersible vessel means any
				watercraft constructed or adapted to be capable of operating with most of its
				hull and bulk under the surface of the water, including both manned and
				unmanned watercraft.
							(2)Submersible
				vesselThe term submersible vessel means a
				watercraft that is capable of operating completely below the surface of the
				water, including both manned and unmanned watercraft.
							(3)Vessel without
				nationalityThe term vessel without nationality has
				the same meaning as section 70502(d) of title 46, United States Code.
							(4)Evade
				detectionThe term evade detection includes the
				indicia in section 70507 (b)(1)(A), (E), (F), (G), (b)(4), (b)(5), and (b)(6)
				of title 46, United States Code.
							(c)Extraterritorial
				jurisdictionThere is extraterritorial Federal jurisdiction over
				the offenses described in this section, including an attempt or conspiracy to
				commit such offense.
						(d)Claim of
				nationality or registryA claim of nationality or registry under
				this section includes only—
							(1)possession on
				board the vessel and production of documents evidencing the vessel’s
				nationality as provided in article 5 of the 1958 Convention on the High
				Seas;
							(2)flying its
				nation’s ensign or flag; or
							(3)a verbal claim of
				nationality or registry by the master or individual in charge of the
				vessel.
							(e)Affirmative
				defense
							(1)In
				generalIt is an affirmative defense to a prosecution under this
				section, which the defendant shall prove by a preponderance of the evidence,
				that any submersible or semi-submersible vessel that the defendant operated by
				any means or embarked, at the time of the offense—
								(A)was a vessel of
				the United States or lawfully registered in a foreign nation as claimed by the
				master or individual in charge of the vessel when requested to make a claim by
				an officer of the United States authorized to enforce applicable provisions of
				United States law;
								(B)was classed by
				and designed in accordance with the rules of a classification society;
								(C)was lawfully
				operated in a government-regulated or -licensed activity, including commerce,
				research, or exploration; or
								(D)was equipped with
				and using an operable automatic identification system vessel monitoring system,
				or long range identification and tracking system.
								(2)Production of
				documentsThe affirmative defenses provided by this subsection
				are proved conclusively by the production of—
								(A)government
				documents evidencing the vessel’s nationality at the time of the offense as
				provided in article 5 of the 1958 Convention on the High Seas;
								(B)a certificate of
				classification issued by the vessel’s classification society upon completion of
				relevant classification surveys and valid at the time of the offense; or
								(C)government
				documents evidencing licensure, regulation, or registration for research or
				exploration.
								(f)Federal
				activitiesNothing in this section applies to lawfully authorized
				activities carried out by, or at the direction of, the United States
				Government.
						(g)Applicability
				of other provisionsSections 70504 and 70505 of title 46, United
				States Code, apply to this section.
						(h)PenaltiesA
				person violating this section shall be fined under this title, imprisoned not
				more than 15 years, or
				both.
						.
			(b)Conforming
			 amendmentThe table of sections for chapter 111 of title 18,
			 United States Code, is amended by adding at the end the following:

						Sec. 2285. Operation of
				submersible or semi-submersible vessel without
				nationality.

					.
			4.Directive to the
			 United States sentencing commission
			(a)In
			 generalPursuant to its authority under section 994(p) of title
			 28, United States Code, and in accordance with this section, the United States
			 Sentencing Commission shall promulgate sentencing guidelines (including policy
			 statements) or amend existing sentencing guidelines (including policy
			 statements) to provide adequate penalties for persons convicted of knowingly or
			 intentionally operating by any means or embarking in any submersible or
			 semi-submersible vessel as defined in section 3.
			(b)RequirementsIn
			 carrying out this section, the United States Sentencing Commission
			 shall—
				(1)ensure that the
			 sentencing guidelines and policy statements reflect the serious nature of the
			 offenses described in section 3 and the need for deterrence to prevent such
			 offenses;
				(2)account for any
			 aggravating or mitigating circumstances that might justify exceptions,
			 including—
					(A)the use of a
			 submersible or semi-submersible vessels described in section 3 to facilitate
			 other felonies;
					(B)the repeated use
			 of submersible or semi-submersible vessel described in section 3 to facilitate
			 other felonies, including whether such use is part of an ongoing commercial
			 organization or enterprise;
					(C)whether the use
			 of submersible or semi-submersible vessel involves a pattern of continued and
			 flagrant violations;
					(D)whether the
			 persons operating or embarking in a submersible or semi-submersible vessel
			 willfully caused, attempted to cause, or permitted the destruction or damage of
			 such vessel or failed to heave to when directed by law enforcement officers;
			 and
					(E)circumstances for
			 which the sentencing guidelines (and policy statements) currently provide
			 sentencing enhancements;
					(3)ensure reasonable
			 consistency with other relevant directives, other sentencing guidelines and
			 policy statements, and statutory provisions;
				(4)make any
			 necessary and conforming changes to the sentencing guidelines and policy
			 statements; and
				(5)ensure that the
			 sentencing guidelines and policy statements adequately meet the purposes of
			 sentencing set forth in section 3553(a)(2) of title 18, United States
			 Code.


		I
		111th CONGRESS
		1st Session
		H. R. 2183
		IN THE HOUSE OF REPRESENTATIVES

			April 30, 2009
			Mr. Barton of Texas
			 (for himself and Mr. Stearns)
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce

		A BILL
		To improve public participation and overall
		  decisionmaking at the Federal Communications Commission, and for other
		  purposes.

		1.FCC Reform
			(a)In
			 GeneralThe Communications
			 Act of 1934 (47 U.S.C. 151 et seq.) is amended by inserting after section 5 the
			 following new section:

					5A.Public
				participation and Commission decisionmaking
						(a)Reform
				MeasuresThe Commission shall promulgate regulations in
				accordance with the following:
							(1)Except as provided in the third sentence of
				section 553(b) of title 5, United States Code, before adopting, modifying, or
				deleting a final regulation, the Commission—
								(A)shall publish the
				specific language of the proposed regulation, modification, or deletion;
								(B)shall provide at
				least 30 days for the submission of comments and an additional 30 days for the
				submission of reply comments on such proposed regulation, modification, or
				deletion; and
								(C)shall provide at
				least 30 days following the deadline for the submission of reply comments for
				agency consideration on the record on such proposed regulation, modification,
				or deletion.
								(2)The Commission shall ensure that members
				of the Commission have adequate time, prior to being required to decide an
				issue (including at a meeting held pursuant to section 5(d)), to review the
				proposed Commission decision document, including any specific language that is
				proposed to be adopted as, modified in, or deleted from a regulation.
							(3)The Commission shall establish deadlines
				for any Commission order, decision, report, or action for each of the various
				categories of petitions, applications, complaints, and other filings seeking
				Commission action.
							(4)The Commission shall publish any order,
				decision, report, or action of the Commission within 30 days after the date of
				the adoption of such order, decision, report, or action.
							(5)The Commission
				shall notify by letter the chairpersons and ranking members of the Committee on
				Energy and Commerce of the House of Representatives and the Committee on
				Commerce, Science, and Transportation of the Senate—
								(A)indicating that an
				order, decision, report, or action of the Commission was not published within
				30 days after the date of the adoption of such order, decision, report, or
				action;
								(B)identifying such
				order, decision, report, or action; and
								(C)describing the
				reason for the delay.
								The
				Commission shall update by letter such chairpersons and ranking members every
				14 days until the publication of such order, decision, report, or
				action.(6)For any year in
				which the Commission was required to provide a notice pursuant to paragraph
				(5), the Commission shall publish an annual report containing detailed
				statistics concerning the delay between the adoption and the publication of any
				such order, decision, report, or action.
							(7)The Commission shall publish on a weekly
				basis a summary list of documents containing proposed decisions pending review
				by the Commission. For all such decisions on such list for more than 60 days,
				the Commission shall also name any Commissioners who have not cast a vote on
				such decision.
							(b)Statistical
				reports schedule
							(1)In
				generalThe Commission shall catalog, identify, and publish the
				anticipated release schedule for all statistical reports regularly or
				intermittently published by the Commission and shall thereafter publish such
				schedule at least annually.
							(2)Notification of
				delayThe Commission shall
				notify by letter the chairpersons and ranking members of the Committee on
				Energy and Commerce of the House of Representatives and the Committee on
				Commerce, Science, and Transportation of the Senate—
								(A)indicating that a
				statistical report was not published within 60 days after the date specified in
				the anticipated release schedule published under paragraph (1);
								(B)identifying such
				report; and
								(C)describing the
				reason for such delay.
								The
				Commission shall update by letter such chairpersons and ranking members every
				30 days until the publication of such report.(c)DefinitionFor the purposes of this section, the term
				regulation has the meaning given the term rule in
				section 551(4) of title 5, United States Code.
						.
			(b)Effective
			 dates
				(1)Reform
			 MeasuresThe Federal Communications Commission shall carry out
			 section 5A(a) of the Communications Act of 1934 (as added by subsection (a))
			 within 6 months after the date of enactment of this Act.
				(2)Statistical
			 Reports ScheduleThe Federal
			 Communications Commission shall carry out section 5A(b) of the Communications
			 Act of 1934 (as added by subsection (a)) within 3 months after the date of
			 enactment of this Act.
				(3)ExceptionNotwithstanding
			 paragraph (1), in promulgating rules to carry out section 5A(a) of the
			 Communications Act of 1934 (as added by subsection (a)), the Federal
			 Communications Commission shall comply with the requirements of paragraphs (1),
			 (2), and (4) of section 5A(a) of the Communications Act of 1934 (as added by
			 subsection (a)).
				2.Effect on other
			 lawsNothing in this Act,
			 including the amendments made by this Act, shall absolve the Federal
			 Communications Commission from any obligations under title 5, United States
			 Code.


115 HRES 187 EH: Relating to efforts to respond to the famine in South Sudan.
U.S. House of Representatives
2017-04-25
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
115th CONGRESS
1st Session
H. RES. 187
In the House of Representatives, U. S.,

April 25, 2017

RESOLUTION
Relating to efforts to respond to the famine in South Sudan.

Whereas on February 20, 2017, famine was formally declared in parts of South Sudan; Whereas South Sudan is the world’s newest nation and for the past three years has experienced an ongoing armed conflict and the deliberate hindrance by the Government of South Sudan of humanitarian access to opposition communities in need;
Whereas due to this deliberate action on the part of the Government of South Sudan and the armed opposition to prolong the conflict South Sudan is experiencing a man-made famine currently affecting 100,000 people; Whereas according to the United States Agency for International Development (USAID) food insecurity is already prevalent in South Sudan and the ongoing conflict is exacerbating the situation;
Whereas the United Nations has reported that 4,900,000 people, over 40 percent of the population, are in urgent need of food, agriculture, and nutritional assistance; Whereas there are 1,900,000 Internally Displaced Persons (IDPs) residing in South Sudan and according to the United Nations High Commission for Refugees (UNHCR) an average of approximately 2,400 South Sudanese refugees arrive in Uganda every day;
Whereas 1,000,000 children in South Sudan are suffering from malnutrition in part due to the deliberate actions of the Government of South Sudan, at the same time according to United Nations International Children’s Emergency Fund (UNICEF) there are more than 17,000 child soldiers forced into combat; Whereas an anticipated 5,500,000 people are at risk for starvation by mid-year and without urgent humanitarian intervention civilians will continue to die from acute malnutrition and millions more will remain at risk;
Whereas failure to act prior to the upcoming rainy season May to August, will further impede humanitarian efforts; Whereas the areas where famine has been declared have seen some of the most intense fighting;
Whereas USAID has been a leading provider of humanitarian support to South Sudan, including more than 620,000 tons of life-saving food assistance since the conflict broke out in 2013; and Whereas support provided by the Food and Agriculture Organization of the United Nations (FAO), UNICEF, and the World Food Program have been critical in reducing the number of civilians at risk of severe malnutrition: Now, therefore, be it

That the House of Representatives— (1)it is the sense of the House of Representatives that—
(A)the Administrator of the United States Agency for International Development should continue to provide immediate and robust assistance to respond to the famine in South Sudan by providing food and other essential resources and to collaborate with international relief organizations, such as World Food Program and others in an effort to reach vulnerable populations; and (B)the Administrator of the United States Agency for International Development should be encouraged to continue to provide desperately needed and locally appropriate food aid through the Food for Peace and Emergency Food Security Programs; and
(2)the House of Representatives— (A)calls upon the Government of South Sudan to declare and observe a cessation of hostilities to allow food and essential supplies to reach affected civilians;
(B)urges specifically that the Government of South Sudan allow immediate and unrestricted humanitarian access to southern Unity, where the famine is currently underway; (C)condemns all threats and violence against civilian populations and aid workers, including the over 70 humanitarian aid workers killed since the conflict began and the brutal attack by the South Sudanese military on humanitarian aid workers, including Americans, at the Terrain Camp in July 2016;
(D)condemns the multiple instances in which security forces have looted humanitarian assistance destined for civilians in need; and (E)supports effort of the United States Government, working with partners in the international community, including the United Nations, the African Union, and the European Union, to facilitate humanitarian access to affected areas, and encourages greater diplomatic pressure on the parties to return to the negotiation table to stop the violence, and to allow full humanitarian access.

Karen L. Haas,Clerk.


109 HR 3111 IH: Employee Stock Ownership Plan Promotion and Improvement Act of 2005
U.S. House of Representatives
2005-06-29
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 3111
IN THE HOUSE OF REPRESENTATIVES

June 29, 2005
Mrs. Johnson of Connecticut (for herself, Mr. Jefferson, and Mr. McCrery) 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 improve the operation of employee stock ownership plans, and for other purposes.

1.Short titleThis Act may be cited as the Employee Stock Ownership Plan Promotion and Improvement Act of 2005.
2.10 percent penalty tax not to apply to certain S corporation distributions made on stock held by employee stock ownership plan
(a)In generalClause (vi) of section 72(t)(2)(A) of the Internal Revenue Code of 1986 (relating to general rule that subsection not to apply to certain distributions) is amended by inserting before the comma at the end the following: or any distribution (as described in section 1368(a)) with respect to S corporation stock that constitutes qualifying employer securities (as defined by section 409(l)) to the extent that such distributions are paid to a participant in the manner described in clause (i) or (ii) of section 404(k)(2)(A).
(b)Effective dateThe amendments made by this section shall apply to distributions made after the date of the enactment of this Act.
3.ESOP dividend exception to adjustments based on adjusted current earnings
(a)In generalSection 56(g)(4)(C) of the Internal Revenue Code of 1986 (relating to disallowance of items not deductible in computing earnings and profits) is amended by adding at the end the following new clause:

(v)Treatment of esop dividendsClause (i) shall not apply to any deduction allowable under section 404(k) if the deduction is allowed for dividends paid on employer securities held by an employee stock ownership plan established or authorized to be established before March 15, 1991..
(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 1989.
(c)Waiver of limitationsIf refund or credit of any overpayment of tax resulting from the application of the amendment made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.
4.Amendments related to section 1042
(a)Deferral of tax for certain sales to employee stock ownership plan sponsored by s corporation
(1)In generalSection 1042(c)(1)(A) of the Internal Revenue Code of 1986 (defining qualified securities) is amended by striking C.
(2)Effective dateThe amendment made by paragraph (1) shall apply to sales after the date of the enactment of this Act.
(b)Reinvestment in certain mutual funds permitted
(1)In generalClause (ii) of section 1042(c)(4)(B) of the Internal Revenue Code of 1986 (defining operating corporation) is amended to read as follows:

(ii)Financial institutions, insurance companies, and mutual fundsThe term operating corporation shall include—
(I)any financial institution described in section 581,
(II)any insurance company subject to tax under subchapter L, and
(III)any regulated investment company if substantially all of the securities held by such company are securities issued by operating corporations (determined without regard to this subclause)..
(2)Effective dateThe amendment made by paragraph (1) shall apply to sales of qualified securities after the date of the enactment of this Act.
(c)Modification to 25-percent shareholder rule
(1)In generalSubparagraph (B) of section 409(n)(1) of the Internal Revenue Code of 1986 (relating to securities received in certain transactions) is amended to read as follows:

(B)for the benefit of any other person who owns (after the application of section 318(a)) more than 25 percent of—
(i)the total combined voting power of all classes of stock of the corporation which issued such employer securities or of any corporation which is a member of the same controlled group of corporations (within the meaning of subsection (l)(4)) as such corporation, or
(ii)the total value of all classes of stock of any such corporation..
(2)Effective dateThe amendment made by paragraph (1) shall take effect on the date of the enactment of this Act.
5.Early distributions from employee stock ownership plans for higher education expenses and first-time homebuyer purchases
(a)In generalParagraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph:

(G)Distributions from employee stock ownership plans for higher education expenses and first-time homebuyer purchases
(i)In generalDistributions made to the employee from an employee stock ownership plan (within the meaning of section 4975(e)(7)), the amount of which does not exceed the sum of—
(I)qualified higher education expenses (as defined by paragraph (7)) reduced by the amount of such expenses taken into account under subparagraph (E), and
(II)qualified first-time homebuyer distributions (as defined by paragraph (8)) reduced by the amount of such distributions taken into account under subparagraph (F).
(ii)LimitationA distribution may only be taken into account under clause (i) if—
(I)such distribution is in the form of either employer securities (within the meaning of section 409(l)) or cash proceeds resulting from the sale of such securities made not more than 180 days before the date of such distribution for the purposes of such distribution,
(II)such securities so distributed or sold were held by such plan for at least 5 years before the date of such distribution or, if applicable, sale, and
(III)the number of shares in each class of such securities so distributed or sold, when added to all previous distributions and sales of each such class of such securities for such purposes on behalf of such employee, does not exceed 10 percent of the aggregate number of shares of each class of such securities allocated to the account of such employee under such plan.
(iii)Valuation of distributed securitiesFor purposes of clause (ii), the value of a security shall be the value of such security on the date of distribution..
(b)Conforming amendments
(1)Paragraph (7) of section 72(t) of such Code is amended by striking paragraph (2)(E) and inserting subparagraphs (E) and (G) of paragraph (2).
(2)Paragraph (8) of section 72(t) of such Code is amended by striking paragraph (2)(F) and inserting subparagraphs (F) and (G) of paragraph (2).
(c)Effective dateThe amendments made by this section shall apply to distributions made after the date of the enactment of this Act.
6.De minimis exception to diversification of investment requirement
(a)In generalParagraph (28) of section 401(a) of the Internal Revenue Code of 1986 (relating to additional requirements relating to employee stock ownership plans) is amended by adding at the end the following new subparagraph:

(D)Exception for de minimis account balanceA plan shall not fail to meet the requirements of this subparagraph for a plan year solely because the plan provides that clause (i) does not apply to any participant’s account in the plan which, as of the close of the preceding plan year, has an account balance which does not exceed $2,500..
(b)Effective dateThe amendment made by this section shall apply to plan years beginning after the date of the enactment of this Act.


		III
		112th CONGRESS
		1st Session
		S. RES. 244
		IN THE SENATE OF THE UNITED STATES

			July 29, 2011
			Ms. Landrieu (for
			 herself, Mrs. Hagan,
			 Mr. Wicker, Mr.
			 Brown of Ohio, Mr. Nelson of
			 Florida, Mr. Levin,
			 Mr. Cardin, Mrs. Gillibrand, and Mr.
			 Cornyn) submitted the following resolution; which was considered
			 and agreed to

		RESOLUTION
		Congratulating Omega Psi Phi Fraternity,
		  Inc. for 100 years of service to communities throughout the United States and
		  the world, and commending Omega Psi Phi for upholding its cardinal principles
		  of manhood, scholarship, perseverance, and uplift.

		Whereas Omega Psi Phi is the first international fraternal
			 organization to be founded on the campus of a historically black
			 college;
		Whereas Omega Psi Phi Fraternity, Inc. was founded at
			 Howard University in Washington, District of Columbia, on November 17, 1911, by
			 undergraduates Oscar James Cooper, M.D., Frank Coleman, Ph.D., and Edgar Amos
			 Love, D.D., and their faculty advisor Ernest Everett Just, Ph.D.;
		Whereas, on November 17, 2011, Omega Psi Phi will
			 celebrate 100 years of service to communities throughout the United States and
			 the world in many diverse fields of endeavor;
		Whereas, in 2011, Omega Psi Phi has more than 700 chapters
			 throughout the United States, Bermuda, the Bahamas, the Virgin Islands, South
			 Korea, Japan, Liberia, Germany, and Kuwait;
		Whereas Omega Psi Phi has maintained a commitment to the
			 betterment of mankind, the enhancement of the community, and the enrichment of
			 collegiate men through dedication to its cardinal principles of manhood,
			 scholarship, perseverance, and uplift;
		Whereas Omega Psi Phi chapters participate in activities
			 that uplift their communities, including voter registration, illiteracy
			 awareness, Habitat for Humanity, health awareness programs, and youth
			 mentoring;
		Whereas the men of Omega Psi Phi have distinguished
			 themselves in the field of science, including Dr. Ernest Everett Just, an
			 internationally known biologist, Dr. Charles Drew, who perfected the use of
			 blood plasma, Dr. Ronald E. McNair, an astronaut and member of the flight team
			 aboard the Space Shuttle Challenger, Charles Bolden, an astronaut and the
			 Administrator of the National Aeronautics and Space Administration, and Dr.
			 Fred Drew Gregory, an astronaut and graduate of the United States Air Force
			 Academy;
		Whereas the men of Omega Psi Phi have distinguished
			 themselves in the field of sports, including Dr. Robert M. Screen, the tennis
			 coach at Hampton University and the coach with the most wins in the history of
			 the National Collegiate Athletic Association, Michael Jordan, who was inducted
			 into the Naismith Memorial Basketball Hall of Fame in 2009, Charlie Ward, the
			 winner of the Heisman Trophy in 1993 and a former guard with the New York
			 Knicks of the National Basketball Association, Dr. LeRoy Walker, a former
			 president of the United States Olympic Committee, and Terrance Trammell, a
			 world champion hurdler;
		Whereas the men of Omega Psi Phi have distinguished
			 themselves in the field of government, including William Hastie, the first
			 Governor of the Virgin Islands, Lawrence Douglas Wilder, the first black
			 Governor of Virginia, Togo West, a former Secretary of the Army, James E.
			 Clyburn, a Member of the House of Representatives from South Carolina and the
			 26th Majority Whip of the House of Representatives, Jesse Jackson, Jr., a
			 Member of the House of Representatives from Illinois, and Hank Johnson, a
			 Member of the House of Representatives from Georgia;
		Whereas the men of Omega Psi Phi have distinguished
			 themselves in the field of the arts, including Langston Hughes, the poet
			 laureate who excelled as a poet, playwright, novelist, lyricist, and humorist,
			 and William Count Basie, an internationally known pianist,
			 composer, arranger, and band leader; and
		Whereas Omega Psi Phi will commemorate its history and
			 promote its continued success at its centennial celebration to be held July 27
			 through July 31, 2011, in Washington, District of Columbia: Now, therefore, be
			 it

		That the Senate—
			(1)congratulates
			 Omega Psi Phi Fraternity, Inc. for 100 years of service to communities
			 throughout the United States and the world; and
			(2)commends Omega
			 Psi Phi for upholding its cardinal principles of manhood, scholarship,
			 perseverance, and uplift.


116 HR 1788 IH: To amend title XVIII of the Social Security Act to limit the penalty for late enrollment under part B of the Medicare Program to 15 percent and twice the period of no enrollment, and to exclude periods of COBRA, retiree, and VA coverage from such late enrollment penalty.
U.S. House of Representatives
2019-03-14
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. 1788IN THE HOUSE OF REPRESENTATIVESMarch 14, 2019Ms. Hill of California (for herself, Mr. Nadler, Mr. Garamendi, Ms. Norton, Ms. Brownley of California, Mrs. Trahan, Mr. Perlmutter, Mr. Cox of California, Ms. Schakowsky, Mr. Rouda, Ms. Lofgren, Ms. Kuster of New Hampshire, Ms. Underwood, Mr. Rose of New York, and Mr. Babin) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to limit the penalty for late enrollment under part
			 B of the Medicare Program to 15 percent and twice the period of no
			 enrollment, and to exclude periods of COBRA, retiree, and VA coverage from
			 such late enrollment penalty.

		1.Limiting Medicare part B late enrollment penalty to 15 percent and twice the period of no
			 enrollment
 (a)In generalThe first sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended by striking 10 percent of the monthly premium so determined for each full 12 months and inserting 15 percent of the monthly premium so determined for premiums paid during a period equal to twice the number of months in each of the full periods of 12 months.
 (b)Conforming amendmentsSection 1818 of the Social Security Act (42 U.S.C. 1395i–2) is amended— (1)in subsection (c)(6), by striking and shall only apply to premiums paid during a period equal to twice the number of months in the full 12-month periods described in that section and; and
 (2)in subsection (g)(2)(B), by striking by substituting and all that follows and inserting the following: by substituting section 1818 (without any increase resulting from the application of section 1839(b) to such section 1818) for section 1839 (without any increase under subsection (b) thereof)..
				(c)Effective date
 (1)In generalThe amendments made by this section shall apply to premiums paid for months beginning after the end of the 90-day period beginning on the date of the enactment of this Act.
 (2)ClarificationIn applying these amendments, months (before, during, or after the month in which this Act is enacted) in which an individual was or is required to pay an increased premium shall be taken into account in determining the month in which the premium will no longer be subject to an increase.
				2.Exclusion of periods of COBRA, retiree, and VA coverage from Medicare part B late enrollment
			 penalty
 (a)In generalThe second sentence of section 1839(b) of the Social Security Act (42 U.S.C. 1395r(b)) is amended— (1)by striking by reason of the individual’s (or the individual’s spouse’s) current employment; and
 (2)by inserting or months for which the individual can demonstrate that the individual had coverage under chapter 17 of title 38, United States Code before the period at the end.
 (b)Effective dateThe amendments made by subsection (a) shall apply to premiums paid for months beginning after the end of the 90-day period beginning on the date of the enactment of this Act.
			3.Special enrollment period for individuals whose COBRA or retiree coverage terminates
 (a)In generalSection 1837(i) of the Social Security Act (42 U.S.C. 1395p(i)) is amended— (1)in the first sentence of paragraph (1), by striking by reason of the individual's (or the individual’s spouse’s) current employment status in subparagraph (A);
 (2)in the first sentence of paragraph (2) by striking by reason of the individual's (or the individual’s spouse’s) current employment status each place it appears in subparagraphs (B) and (C); and (3)in paragraph (3)(A) by striking by reason of current employment status.
 (b)Effective dateThe amendments made by subsection (a) shall apply to terminations of coverage occurring after the end of the 90-day period beginning on the date of the enactment of this Act.


116 S4187 : Intercity Passenger Rail Trust Fund Act
U.S. Senate
2020-07-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS2d SessionS. 4187IN THE SENATE OF THE UNITED STATESJuly 2, 2020Mr. Blumenthal (for himself and Mr. Udall) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksJuly 27, 2020Committee discharged; referred to the Committee on Commerce, Science, and TransportationA BILLTo establish the Intercity Passenger Rail Trust Fund to ensure a safe, sustainable, convenient transportation option for the people of the United States, and for other purposes.1.Short titleThis Act may be cited as the Intercity Passenger Rail Trust Fund Act.2.FindingsCongress makes the following findings:(1)An effective transportation system for the Nation requires dedicated, predictable Federal funding for various capital and operating expenses, as demonstrated by the Highway Trust Fund, which supports all Federal highway programs, most public transit programs, and many Federal transportation safety programs.(2)Intercity passenger rail is the only surface transportation mode in the United States that—(A)does not receive any Federal funding through a trust fund for capital investment; and(B)is completely dependent on annual discretionary appropriations for both its capital expenses and its operating costs.(3)In fiscal year 2019, Amtrak experienced record ridership, a historic low operating loss, and a record capital spend rate.(4)In markets with sufficient infrastructure and train frequency, Amtrak has proven to be an effective mode of transportation compared to commercial air and bus service and private automobile use.(5)Intercity passenger rail offers substantial safety, energy, and environmental advantages compared to most other transportation modes, but decades of insufficient capital funding has drastically limited the role that intercity passenger rail can play in the Nation’s overall transportation network.(6)There are critical capital needs for the Northeast Corridor and the National Network, including infrastructure, fleet, stations, and facilities.(7)Adding to the urgency of these capital investment needs, due to changing demographics, population growth, urbanization, and changing travel trends, intercity passenger rail will be needed to help move our Nation into the future. (8)For these reasons, an Intercity Passenger Rail Trust Fund is needed now, more than ever, to ensure a safe, sustainable, convenient transportation option for the people of the United States.3.Intercity Passenger Rail Trust Fund(a)In generalSubchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following:9512.Intercity Passenger Rail Trust Fund(a)EstablishmentThere is established in the Treasury of the United States a trust fund, which shall be known as the Intercity Passenger Rail Trust Fund, consisting of such amounts as may be appropriated or credited to the Intercity Passenger Railroad Trust Fund as provided in this section and section 9602(b).(b)Transfer to Intercity Passenger Rail Trust Fund(1)In generalThere is hereby appropriated to the Intercity Passenger Rail Trust Fund for fiscal year 2021, and for each fiscal year thereafter, an amount equal to 50 percent of the average annual amounts appropriated to the Highway Trust Fund under section 9503 for fiscal years 2008 through 2020.(2)Authorization of appropriation of additional sumsThere are hereby authorized to be appropriated to the Intercity Passenger Rail Trust Fund such additional sums as may be required to make the expenditures referred to in subsection (c).(c)Expenditures from the Intercity Passenger Rail Trust FundAmounts in the Intercity Passenger Rail Trust Fund shall be available for obligation without further appropriations action for making expenditures to carry out section 24314 of title 49..(b)Clerical amendmentThe table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:Sec. 9512. Intercity Passenger Rail Trust Fund..4.Intercity Passenger Rail Trust Fund expenditures(a)In generalChapter 243 of title 49, United States Code, is amended by inserting after section 24313 the following:24314.Intercity Passenger Rail Trust Fund expenditures(a)Expenditures from the Intercity Passenger Rail Trust FundAmounts deposited into the Intercity Passenger Rail Trust Fund each fiscal year pursuant to section 9512(b) of the Internal Revenue Code of 1986 shall be available for obligation, without further appropriation, in accordance with the ratios set forth in subsection (b). Amounts made available under this section shall remain available until expended.(b)Intercity Passenger Rail Trust Fund expenditure ratiosThe Secretary may use amounts deposited into the Intercity Passenger Rail Trust Fund each fiscal year to award grants to Amtrak, in accordance with the process described in section 24319. Of the grant funds awarded pursuant to this subsection—(1)40 percent shall be used for activities associated with the Northeast Corridor; and(2)60 percent shall be used for activities associated with the National Network.(c)Savings provisionNothing in this section may be construed as prohibiting discretionary funding from being provided to Amtrak..(b)Conforming amendmentThe analysis for chapter 243 of title 49, United States Code, is amended by inserting after the item relating to section 24313 the following:24314. Intercity Passenger Rail Trust Fund expenditures..