110 HR 2367 IH: Ensuring Access to Contraceptives Act

U.S. House of Representatives
2007-05-17
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. 2367
		IN THE HOUSE OF REPRESENTATIVES

			May 17, 2007
			Mr. Carnahan (for
			 himself, Ms. Lee,
			 Mr. Ryan of Ohio,
			 Mr. Crowley,
			 Mr. Moore of Kansas,
			 Ms. McCollum of Minnesota,
			 Mr. Shays,
			 Mr. Oberstar,
			 Mr. Michaud, and
			 Mr. McGovern) introduced the following
			 bill; which was referred to the Committee
			 on Foreign Affairs

		A BILL
		To amend the Foreign Assistance Act of 1961 to authorize
		  assistance to provide contraceptives in developing countries in order to
		  prevent unintended pregnancies, abortions, and the transmission of sexually
		  transmitted infections, including HIV/AIDS.

		1.Short titleThis Act may be cited as the
			 Ensuring Access to Contraceptives Act
			 of 2007.
		2.Findings and
			 purpose
			(a)FindingsCongress
			 makes the following findings:
				(1)A
			 deepening crisis in developing countries with respect to the availability of
			 contraceptives needed for family planning, safe motherhood services, HIV/AIDS
			 prevention, and other vital reproductive health care threatens the health and
			 lives of millions of people.
				(2)In the next ten to
			 fifteen years, the largest-ever generation of young people will enter their
			 reproductive years. For example, the number of women of reproductive age is
			 projected to double in Nigeria in the next 25 years. This demographic shift,
			 combined with increased demand for modern methods of family planning, will
			 increase worldwide the number of people who desire to use contraception by 40
			 percent.
				(3)The gap between
			 the need for contraceptives and funding for such contraceptives is projected to
			 reach hundreds of millions of United States dollars annually by 2015.
				(4)According to
			 estimates based on national surveys, more than 200 million women in developing
			 countries wish to delay or end childbearing but do not have access to modern
			 contraceptives.
				(5)An estimated 40
			 percent of married couples in Haiti, 36 percent of married couples in Ethiopia,
			 and 32 percent of married couples in Pakistan do not have access to
			 contraceptives. In each of these countries, average birth rates among women are
			 two to three times average birth rates in the United States.
				(6)Access to family
			 planning and contraceptives is essential in reducing unintended pregnancies
			 and, as a result, reducing rates of abortion.
				(7)The provision of modern contraceptives to
			 the more than 200 million women in developing countries who desire such
			 contraceptives would avert approximately 52 million pregnancies each year, and
			 as a result, would prevent an estimated 23 million unplanned births, 22 million
			 induced abortions, 7 million spontaneous abortions, 1.4 million infant deaths,
			 142,000 pregnancy-related deaths, and 505,000 children from losing their
			 mothers.
				(8)In
			 January 2001, the White House reaffirmed President George W. Bush’s commitment
			 to United States family planning assistance efforts, stating that [the
			 President] knows that one of the best ways to prevent abortion is by providing
			 quality voluntary family planning services.
				(9)Experiences in a
			 number of countries in recent years indicate that when long-term, effective
			 family planning methods are available, abortion rates decline, sometimes
			 drastically. For example, between 1988 and 2001, the use of modern
			 contraceptives increased in Russia by 74 percent, while the abortion rate
			 declined by 61 percent. Similar experiences in Bangladesh, Bulgaria, Chile,
			 Estonia, Hungary, Latvia, and Romania have shown that increased use of
			 contraceptives is accompanied by a decline in abortion rates.
				(10)In addition to
			 reducing unintended pregnancies and abortions, condoms are a vital component in
			 limiting the spread of HIV/AIDS. Consequently, the HIV/AIDS pandemic is
			 contributing to an increased demand for reproductive health supplies.
				(11)The vast majority
			 of HIV infections are sexually transmitted and condoms are currently the only
			 contraceptive that can protect against this form of HIV transmission. Condoms
			 remain an important intervention in multisectoral approaches to HIV/AIDS
			 prevention, along with programs that promote abstinence and monogamy.
				(12)In sub-Saharan
			 Africa, where HIV prevalence rates can reach 40 percent of the adult population
			 and women constitute 60 percent of people living with HIV/AIDS, donors provide
			 an average of only 5.5 condoms per adult male annually.
				(13)Not only does
			 contraceptive use prevent unintended pregnancies among HIV-positive women, it
			 does so at a lower cost than the use of the nevirapine alone. In fact, adding
			 family planning services to Prevention of Mother to Child Transmission (PMTCT)
			 programs can achieve the same effect as increasing drug coverage but at a lower
			 cost. For the same cost, family planning services can avert nearly 30 percent
			 more HIV-positive births than antiretroviral drugs.
				(14)In addition to
			 reducing rates of abortion and HIV/AIDS, access to contraceptives and other
			 reproductive health care services saves the lives of mothers and children by
			 helping women avoid high risk pregnancies. An increase in the use of
			 contraceptives, which allow women to space the births of their children over
			 safe intervals, have been proven to reduce maternal and child mortality.
				(15)Complications
			 resulting from pregnancy and childbirth are the leading causes of death and
			 disability for women in developing countries, resulting in more than 500,000
			 deaths each year. Almost one-third of maternal deaths and illnesses related to
			 pregnancy could be avoided if women in developing countries had access to
			 modern, safe, and effective contraceptives and other reproductive health care
			 services.
				(16)Access to contraceptives and other
			 reproductive health care services are also needed to help ease growing
			 population pressures on cropland, freshwater, and other finite natural
			 resources. In many biologically rich areas, there is little or no access to the
			 health services that allow women and couples to space or limit births.
			 Consequently, the population in these ecologically sensitive areas is growing
			 nearly 40 percent faster than that of the world as a whole.
				(17)The shortfall in reproductive health care
			 services is chronic and growing. The cost of contraceptives needed for family
			 planning and condoms for HIV/AIDS prevention in developing countries is
			 projected to increase from $1.3 billion in 2005 to $1.8 billion in 2015. In
			 spite of this upward trend, donor support for contraceptives in 2005, $213
			 million, was only 16 percent of overall funding needs.
				(18)The consequences
			 of the shortfall in reproductive health care services are devastating. For
			 every shortfall of $1 million in funding for contraceptives, an estimated
			 360,000 additional unintended pregnancies, 150,000 additional induced
			 abortions, 800 additional maternal deaths, and 11,000 additional infant deaths
			 occur.
				(19)Although the
			 United States should be commended for its leadership role with respect to the
			 availability of reproductive health services in developing countries, United
			 States support for such services, including funding, has not kept pace with the
			 increase in demand for contraceptives, which has resulted from the large number
			 of youth entering reproductive age and the HIV/AIDS pandemic. Since 1995,
			 United States bilateral assistance for international family planning programs
			 has decreased by 41 percent (adjusted for inflation) despite an increase of
			 more than 275 million women of reproductive age worldwide.
				(20)In addition to
			 the shortfall in funding by the United States for reproductive health care
			 services, United States policy restrictions have reduced donations of
			 contraceptives for developing countries.
				(21)Widely shared
			 goals of reducing the need for abortion and reducing the spread of HIV/AIDS are
			 unlikely to be achieved when United States-donated contraceptives are subject
			 to policy restrictions, such as the Mexico City Policy, that limit access to
			 such contraceptives.
				(22)The Mexico City
			 Policy, which was reinstated in 2001, limits access to contraceptives by
			 prohibiting United States family planning assistance to foreign nongovernmental
			 organizations that use funding from any source to provide abortion services,
			 counseling, or referral or to lobby to make abortion legal or more available in
			 their own country.
				(23)The Mexico City
			 Policy has exacerbated the existing shortage of contraceptives by ending
			 shipments of United States-donated contraceptives to 20 developing countries in
			 Africa, Asia, and the Middle East.
				(24)As an example, the
			 Mexico City Policy has forced eight family planning clinics serving thousands
			 of poor women in Kenya to close. Consequently, women’s access to
			 contraceptives, gynecologic and obstetric care, screening, and treatment for
			 sexually transmitted infections, and voluntary counseling and testing for
			 HIV/AIDS in Kenya has been severely disrupted.
				(b)PurposeThe
			 purpose of this Act is to authorize assistance to provide contraceptives in
			 developing countries in order to prevent unintended pregnancies, abortions, and
			 the transmission of sexually transmitted infections, including HIV/AIDS.
			3.Assistance To
			 provide contraceptives in developing countriesSection 104 of Foreign Assistance Act of
			 1961 (22 U.S.C. 2151b) is amended—
			(1)by redesignating
			 subsection (g) as subsection (h); and
			(2)by inserting after
			 subsection (f) the following new subsection:

					(g)Assistance to
				provide contraceptives in developing countries
						(1)AssistanceThe President, acting through the
				Administrator of the United States Agency for International Development, shall
				furnish assistance to provide contraceptives in developing countries in order
				to prevent unintended pregnancies, abortions, and the transmission of sexually
				transmitted infections, including HIV/AIDS.
						(2)Eligibility of
				nongovernmental organizationsNotwithstanding any other provision
				of law, regulation, or policy, in determining eligibility for assistance to
				provide contraceptives in developing countries under this subsection, a
				nongovernmental organization shall not be subject to requirements relating to
				the use of non-United States Government funds that are more restrictive than
				requirements relating to the use of non-United States Government funds that
				apply to foreign governments with respect to eligibility for assistance under
				this subsection.
						(3)Authorization of
				appropriations
							(A)In
				generalThere are authorized
				to be appropriated to the President to carry out this subsection $150,000,000
				for each of the fiscal years 2008 and 2009.
							(B)Additional
				authoritiesAmounts appropriated pursuant to the authorization of
				appropriations under subparagraph (A)—
								(i)may be referred to
				as the Reproductive Health Supplies Fund;
								(ii)are authorized to
				remain available until expended; and
								(iii)are in addition
				to amounts otherwise available for such
				purposes.
								.


113 S691 PCS: High-Capacity Ammunition Magazine Ban of 2013
U.S. Senate

text/xml
EN
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		II
		Calendar No. 36
		113th CONGRESS
		1st Session
		S. 691
		IN THE SENATE OF THE UNITED STATES

			April 9, 2013
			Mr. Blumenthal (for
			 Mr. Lautenberg (for himself,
			 Mrs. Feinstein, Mr. Blumenthal, Mr.
			 Murphy, Mr. Whitehouse,
			 Mr. Cowan, Ms.
			 Hirono, Mr. Kaine,
			 Mr. Merkley, and
			 Mr. Rockefeller)) introduced the
			 following bill; which was read the first time

			April 10, 2013
			Read the second time and placed on the
			 calendar

		A BILL
		To regulate large capacity ammunition feeding
		  devices.

		1.Short titleThis Act may be cited as the
			 High-Capacity Ammunition Magazine Ban
			 of 2013.
		2.DefinitionsSection 921(a) of title 18, United States
			 Code, is amended by inserting after paragraph (29) the following:

				(30)The term large capacity
				ammunition feeding device—
					(A)means a magazine, belt, drum, feed
				strip, or similar device, including any such device joined or coupled with
				another in any manner, that has an overall capacity of, or that can be readily
				restored, changed, or converted to accept, more than 10 rounds of ammunition;
				and
					(B)does not include an attached tubular
				device designed to accept, and capable of operating only with, .22 caliber
				rimfire ammunition.
					(31)The term qualified law
				enforcement officer has the meaning given the term in section
				926B.
				.
		3.Restrictions on
			 large capacity ammunition feeding devices
			(a)In
			 generalSection 922 of title
			 18, United States Code, is amended by inserting after subsection (u) the
			 following:

					(v)(1)It shall be unlawful
				for a person to import, sell, manufacture, transfer, or possess, in or
				affecting interstate or foreign commerce, a large capacity ammunition feeding
				device.
						(2)Paragraph (1) shall not apply to the
				possession of any large capacity ammunition feeding device otherwise lawfully
				possessed on or before the date of enactment of the
				High-Capacity Ammunition Magazine Ban of
				2013.
						(3)Paragraph (1) shall not apply
				to—
							(A)the importation for, manufacture for,
				sale to, transfer to, or possession by the United States or a department or
				agency of the United States or a State or a department, agency, or political
				subdivision of a State, or a sale or transfer to or possession by a qualified
				law enforcement officer employed by the United States or a department or agency
				of the United States or a State or a department, agency, or political
				subdivision of a State for purposes of law enforcement (whether on or off
				duty), or a sale or transfer to or possession by a campus law enforcement
				officer for purposes of law enforcement (whether on or off duty);
							(B)the importation for, or sale or
				transfer to a licensee under title I of the Atomic Energy Act of 1954 for
				purposes of establishing and maintaining an on-site physical protection system
				and security organization required by Federal law, or possession by an employee
				or contractor of such licensee on-site for such purposes or off-site for
				purposes of licensee-authorized training or transportation of nuclear
				materials;
							(C)the possession, by an individual who
				is retired in good standing from service with a law enforcement agency and is
				not otherwise prohibited from receiving ammunition, of a large capacity
				ammunition feeding device—
								(i)sold or transferred to the
				individual by the agency upon such retirement; or
								(ii)that the individual purchased, or
				otherwise obtained, for official use before such retirement; or
								(D)the importation, sale, manufacture,
				transfer, or possession of any large capacity ammunition feeding device by a
				licensed manufacturer or licensed importer for the purposes of testing or
				experimentation authorized by the Attorney General.
							(4)For purposes of paragraph (3)(A), the
				term campus law enforcement officer means an individual who
				is—
							(A)employed by a private institution of
				higher education that is eligible for funding under title IV of the Higher
				Education Act of 1965 (20 U.S.C. 1070 et seq.);
							(B)responsible for the prevention or
				investigation of crime involving injury to persons or property, including
				apprehension or detention of persons for such crimes;
							(C)authorized by Federal, State, or local
				law to carry a firearm, execute search warrants, and make arrests; and
							(D)recognized, commissioned, or certified
				by a government entity as a law enforcement
				officer.
							.
			(b)Identification
			 markings for large capacity ammunition feeding devicesSection
			 923(i) of title 18, United States Code, is amended by adding at the end the
			 following: A large capacity ammunition feeding device manufactured after
			 the date of enactment of the High-Capacity
			 Ammunition Magazine Ban of 2013 shall be identified by a serial
			 number and the date on which the device was manufactured or made, legibly and
			 conspicuously engraved or cast on the device, and such other identification as
			 the Attorney General shall by regulations prescribe..
			(c)Seizure and
			 forfeiture of large capacity ammunition feeding devicesSection
			 924(d) of title 18, United States Code, is amended—
				(1)in paragraph
			 (1)—
					(A)by inserting
			 or large capacity ammunition feeding device after firearm
			 or ammunition each place the term appears;
					(B)by inserting
			 or large capacity ammunition feeding device after
			 firearms or ammunition each place the term appears; and
					(C)by striking
			 or (k) and inserting (k), or (v);
					(2)in paragraph
			 (2)(C), by inserting or large capacity ammunition feeding
			 devices after firearms or quantities of ammunition;
			 and
				(3)in paragraph
			 (3)(E), by inserting 922(v), after
			 922(n),.
				4.PenaltiesSection 924(a)(1)(B) of title 18, United
			 States Code, is amended by striking or (q) and inserting
			 (q), or (v).
		5.Use of Byrne
			 grants for buy-back programs for large capacity ammunition feeding
			 devicesSection 501(a)(1) of
			 the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(a)(1))
			 is amended by adding at the end the following:

				(H)Compensation for surrendered large capacity
				ammunition feeding devices, as that term is defined in section 921 of title 18,
				United States Code, under buy-back programs for large capacity ammunition
				feeding
				devices.
				.
		6.SeverabilityIf any provision of this Act, an amendment
			 made by this Act, or the application of such provision or amendment to any
			 person or circumstance is held to be unconstitutional, the remainder of this
			 Act, the amendments made by this Act, and the application of such provision or
			 amendment to any person or circumstance shall not be affected thereby.

		April 10, 2013
		Read the second time and placed on the
		  calendar


 S142 ENR: Child Nicotine Poisoning Prevention Act of 2015
U.S. Senate

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EN
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One Hundred Fourteenth Congress of the United States of America2d SessionBegun and held at the City of Washington on Monday, the fourth day of January, two thousand and
			 sixteenS. 142IN THE SENATE OF THE UNITED STATESAN ACTTo require special packaging for liquid nicotine containers, and for other purposes.

 1.Short titleThis Act may be cited as the Child Nicotine Poisoning Prevention Act of 2015. 2.Special packaging for liquid nicotine containers (a)RequirementNotwithstanding section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), any nicotine provided in a liquid nicotine container sold, offered for sale, manufactured for sale, distributed in commerce, or imported into the United States shall be packaged in accordance with the standards provided in section 1700.15 of title 16, Code of Federal Regulations, as determined through testing in accordance with the method described in section 1700.20 of title 16, Code of Federal Regulations, and any subsequent changes to such sections adopted by the Commission.
			(b)Savings clause
 (1)In generalNothing in this Act shall be construed to limit or otherwise affect the authority of the Secretary of Health and Human Services to regulate, issue guidance, or take action regarding the manufacture, marketing, sale, distribution, importation, or packaging, including child-resistant packaging, of nicotine, liquid nicotine, liquid nicotine containers, electronic cigarettes, electronic nicotine delivery systems or other similar products that contain or dispense liquid nicotine, or any other nicotine-related products, including—
 (A)authority under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and the Family Smoking Prevention and Tobacco Control Act (Public Law 111–31) and the amendments made by such Act; and
 (B)authority for the rulemaking entitled Deeming Tobacco Products to Be Subject to the Federal Food, Drug, and Cosmetic Act, as Amended by the Family Smoking Prevention and Tobacco Control Act; regulations on the Sale and Distribution of Tobacco Products and the Required Warning Statements for Tobacco Products (April 2014) (FDA–2014–N–0189), the rulemaking entitled Nicotine Exposure Warnings and Child-Resistant Packaging for Liquid Nicotine, Nicotine-Containing E-Liquid(s), and Other Tobacco Products (June 2015) (FDA–2015–N–1514), and subsequent actions by the Secretary regarding packaging of liquid nicotine containers.
 (2)ConsultationIf the Secretary of Health and Human Services adopts, maintains, enforces, or imposes or continues in effect any packaging requirement for liquid nicotine containers, including a child-resistant packaging requirement, the Secretary shall consult with the Commission, taking into consideration the expertise of the Commission in implementing and enforcing this Act and the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471 et seq.).
 (c)ApplicabilityNotwithstanding section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)) and section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)), the requirement of subsection (a) shall be treated as a standard for the special packaging of a household substance established under section 3(a) of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1472(a)).
 (d)DefinitionsIn this section: (1)CommissionThe term Commission means the Consumer Product Safety Commission.
				(2)Liquid nicotine container
 (A)In generalNotwithstanding section 2(f)(2) of the Federal Hazardous Substances Act (15 U.S.C. 1261(f)(2)) and section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)), the term liquid nicotine container means a package (as defined in section 2 of the Poison Prevention Packaging Act of 1970 (15 U.S.C. 1471))—
 (i)from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and
 (ii)that is used to hold soluble nicotine in any concentration. (B)ExclusionThe term liquid nicotine container does not include a sealed, pre-filled, and disposable container of nicotine in a solution or other form in which such container is inserted directly into an electronic cigarette, electronic nicotine delivery system, or other similar product, if the nicotine in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.
 (3)NicotineThe term nicotine means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived.
 3.Effective dateThis Act shall take effect on the date that is 180 days after the date of the enactment of this Act.Speaker of the House of RepresentativesVice President of the United States and President of the Senate


117 HR 902 IH: Decreasing Employees Burdensome Taxes from Student Loans Act of 2021
U.S. House of Representatives
2021-02-05
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EN
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I117th CONGRESS1st SessionH. R. 902IN THE HOUSE OF REPRESENTATIVESFebruary 5, 2021Mr. Stivers (for himself and Miss Rice of New York) introduced the following bill; which was referred to the Committee on Ways and MeansA BILLTo amend the Internal Revenue Code of 1986 to expand the exclusion for employer-provided educational assistance and to expand the availability of the student loan interest deduction.1.Short titleThis Act may be cited as the Decreasing Employees Burdensome Taxes from Student Loans Act of 2021 or the DEBT Act of 2021.2.Exclusion for employer payment of qualified education loans(a)In generalSection 127(c)(1) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph:(B)the payment by an employer, whether paid to the employee or to a lender, of principal or interest on any qualified education loan (as defined in section 221(d)(1)) incurred by the employee, and.(b)Denial of double benefitSection 221(e)(1) of such Code is amended by inserting before the period at the end the following: , or for any amount which is excludable from gross income under section 127(c)(1)(B).(c)Effective dateThe amendments made by this section shall apply to payments made by employers after December 31, 2021.3.Increase in maximum amount excludable under educational assistance programs(a)In generalThe text of paragraph (2) of section 127(a) of the Internal Revenue Code of 1986 is amended by striking $5,250 both places it appears and inserting $10,000.(b)Conforming amendmentThe heading for section 127(a)(2) of such Code is amended by striking $5,250 maximum and inserting Maximum.(c)Effective dateThe amendments made by this section shall apply to payments made by employers after December 31, 2021.4.Modification of deduction for interest on education loans(a)Increased maximum deductionSection 221(b)(1) of the Internal Revenue Code of 1986 is amended by striking $2,500 and inserting $5,000.(b)Increased income limitationSection 221(b)(2)(B)(ii) of such Code is amended by striking $15,000 ($30,000 and inserting $85,000 ($115,000.(c)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2021.


114 S2163 IS: Streamlining and Investing in Broadband Infrastructure Act
U.S. Senate
2015-10-07
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		II
		114th CONGRESS1st Session
		S. 2163
		IN THE SENATE OF THE UNITED STATES

			October 7, 2015
			Ms. Klobuchar (for herself, Mr. Daines, and Mr. Gardner) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

		A BILL
		To amend title 23, United States Code, to direct the Secretary of Transportation to require that
			 broadband conduits be installed as a part of certain highway construction
			 projects, and for other purposes.

		1.Short title
 This Act may be cited as the Streamlining and Investing in Broadband Infrastructure Act.
 2.Improving coordination at State levelThe Administrator of the National Telecommunications and Information Administration shall develop and issue best practices relating to broadband infrastructure and installation for State broadband coordination offices, with an emphasis on rural areas.
		3.Inclusion of
		broadband conduit installation in certain highway construction
		projects
 (a)In generalChapter 3 of title 23, United States Code, is amended by adding at the end the following:

					330.Inclusion of
		  broadband conduit installation in certain highway construction
		  projects
 (a)DefinitionsIn this section:
 (1)BroadbandThe term broadband means an Internet Protocol-based transmission service that enables users to send and receive voice, video, data, or graphics, or a combination of those items.
							(2)Broadband
 conduitThe term broadband conduit means a conduit for materials that support broadband or, where appropriate, wireless facilities for broadband service.
							(3)Covered highway
 construction projectThe term covered highway construction project means a project to construct a new highway or to construct an additional lane for an existing highway that—
 (A)is commenced after the date of enactment of this section; and
 (B)receives funding under this title. (b)RequirementThe Secretary shall require States to install 1 or more broadband conduits in accordance with this section as part of any covered highway construction project.
						(c)Installation
 requirementsIn carrying out subsection (b), the Secretary shall ensure, to the maximum extent practicable with respect to a covered highway construction project, that—
 (1)an appropriate number of broadband conduits, as determined by the Secretary, are installed along the highway to accommodate multiple broadband providers, with consideration given to the availability of existing conduits;
 (2)the size of each such conduit is consistent with industry best practices and is sufficient to accommodate potential demand, as determined by the Secretary; and
 (3)hand holes and manholes for fiber access and pulling with respect to each such conduit are placed at intervals consistent with industry best practices, as determined by the Secretary.
							(d)Standards
 (1)In generalIn establishing standards to carry out subsection (c), the Secretary shall take into consideration—
 (A)population density in the area of a covered highway construction project;
 (B)the type of highway involved in the project; and
 (C)existing broadband access in the area of the project.
 (2)Rural areasThe Secretary shall ensure that the standards established to carry out subsection (c) apply to all areas, including rural and remote areas with low population density.
							(e)Pull
 tapeEach broadband conduit installed pursuant to this section shall include a pull tape and be capable of supporting fiber optic cable placement techniques consistent with industry best practices, as determined by the Secretary.
 (f)AccessThe Secretary shall ensure that any requesting broadband provider has access to each broadband conduit installed pursuant to this section, on a competitively neutral and nondiscriminatory basis, for a charge not to exceed a cost-based rate.
						(g)Depth of
 installationEach broadband conduit installed pursuant to this section shall be placed at a depth consistent with industry best practices, as determined by the Secretary, after consideration is given to the location of existing utilities and the cable separation requirements of State and local electrical codes.
						(h)Waiver
 authorityThe Secretary may waive the application of this section or any provision of this section if the Secretary determines that, upon a showing of undue burden or that a covered highway construction project is not necessary based on the availability of existing broadband conduit infrastructure, cost-benefit analysis, or consideration of other relevant factors, the waiver is appropriate with respect to a covered highway construction project.
						(i)Coordination
 with FCC and NTIA AdministratorIn carrying out this section, the Secretary shall coordinate with the Federal Communications Commission and the Administrator of the National Telecommunications and Information Administration, including with respect to determinations regarding—
 (1)potential demand under subsection (c)(2);
 (2)existing broadband access under subsection (d)(1)(C);
 (3)pull tape requirements under subsection (e); and
 (4)depth-of-installation standards under subsection (g).
 (j)RegistryNot later than 1 year after the date of enactment of this section, the Secretary shall establish and maintain a registry that contains information regarding the broadband conduit projects carried out under this section.
						.
 (b)Conforming amendmentThe analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following:

						330. Inclusion of broadband conduit
		  installation in certain highway construction
		  projects..
 4.Report to CongressNot later than 2 years after the date of enactment of this Act, and every 2 years thereafter until the date that is 10 years after the date of enactment of this Act, the Secretary of Transportation shall submit to Congress a report on the implementation and installation of broadband conduit projects under section 330 of title 23, United States Code.
		5.Telecommunications facilities deployment
 (a)In generalSection 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) is amended by striking subsections (b) through (d) and inserting the following:

					(b)Federal lands
 (1)DefinitionsIn this subsection— (A)the term Administrator means the Administrator of General Services;
 (B)the term communications facility installation includes— (i)any wireless or wireline infrastructure for the transmission of writing, signs, signals, data, images, pictures, and sounds of all kinds;
 (ii)the transmitting device, tower, or support structure, and any equipment, switches, wiring, cabling, power sources, shelters, or cabinets, associated with the provision of communications services; and
 (iii)any antenna or apparatus that— (I)is designed for the purpose of emitting radio frequency;
 (II)is designed to be operated, or is operating, from a fixed location pursuant to authorization by the Commission; and
 (III)is added to a tower, building, or other structure; (C)the term covered agency means—
 (i)the Department of Defense; (ii)the Department of the Interior;
 (iii)the Department of Agriculture; (iv)the Department of Commerce;
 (v)the Department of Transportation; (vi)the Department of Veterans Affairs;
 (vii)the United States Postal Service; (viii)the Federal Communications Commission;
 (ix)the Council on Environmental Quality; (x)the Advisory Council on Historic Preservation;
 (xi)the Department of Homeland Security; and (xii)the Executive Office of the President;
 (D)the term executive agency has the meaning given the term in section 102 of title 40, United States Code; and (E)the term placement, with respect to a communications facility installation, includes the installation, construction, modification, or maintenance of the communications facility installation.
							(2)Federal property
 (A)GrantIf an executive agency, a State, a political subdivision or agency of a State, or a person, firm, or organization applies for the grant of a real property interest, including a lease, license, easement, or right-of-way, to, in, over, or on a building or other property owned by the Federal Government for the right to install, construct, modify, and maintain a communications facility installation, the executive agency that owns the building or other property on behalf of the Federal Government shall grant to the applicant, if technically feasible, a real property interest to perform such installation, construction, modification, and maintenance.
							(B)Applications
 (i)Multiple tenantsCompetitive procurement requirements shall not apply to an application for a grant of a real property interest under subparagraph (A).
 (ii)Multiple grantsAn executive agency that owns a building or other property and receives applications described in subparagraph (A) for multiple grants of real property interests, either from the same applicant or different applicants, shall provide multiple grants if technically feasible.
								(iii)Determinations
 (I)In generalAn executive agency that receives an application for a grant of real property interest under subparagraph (A) shall make a determination as to whether to provide the grant not later than 90 days after the date on which the application is submitted.
 (II)Denial of grantIf an executive agency determines not to provide a grant of real property interest under subparagraph (A), the executive agency shall notify the applicant, in writing, of the reasons for the determination.
 (iv)Term of yearsThe standard term of the grant of a real property interest under subparagraph (A) shall be 25 years with allowances for reexamination of the fee schedule at the end of each 5-year period within the 25-year period.
 (v)RenewalThe grant of a real property interest shall enjoy an expectancy of renewal of the real property interest upon the expiration of the term described in clause (iv).
								(C)Fees
								(i)Standard fee
 (I)In generalNotwithstanding any other provision of law, the Administrator, in consultation with the head of each covered agency, shall establish a standard fee schedule for the grant of a real property interest under subparagraph (A) based on direct cost recovery.
									(II)Initial fee
 (aa)Amount of feeThe initial amount of the standard fee established under subclause (I) shall be equal to the average fee charged by the Federal Government for the grant of a real property interest for the placement of a communications facility installation during the most recent 3-year period.
 (bb)Publication of proposed feeNot later than 90 days after the date of enactment of the Streamlining and Investing in Broadband Infrastructure Act, the Administrator shall publish a notice in the Federal Register that— (AA)proposes an initial amount of the standard fee under subclause (I);
 (BB)describes the data on which the proposed initial amount is based; and
 (CC)invites public comment on the proposed initial amount. (cc)Deadline for finalized standard feeNot later than 150 days after the date of enactment of the Streamlining and Investing in Broadband Infrastructure Act, the Administrator shall publish a decision in the Federal Register that sets the initial amount of the standard fee.
 (III)Limit on annual increasesDuring any year, the Administrator may not increase the standard fee established under subclause (I) or clause (ii) by a percentage that is greater than the lower of—
 (aa)the percentage increase in the Consumer Price Index for All Urban Consumers (all items, United States city average) published by the Bureau of Labor Statistics for the most recent 12-month period; or
 (bb)3 percent. (ii)Agency-specific fee (I)In generalAn executive agency shall charge the standard fee established by the Administrator under clause (i) for a grant of a real property interest unless, not later than 90 days after the date on which the Administrator publishes the amount of the finalized initial fee under clause (i)(II)(cc), the executive agency establishes an agency-specific fee in an amount that is equal to the average fee charged by the executive agency for the placement of a communications facility installation during the most recent 3-year period.
 (II)Public commentDuring the process of establishing an agency-specific fee under subclause (I), an executive agency shall—
 (aa)make a description of the data on which the fee is based publically available; and (bb)allow opportunity for public comment.
 (iii)Entirety of feesThe Administrator or an executive agency may not charge any additional fee for the grant of a real property interest for the placement of a communications facility installation other than what has been established in the standard fee under clause (i) or an agency-specific fee established under clause (ii).
 (iv)WaiversIn consideration of the public benefit provided by a grant of a real property interest under subparagraph (A), the Administrator or an executive agency may grant a full or partial waiver of the fee required under clause (i) or (ii).
 (v)Use of fees collectedAny fee amount collected under this paragraph for the grant of a real property interest by an executive agency under subparagraph (A) shall be made available, as provided in appropriations Acts, to the executive agency to cover the cost of granting the real property interest.
								(3)Master contracts for communications facility installations
 (A)In generalNotwithstanding section 704 of the Telecommunications Act of 1996 or any other provision of law, the Administrator, in consultation with the head of each covered agency, shall—
 (i)not later than 60 days after the date of enactment of this subsection, develop and adopt 1 or more master application forms and standard contracts, including lease and easement contracts, for all executive agencies, that shall govern the placement of a communications facility installation to, in, over, or on a building or other property owned by the Federal Government;
 (ii)in developing the master application forms and standard contracts under subparagraph (A)— (I)include in each master application form or standard contract the standard fee schedule and standard fee established under paragraph (2)(C)(i)(I); and
 (II)standardize the treatment of— (aa)the placement of a communications facility installation to, in, over, or on the rooftop or facade of a building or inside a building;
 (bb)the technology used in connection with a communications facility installation placed on a Federal building or other property; and
 (cc)any other key issues the Administrator considers appropriate; (iii)not later than 30 days after the date on which the Administrator adopts the master application forms and standard contracts under clause (i), publish the master application forms and standard contracts in the Federal Register; and
 (iv)direct each executive agency to begin accepting the master application forms and standard contracts from applicants not later than 30 days after the date on which the Administrator adopts the master application forms and standard contracts under clause (i).
								(B)Applicability
 (i)In generalExcept as provided in clause (ii), the master application forms and standard contracts developed by the Administrator under subparagraph (A)(i) shall apply to each building or other property owned by the Federal Government.
 (ii)ExceptionIf the Administrator determines that the master application forms and standard contracts developed under subparagraph (A)(i) are not adequate for a specific building or other property, the Administrator shall—
 (I)not later than 10 days after the date on which the Administrator makes the determination, provide written notification to the applicant, which shall detail the reasons why the application forms and contracts are not adequate for a specific building or property; and
 (II)work in coordination with the heads of the appropriate agencies to address the inadequacies and provide, not later than 60 days after the date on which the notification was provided under subclause (I), an adequate application form or contract to the applicant.
 (C)Negotiation and approvalIf the Administrator fails to adopt master application forms and standard contracts as required under subparagraph (A)(i) during the 1-year period beginning on the date of enactment of the Streamlining and Investing in Broadband Infrastructure Act, beginning on the day after the expiration of that period and until the date on which the Administrator adopts such forms and contracts—
 (i)an applicant for a grant of a real property interest from an executive agency under paragraph (2)(A) may use an existing application form or contract with the executive agency; and
 (ii)the executive agency shall accept the existing application form or contract.
 (D)Escalation and reviewNot later than 60 days after the date of enactment of the Streamlining and Investing in Broadband Infrastructure Act, each executive agency shall establish a supervisory review process under which an executive working group or established agency executive with negotiation and approval authority shall review any communications facility installation application, lease, or easement if an applicant requests such review.
 (E)Incorporation of subsection (a)An executive agency may not deny, and shall approve, any eligible facilities request (as defined in subsection (a)(2)) for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of the tower or base station.
 (4)Progress reportsNot later than 90 days after the date of enactment of the Streamlining and Investing in Broadband Infrastructure Act, and every 2 years thereafter until the date that is 10 years after the date of enactment of that Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes, with respect to each executive agency—
 (A)the number of sites sought in applications for the placement of a communications facility installation, including upgrades and collocations;
 (B)the number of sites approved; and (C)the number of sites completed..
 (b)Savings provisionNotwithstanding the amendment made by subsection (a), an executive agency may make a grant of a real property interest and may collect fees in accordance with subsection (b) of section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)) (as in effect on the day before the date of enactment of this Act) until the effective date of the regulations issued by the head of the executive agency to carry out the amendment made by subsection (a).


110 HR 800 PCS: Employee Free Choice Act
U.S. House of Representatives
0
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
		Calendar No. 66
		110th CONGRESS
		1st Session
		H. R. 800
		IN THE SENATE OF THE UNITED
		  STATES

			March 1, 2007
			Received and read the first time

			March 2, 2007
			Read the second time and placed on the
			 calendar

		AN ACT
		To amend the National Labor Relations Act
		  to establish an efficient system to enable employees to form, join, or assist
		  labor organizations, to provide for mandatory injunctions for unfair labor
		  practices during organizing efforts, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Employee Free Choice Act
			 of 2007.
		2.Streamlining union
			 certification
			(a)In
			 generalSection 9(c) of the National Labor Relations Act
			 (29 U.S.C.
			 159(c)) is amended by adding at the end the following:

					(6)Notwithstanding any other provision
				of this section, whenever a petition shall have been filed by an employee or
				group of employees or any individual or labor organization acting in their
				behalf alleging that a majority of employees in a unit appropriate for the
				purposes of collective bargaining wish to be represented by an individual or
				labor organization for such purposes, the Board shall investigate the petition.
				If the Board finds that a majority of the employees in a unit appropriate for
				bargaining has signed valid authorizations designating the individual or labor
				organization specified in the petition as their bargaining representative and
				that no other individual or labor organization is currently certified or
				recognized as the exclusive representative of any of the employees in the unit,
				the Board shall not direct an election but shall certify the individual or
				labor organization as the representative described in subsection (a).
					(7)The Board shall develop guidelines
				and procedures for the designation by employees of a bargaining representative
				in the manner described in paragraph (6). Such guidelines and procedures shall
				include—
						(A)model collective bargaining
				authorization language that may be used for purposes of making the designations
				described in paragraph (6); and
						(B)procedures to be used by the Board to
				establish the validity of signed authorizations designating bargaining
				representatives.
						.
			(b)Conforming
			 amendments
				(1)National labor
			 relations BoardSection 3(b) of the National Labor Relations Act
			 (29 U.S.C.
			 153(b)) is amended, in the second sentence—
					(A)by striking
			 and to and inserting to; and
					(B)by striking
			 and certify the results thereof, and inserting , and to
			 issue certifications as provided for in that section,.
					(2)Unfair labor
			 practicesSection 8(b) of the National Labor Relations Act
			 (29 U.S.C.
			 158(b)) is amended—
					(A)in paragraph
			 (7)(B) by striking , or and inserting or a petition has
			 been filed under section 9(c)(6), or; and
					(B)in paragraph
			 (7)(C) by striking when such a petition has been filed and
			 inserting when such a petition other than a petition under section
			 9(c)(6) has been filed.
					3.Facilitating
			 initial collective bargaining agreementsSection 8 of the National Labor Relations
			 Act (29 U.S.C.
			 158) is amended by adding at the end the following:

				(h)Whenever collective
				bargaining is for the purpose of establishing an initial agreement following
				certification or recognition, the provisions of subsection (d) shall be
				modified as follows:
					(1)Not later than 10
				days after receiving a written request for collective bargaining from an
				individual or labor organization that has been newly organized or certified as
				a representative as defined in section 9(a), or within such further period as
				the parties agree upon, the parties shall meet and commence to bargain
				collectively and shall make every reasonable effort to conclude and sign a
				collective bargaining agreement.
					(2)If after the
				expiration of the 90-day period beginning on the date on which bargaining is
				commenced, or such additional period as the parties may agree upon, the parties
				have failed to reach an agreement, either party may notify the Federal
				Mediation and Conciliation Service of the existence of a dispute and request
				mediation. Whenever such a request is received, it shall be the duty of the
				Service promptly to put itself in communication with the parties and to use its
				best efforts, by mediation and conciliation, to bring them to agreement.
					(3)If after the
				expiration of the 30-day period beginning on the date on which the request for
				mediation is made under paragraph (2), or such additional period as the parties
				may agree upon, the Service is not able to bring the parties to agreement by
				conciliation, the Service shall refer the dispute to an arbitration board
				established in accordance with such regulations as may be prescribed by the
				Service. The arbitration panel shall render a decision settling the dispute and
				such decision shall be binding upon the parties for a period of 2 years, unless
				amended during such period by written consent of the
				parties.
					.
		4.Strengthening
			 enforcement
			(a)Injunctions
			 against unfair labor practices during organizing drives
				(1)In
			 generalSection 10(l) of the National Labor Relations Act
			 (29 U.S.C.
			 160(l)) is amended—
					(A)in the second
			 sentence, by striking If, after such and inserting the
			 following:

							(2)If, after
				such
							;
				and
					(B)by striking the
			 first sentence and inserting the following:

							(1)Whenever it is charged—
								(A)that any employer—
									(i)discharged or otherwise
				discriminated against an employee in violation of subsection (a)(3) of section
				8;
									(ii)threatened to discharge or to
				otherwise discriminate against an employee in violation of subsection (a)(1) of
				section 8; or
									(iii)engaged in any other unfair labor
				practice within the meaning of subsection (a)(1) that significantly interferes
				with, restrains, or coerces employees in the exercise of the rights guaranteed
				in section 7;
									while
				employees of that employer were seeking representation by a labor organization
				or during the period after a labor organization was recognized as a
				representative defined in section 9(a) until the first collective bargaining
				contract is entered into between the employer and the representative; or(B)that any person has engaged in an
				unfair labor practice within the meaning of subparagraph (A), (B) or (C) of
				section 8(b)(4), section 8(e), or section 8(b)(7);
								the
				preliminary investigation of such charge shall be made forthwith and given
				priority over all other cases except cases of like character in the office
				where it is filed or to which it is
				referred..
					(2)Conforming
			 amendmentSection 10(m) of the National Labor Relations Act
			 (29 U.S.C.
			 160(m)) is amended by inserting under circumstances not
			 subject to section 10(l) after section 8.
				(b)Remedies for
			 violations
				(1)BackpaySection
			 10(c) of the National Labor Relations Act (29 U.S.C. 160(c)) is amended by
			 striking And provided further, and inserting
			 Provided further, That if the Board finds that an
			 employer has discriminated against an employee in violation of subsection
			 (a)(3) of section 8 while employees of the employer were seeking representation
			 by a labor organization, or during the period after a labor organization was
			 recognized as a representative defined in subsection (a) of section 9 until the
			 first collective bargaining contract was entered into between the employer and
			 the representative, the Board in such order shall award the employee back pay
			 and, in addition, 2 times that amount as liquidated damages: Provided
			 further,.
				(2)Civil
			 penaltiesSection 12 of the National Labor Relations Act
			 (29 U.S.C.
			 162) is amended—
					(A)by striking
			 Any and inserting (a) Any; and
					(B)by adding at the
			 end the following:

							(b)Any employer who
				willfully or repeatedly commits any unfair labor practice within the meaning of
				subsections (a)(1) or (a)(3) of section 8 while employees of the employer are
				seeking representation by a labor organization or during the period after a
				labor organization has been recognized as a representative defined in
				subsection (a) of section 9 until the first collective bargaining contract is
				entered into between the employer and the representative shall, in addition to
				any make-whole remedy ordered, be subject to a civil penalty of not to exceed
				$20,000 for each violation. In determining the amount of any penalty under this
				section, the Board shall consider the gravity of the unfair labor practice and
				the impact of the unfair labor practice on the charging party, on other persons
				seeking to exercise rights guaranteed by this Act, or on the public
				interest.
							.

			Passed the House of
			 Representatives March 1, 2007.
			Lorraine C. Miller,
			Clerk.

		March 2, 2007
		Read the second time and placed on the
		  calendar


116 S3910 IS: COVID–19 as a Presumptive Disease in Wildland Firefighters Act
U.S. Senate
2020-06-08
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. 3910IN THE SENATE OF THE UNITED STATESJune 8, 2020Mr. Manchin (for himself and Mr. Udall) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo establish a presumption that certain firefighters who are Federal employees and have COVID–19 contracted that disease while in the performance of their official duties, and for other purposes.1.Short titleThis Act may be cited as the COVID–19 as a Presumptive Disease in Wildland Firefighters Act.2.COVID–19 and Federal firefighters(a)DefinitionsIn this section:(1)Fire seasonThe term fire season means the period beginning on May 15, 2020, and ending on November 15, 2020. (2)FirefighterThe term firefighter means an employee, as that term is defined in section 8101 of title 5, United States Code, who—(A)possesses a certification that qualifies the individual to work on a wildland fire incident (commonly known as an Incident Qualification Card); and(B)(i)occupies a position that identifies wildland firefighting as a primary job duty; or(ii)has been deployed to a wildland fire incident, as documented in—(I)a resource order; or(II)the Interagency Resource Ordering Capability system administered by the Secretary of Agriculture or the Secretary of the Interior.(3)SecretaryThe term Secretary means the Secretary of Labor, acting through the Director of the Office of Workers’ Compensation Programs of the Department of Labor.(4)Wildland fire incidentThe term wildland fire incident means a wildfire that—(A)occurs during the fire season; and(B)is—(i)tracked in the Integrated Reporting of Wildland-Fire Information service; or(ii)assigned a unique fire code by a geographic area coordination center.(b)Pre-Work testing(1)In generalConsistent with paragraph (2), the Secretary of the Interior and the Secretary of Agriculture shall ensure that each firefighter who is employed by the applicable agency—(A)is tested for— (i)COVID–19; or (ii)symptoms of COVID–19; or(B)self-quarantines for not less than 14 days and is determined to not have symptoms of COVID–19 through the use of a COVID–19 screening tool developed by the Secretary of the Interior and the Secretary of Agriculture.(2)Timing of actionThe Secretary of the Interior and the Secretary of Agriculture shall take the applicable action required under paragraph (1)—(A)with respect to a firefighter described in subsection (a)(2)(B)(i)—(i)before the beginning of the fire season; or(ii)before the firefighter performs any work as a firefighter during the fire season; and(B)with respect to a firefighter described in subsection (a)(2)(B)(ii), before the firefighter performs any work as a firefighter during a wildland fire incident.(c)Compensation for work injuries(1)In generalFor the purposes of sections 8103 and 8124 of title 5, United States Code, a firefighter described in paragraph (2) is deemed to have been injured while in the performance of the duty of the firefighter.(2)Eligibility(A)In generalA firefighter is described in this paragraph if—(i)(I)the firefighter records at a wildland fire incident, duty station, or medical facility—(aa)a fever of not less than 100.5 degrees Fahrenheit, as measured with a thermometer; and(bb)a blood-oxygen saturation level of less than 94 percent, as measured with a pulse oximeter;(II)a qualified physician issues a written opinion that the firefighter likely has COVID–19; or(III)the firefighter has a positive COVID–19 test result; and(ii)the qualifying event with respect to the firefighter under clause (i) occurs—(I)with respect to a firefighter described in subsection (a)(2)(B)(i), during the period beginning on the date on which the fire season begins and ending on the date that is 28 days after the date on which the fire season ends; and(II)with respect to a firefighter described in subsection (a)(2)(B)(ii), during the period beginning on the date on which the firefighter is deployed to the applicable wildland fire incident and ending on the date that is 28 days after the date on which that deployment ends.(B)ResearchThe Secretary of the Interior and the Secretary of Agriculture, in consultation with the Secretary, may— (i)research COVID–19 detection methods; and (ii)modify the list of symptoms described in subparagraph (A)(i)(I) if any findings made while conducting research performed under clause (i) of this subparagraph warrant such a modification. (3)Classification of injuryWith respect to a firefighter to whom the presumption under paragraph (1) applies, the injury suffered by the firefighter shall be considered to result from COVID–19.(4)Period of disabilityThe period of disability with respect to a firefighter to whom the presumption under paragraph (1) applies shall be determined in accordance with subchapter I of chapter 81 of title 5, United States Code, and the rules issued under that subchapter. (d)ClaimsThe Secretary may waive or modify the requirements under any of paragraphs (1) through (6) of section 8121 of title 5, United States Code, with respect to a firefighter to whom the presumption under subsection (c)(1) applies if the Secretary determines that such waiver or modification is necessary or appropriate in carrying out this section.(e)Authorization of proceduresThe Secretary shall expedite, to the maximum extent practicable, authorization for the furnishing of medical procedures and for bill processing relating to treatment of COVID–19 for a firefighter to whom the presumption under subsection (c)(1) applies.


109 HR 1059 IH: Military Readiness Enhancement Act of 2005
U.S. House of Representatives
2005-03-02
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.

I
109th CONGRESS
1st Session
H. R. 1059
IN THE HOUSE OF REPRESENTATIVES

March 2, 2005
Mr. Meehan (for himself, Mr. Abercrombie, Mr. Ackerman, Ms. Baldwin, Mr. Becerra, Mr. Berman, Ms. Berkley, Mr. Blumenauer, Mr. Brady of Pennsylvania, Mr. Capuano, Mrs. Capps, Mr. Crowley, Mr. Davis of Illinois, Ms. DeGette, Mr. Delahunt, Ms. DeLauro, Mr. Engel, Mr. Farr, Mr. Frank of Massachusetts, Ms. Harman, Mr. Hinchey, Ms. Norton, Mr. Holt, Mr. Honda, Mr. Israel, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas, Mr. Kucinich, Mr. Langevin, Mr. Lantos, Mr. Lewis of Georgia, Ms. Lee, Ms. Zoe Lofgren of California, Ms. McCollum of Minnesota, Mr. McDermott, Mr. McGovern, Mr. George Miller of California, Mr. Moran of Virginia, Mr. Nadler, Mr. Oberstar, Mr. Olver, Mr. Pallone, Ms. Roybal-Allard, Ms. Linda T. Sánchez of California, Mr. Sanders, Ms. Schakowsky, Mr. Shays, Ms. Solis, Mr. Stark, Mrs. Tauscher, Mr. Udall of Colorado, Mr. Van Hollen, Ms. Waters, Ms. Watson, Mr. Waxman, Mr. Wexler, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on Armed Services

A BILL
To amend title 10, United States Code, to enhance the readiness of the Armed Forces by replacing the current policy concerning homosexuality in the Armed Forces, referred to as Don’t Ask, Don’t Tell, with a policy of nondiscrimination on the basis of sexual orientation.

1.Short title This Act may be cited as the Military Readiness Enhancement Act of 2005.
2.Purpose The purpose of this Act is to institute in the Armed Forces a policy of nondiscrimination based on sexual orientation.
3.Repeal of 1993 policy concerning homosexuality in the Armed ForcesThe following provisions of law are repealed:
(1)Section 654 of title 10, United States Code.
(2)Subsections (b), (c), and (d) of section 571 of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 654 note).
4.Establishment of policy of nondiscrimination based on sexual orientation in the Armed Forces
(a)Establishment of policy
(1)Chapter 37 of title 10, United States Code, is amended by adding at the end the following new section:

656.Policy of nondiscrimination based on sexual orientation
(a)PolicyThe Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may not discriminate on the basis of sexual orientation against any member of the armed forces or against any person seeking to become a member of the armed forces.
(b)Discrimination on basis of sexual orientationFor purposes of this section, discrimination on the basis of sexual orientation is—
(1)in the case of a member of the armed forces, the taking of any personnel or administrative action (including any action relating to promotion, demotion, evaluation, selection for an award, selection for a duty assignment, transfer, or separation) in whole or in part on the basis of sexual orientation; and
(2)in the case of a person seeking to become a member of the armed forces, denial of accession into the armed forces in whole or in part on the basis of sexual orientation.
(c)Personnel and Administrative Policies and ActionThe Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, may not establish, implement, or apply any personnel or administrative policy, or take any personnel or administrative action (including any policy or action relating to promotions, demotions, evaluations, selections for awards, selections for duty assignments, transfers, or separations) in whole or in part on the basis of sexual orientation.
(d)Rules and policies regarding conductNothing in this section prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from prescribing or enforcing regulations governing the conduct of members of the armed forces if the regulations are designed and applied without regard to sexual orientation.
(e)Re-accession of otherwise qualified persons permittedAny person separated from the armed forces for homosexuality, bisexuality, or homosexual conduct in accordance with laws and regulations in effect before the date of the enactment of this section, if otherwise qualified for re-accession into the armed forces, shall not be prohibited from re-accession into the armed forces on the sole basis of such separation.
(f)Sexual orientationIn this section, the term sexual orientation means heterosexuality, homosexuality, or bisexuality, whether the orientation is real or perceived, and includes statements and consensual sexual conduct manifesting heterosexuality, homosexuality, or bisexuality..
(2)The table of sections at the beginning of such chapter is amended—
(A)by striking the item relating to section 654; and
(B)by adding at the end the following new item:

656. Policy of nondiscrimination based on sexual orientation in the armed forces.
(b)Conforming amendmentsTitle 10, United States Code, is amended as follows:
(1)Section 481 is amended—
(A)In subsection (a)(2), by inserting , including sexual orientation discrimination, after discrimination in subparagraphs (C) and (D); and
(B)in subsection (c), by inserting and sexual orientation-based after gender-based.
(2)Section 983(a)(1) is amended by striking (in accordance with section 654 of this title and other applicable Federal laws).
(3)Section 1034(i)(3) is amended by inserting sexual orientation, after sex,.
5.BenefitsNothing in this Act, or the amendments made by this Act, shall be construed to require the furnishing of dependent benefits in violation of section 7 of title 1, United States Code (relating to the definitions of marriage and spouse and referred to as the Defense of Marriage Act ).
6.No private cause of action for damages Nothing in this Act, or the amendments made by this Act, shall be construed to create a private cause of action for damages.
7.Regulations
(a)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall revise Department of Defense regulations, and shall issue such new regulations as may be necessary, to implement section 656 of title 10, United States Code, as added by section 4(a). The Secretary of Defense shall further direct the Secretary of each military department to revise regulations of that military department in accordance with section 656 of title 10, United States Code, as added by section 4(a), not later than 180 days after the date of the enactment of this Act. Such revisions shall include the following:
(1)Revision of all equal opportunity and human relations regulations, directives, and instructions to add sexual orientation nondiscrimination to the Department of Defense Equal Opportunity policy and to related human relations training programs.
(2)Revision of Department of Defense and military department personnel regulations to eliminate procedures for involuntary discharges based on sexual orientation.
(3)Revision of Department of Defense and military department regulations governing victims’ advocacy programs to include sexual orientation discrimination among the forms of discrimination for which members of the Armed Forces and their families may seek assistance.
(b)Regulation of conductThe Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, shall ensure that regulations governing the personal conduct of members of the Armed Forces shall be written and enforced without regard to sexual orientation.
(c)DefinitionIn this section, the term sexual orientation has the meaning given that term in section 656(f) of title 10, United States Code, as added by section 4(a).


		II

		109th CONGRESS

		2d Session

		S. 2602

		IN THE SENATE OF THE UNITED

		  STATES

			April 7, 2006

			Mrs. Feinstein

			 introduced the following bill; which was read twice and referred to the

			 Committee on the

			 Judiciary

		A BILL

		For the relief of Silvia Leticia

		  Barojas-Alejandre.

		1.Permanent resident status for

			 Silvia Leticia Barojas-Alejandre

			(a)In

			 generalNotwithstanding

			 subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151),

			 Silvia Leticia Barojas-Alejandre shall be eligible for issuance of an immigrant

			 visa or for adjustment of status to that of an alien lawfully admitted for

			 permanent residence upon filing an application for issuance of an immigrant

			 visa under section 204 of such Act or for adjustment of status to lawful

			 permanent resident.

			(b)Adjustment of

			 statusIf Silvia Leticia

			 Barojas-Alejandre enters the United States before the filing deadline specified

			 in subsection (c), she shall be considered to have entered and remained

			 lawfully and, if otherwise eligible, shall be eligible for adjustment of status

			 under section 245 of the Immigration and

			 Nationality Act (8 U.S.C. 1255) as of the date of the enactment of

			 this Act.

			(c)Deadline for

			 application and payment of feesSubsections (a) and (b) shall apply only if

			 the application for issuance of an immigrant visa or the application for

			 adjustment of status is filed with appropriate fees not later than 2 years

			 after the date of the enactment of this Act.

			(d)Reduction of

			 immigrant visa numberUpon

			 the granting of an immigrant visa or permanent residence to Silvia Leticia

			 Barojas-Alejandre, the Secretary of State shall instruct the proper officer to

			 reduce by 1, during the current or next following fiscal year, the total number

			 of immigrant visas that are made available to natives of the country of the

			 alien’s birth under section 203(a) of the Immigration and Nationality Act (8 U.S.C.

			 1153(a)) or, if applicable, the total number of immigrant visas that are made

			 available to natives of the country of the alien’s birth under section 202(e)

			 of such Act.

			(e)Denial of

			 preferential immigration treatment for certain relativesThe natural parents, brothers, and sisters

			 of Silvia Leticia Barojas-Alejandre shall not, by virtue of such relationship,

			 be accorded any right, privilege, or status under the

			 Immigration and Nationality Act (8

			 U.S.C. 1101 et seq.).


114 S3120 IS: To apply the provisions of the Patient Protection and Affordable Care Act to Congressional members and members of the executive branch.
U.S. Senate
2016-06-29
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.

II114th CONGRESS2d SessionS. 3120IN THE SENATE OF THE UNITED STATESJune 29, 2016Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental AffairsA BILLTo apply the provisions of the Patient Protection and Affordable Care Act to Congressional members
			 and members of the executive branch.

		1.Health insurance
			 coverage for certain Congressional members and members of the executive
			 branch
 (a)In generalNotwithstanding section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)), Members of Congress, the President, and Vice President shall purchase health insurance coverage through a health insurance exchange established under such Act to enable an individual to directly enroll in a qualified health plan and shall not be eligible to receive any Federal subsidy or contribution to the costs of such coverage through congressional disbursing offices or the Office of Personnel Management (through the Federal Employee Health Benefit Plan), or through tax credits administered by the Internal Revenue Service, unless such a subsidy or contribution is also otherwise available to individuals at a similar income level.
 (b)DefinitionIn this section the term Member of Congress shall have the meaning given such term in section 1312(d)(3)(D)(ii)(I) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)(ii)(I)).


		II
		111th CONGRESS
		1st Session
		S. 2923
		IN THE SENATE OF THE UNITED STATES

			December 22, 2009
			Mrs. Murray introduced
			 the following bill; which was read twice and referred to the
			 Committee on Health, Education, Labor,
			 and Pensions

		A BILL
		To provide funding for summer and year-round youth jobs
		  and training programs.

		1.Short
			 titleThis Act may be cited as
			 the Youth Jobs Act of
			 2010.
		2.Summer and
			 year-round youth jobs
			(a)FindingsCongress
			 finds that—
				(1)a $1,500,000,000
			 investment in summer and year-round employment for youth, through the program
			 supported under this section, can create up to 450,000 temporary jobs and
			 meaningful work experiences for economically disadvantaged youth and stimulate
			 local economies;
				(2)there is a
			 serious and growing need for employment opportunities for economically
			 disadvantaged youth (including young adults), as demonstrated by statistics
			 from the Bureau of Labor Statistics stating that, in November 2009—
					(A)the unemployment
			 rate increased to 10 percent, as compared to 6.8 percent in November
			 2008;
					(B)the unemployment
			 rate for 16- to 19-year-olds rose to 26.7 percent, as compared to 20.4 percent
			 in November 2008; and
					(C)the unemployment
			 rate for African-American 16- to 19-year-olds increased to 49.4 percent, as
			 compared to 32.2 percent in November 2008;
					(3)research from
			 Northwestern University has shown that every $1 a youth earns has an
			 accelerator effect of $3 on the local economy;
				(4)summer and
			 year-round jobs for youth help supplement the income of families living in
			 poverty;
				(5)summer and
			 year-round jobs for youth provide valuable work experience for economically
			 disadvantaged youth;
				(6)often, a summer
			 or year-round job provided under the Workforce Investment Act of 1998 is an
			 economically disadvantaged youth's introduction to the world of work;
				(7)according to the
			 Center for Labor Market Studies at Northeastern University, early work
			 experience is a very powerful predictor of success and earnings in the labor
			 market, and early work experience raises earnings over a lifetime by 10 to 20
			 percent;
				(8)participation in
			 a youth jobs program can contribute to a reduction in criminal and high-risk
			 behavior for youth; and
				(9)(A)youth jobs programs
			 benefit both youth and communities when designed around principles that promote
			 mutually beneficial programs;
					(B)youth benefit from jobs that provide
			 them with work readiness skills and that help them make the connection between
			 responsibility on the job and success in adulthood; and
					(C)communities benefit when youth are
			 engaged productively, providing much-needed services that meet real community
			 needs.
					(b)References
				(1)Certificate;
			 credentialIn subsection (d), references to the terms
			 certificate and credential have the meanings
			 prescribed by the Secretary of Labor.
				(2)Youth-related
			 referencesIn this Act, and in the provisions referred to in
			 subsections (c) and (d) for purposes of this Act—
					(A)a reference to a
			 youth refers to an individual who is not younger than age 14 and not older than
			 age 24, and meets any other requirements for that type of youth; and
					(B)a reference to a
			 youth activity refers to an activity covered in subsection (d)(1) that is
			 carried out for a youth described in subparagraph (A).
					(c)Authorization
			 of appropriationsThere is authorized to be appropriated to the
			 Secretary of Labor for youth activities under the Workforce Investment Act of
			 1998 (29 U.S.C. 2801 et seq.), $1,500,000,000, which shall be available for the
			 period of January 1, 2010, through June 30, 2011, under the conditions
			 described in subsection (d).
			(d)Conditions
				(1)Use of
			 fundsThe funds made available under subsection (c) shall be used
			 for youth jobs and training programs, to provide opportunities referred to in
			 subparagraphs (C), (D), (E), and (F) of section 129(c)(2) of such Act (29
			 U.S.C. 2854(c)(2)) and, as appropriate, opportunities referred to in
			 subparagraphs (A) and (G) of such section, except that no such funds shall be
			 spent on unpaid work experiences and the opportunities may include learning
			 described in paragraph (3)(B).
				(2)LimitationSuch
			 funds shall be distributed in accordance with sections 127 and 128 of such Act
			 (29 U.S.C. 2852, 2853), except that no portion of such funds shall be reserved
			 to carry out 128(a) or 169 of such Act (29 U.S.C. 2853(a), 2914).
				(3)PriorityIn
			 using funds made available under subsection (c), a local area (as defined in
			 section 101 of such Act (29 U.S.C. 2801))—
					(A)shall give
			 priority to providing—
						(i)work experiences
			 in viable, emerging, or demand industries, or work experiences in the public or
			 nonprofit sector that fulfill a community need; and
						(ii)job referral
			 services for youth to work experiences described in clause (i) in the private
			 sector, for which the employer involved agrees to pay the wages and benefits,
			 consistent with Federal and State child labor laws; and
						(B)may give priority
			 to providing—
						(i)work experiences
			 combined with linkages to academic and occupational learning, so that the
			 experiences and learning provide opportunities for youth to earn a short-term
			 certificate or credential that has value in the labor market; and
						(ii)work experiences
			 combined with learning that are designed to encourage and maximize the
			 likelihood of a participant’s return to, or completion of, a program of study
			 leading to a recognized secondary or postsecondary degree, certificate, or
			 credential.
						(4)Measure of
			 effectivenessThe effectiveness of the activities carried out
			 with such funds shall be measured, under section 136 of such Act (29 U.S.C.
			 2871), only with performance measures based on the core indicators of
			 performance described in section 136(b)(2)(A)(ii)(I) of such Act (29 U.S.C.
			 2871(b)(2)(A)(ii)(I)), applied to all youth served through the
			 activities.


114 S3152 IS: Empowering Employees through Stock Ownership Act
U.S. Senate
2016-07-11
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 CONGRESS2d Session
		S. 3152
		IN THE SENATE OF THE UNITED STATES

			July 11, 2016
			Mr. Warner (for himself and Mr. Heller) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To amend the Internal Revenue Code of 1986 to modify the tax treatment of certain equity grants.

		1.Short title
 This Act may be cited as the Empowering Employees through Stock Ownership Act.
		2.Treatment of qualified equity grants
			(a)In general
 (1)Election to defer incomeSection 83 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

						(i)Qualified equity grants
 (1)In generalFor purposes of this subtitle, if qualified stock is transferred to a qualified employee who makes an election under this subsection—
 (A)no amount shall be included in income under subsection (a) in the first taxable year in which the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, whichever is applicable, and
 (B)an amount equal to the amount which would be included in income of the employee under subsection (a) (determined without regard to this subsection) shall be included in income in the taxable year of the employee which includes the earliest of—
 (i)the date such qualified stock is sold, exchanged, or otherwise transferred, (ii)the date the employee first becomes an excluded employee,
 (iii)the first date on which any stock of the corporation which issued the qualified stock becomes readily tradable on an established securities market,
 (iv)the date that is 7 years after the first date the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, whichever occurs earlier, or
 (v)the date on which the employee elects under this clause to include the amount in income. (2)Qualified stock (A)In generalFor purposes of this subsection, the term qualified stock means any stock in a corporation if—
 (i)the right to receive such stock was provided by the corporation— (I)in connection with the performance of services as an employee, and
 (II)such right was received in year in which such corporation was an eligible corporation, and (ii)such stock is received—
 (I)in connection with the exercise of an option, or (II)in settlement of a restricted stock unit.
 (B)LimitationThe term qualified stock shall not include any stock if the employee may sell to, or otherwise receive cash in lieu of stock from, the corporation at the time that the rights of the employee are transferrable or are not subject to a substantial risk of forfeiture.
 (C)Eligible corporationFor purposes of subparagraph (A)(i)(II)— (i)In generalThe term eligible corporation means, with respect to any calendar year, any corporation if—
 (I)no stock of such corporation is readily tradable on an established securities market during such calendar year or any preceding calendar year, and
 (II)such corporation has a written plan under which not less than 80 percent of all employees have the same rights and privileges to receive qualified stock for such calendar year.
										(ii)Same rights and privileges
 For purposes of clause (i)(II)— (I)except as provided in subclauses (II) and (III), the determination of rights and privileges with respect to stock shall be determined in a similar manner as provided under section 423(b)(5),
 (II)employees shall not fail to be treated as having the same rights and privileges to receive qualified stock solely because the number of shares available to all employees are not equal in amount, so long as the number of shares available to each employee is more than a de minimis amount, and
 (III)the right to receive qualified stock described subparagraph (A)(ii)(I) shall not be treated as the same right or privilege as the right to receive qualified stock described in subparagraph (A)(ii)(II).
 (iii)EmployeeFor purposes of clause (i)(II), the term employee shall not include any employee described in section 4980E(d)(4) or any excluded employee. (iv)Special rule for calendar years before 2017In the case of any calendar year beginning before January 1, 2017, clause (i)(II) shall be applied without regard to whether the rights and privileges with respect to the qualified stock are the same.
 (3)Qualified employee; excluded employeeFor purposes of this subsection— (A)In generalThe term qualified employee means any individual who—
 (i)is not an excluded employee, and (ii)agrees to meet such requirements as determined by the Secretary to be necessary to ensure that the withholding requirements of the corporation under chapter 24 with respect to the qualified stock are met.
 (B)Excluded employeeThe term excluded employee means, with respect to any corporation, any individual— (i)who is or has been at any prior time a 1-percent owner (within the meaning of section 416(i)(1)(B)(ii)),
 (ii)who is or has been at any prior time— (I)the chief executive officer of such corporation or an individual acting in such a capacity, or
 (II)the chief financial officer of such corporation or an individual acting in such a capacity, (iii)who bears a relationship described in section 318(a)(1) to any individual described in subclause (I) or (II) of clause (ii), or
 (iv)who is or has been for any prior taxable year one of the 4 highest compensated officers of such corporation determined on the basis of the shareholder disclosure rules for compensation under the Securities Exchange Act of 1934 (as if such rules applied to such corporation).
									(4)Election
 (A)Time for making electionAn election with respect to qualified stock shall be made under this subsection no later than 30 days after the first time the rights of the employee in such stock are transferable or are not subject to a substantial risk of forfeiture, whichever occurs earlier.
 (B)LimitationsNo election may be made under this section with respect to any qualified stock if— (i)the qualified employee has made an election under subsection (b) with respect to such qualified stock, or
 (ii)any stock of the corporation which issued the qualified stock is readily tradable on an established securities market at any time before the election is made.
									(5)Other rules
 (A)Controlled groupsFor purposes of this subsection, all corporations which are members of the same controlled group of corporations (as defined in section 1563(a)) shall be treated as one corporation.
 (B)Notice requirementAny corporation that transfers qualified stock to an employee shall notify such employee that— (i)the employee may elect to defer income on such stock under this subsection, and
 (ii)if the employee makes such an election, the amount of income recognized at the end of the deferral period will be based on the value of the stock at the time at which the rights of the employee in such stock are transferable or are not subject to substantial risk of forfeiture, notwithstanding whether the value of the stock has declined during the deferral period.
									.
 (2)Deduction by employerSubsection (h) of section 83 of the Internal Revenue Code of 1986 is amended by striking or (d)(2) and inserting (d)(2), or (i). (b)Withholding (1)Time of withholdingSection 3401 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (i)Qualified stock for which an election is in effect under section 83(i)For purposes of subsection (a), qualified stock (as defined in section 83(i)) with respect to which an election is made under section 83(i) shall be treated as wages—
 (1)received on the earliest date described in section 83(i)(1)(B), and (2)in an amount equal to the amount included in income under section 83 for the taxable year which includes such date..
 (2)Amount of withholdingSection 3402 of such Code is amended by adding at the end the following new subsection:  (t)Rate of withholding for certain stockIn the case of any qualified stock (as defined in section 83(i)) with respect to which an election is made under section 83(i), the rate of tax under subsection (a) shall not be less than the maximum rate of tax in effect under section 1..
				(c)Coordination with other deferred compensation rules
				(1)Election to apply deferral to statutory options
 (A)Incentive stock optionsSection 422(b) of the Internal Revenue Code of 1986 is amended by inserting or any option with respect to which an election is made under section 83(i) after as an incentive stock option. (B)Employee stock purchase plansSection 423(a) of such Code is amended by adding at the end the following flush sentence:

							The preceding sentence shall not apply to any share of stock or option with respect to which an
			 election is made under section 83(i)..
 (2)Exclusion from definition of nonqualified deferred compensation planSubsection (d) of section 409A of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

 (7)Treatment of qualified stockReceipt of stock shall not be treated as a nonqualified deferred compensation plan solely because of an election under 83(i)..
 (d)Information reportingSection 6051 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (6) the following new paragraph:

 (7)the amounts subject to subparagraphs (A) and (B) of section 83(i)(1),. (e)Penalty for failure of employer To provide notice of tax consequencesSection 6652 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection:

 (o)Failure To provide notice under section 83(i)In the case of each failure to provide a notice as required by section 83(i)(5)(B), at the time prescribed therefor, unless it is shown that such failure is due to reasonable cause and not to willful neglect, there shall be paid, on notice and demand of the Secretary and in the same manner as tax, by the person failing to provide such notice, an amount equal to $100 for each such failure, but the total amount imposed on such person for all such failures during any calendar year shall not exceed $50,000..
			(f)Effective dates
 (1)In generalExcept as provided in paragraph (2), the amendments made by this section shall apply to any property—
 (A)in which the rights of the person who has the beneficial interest in such property are not transferable before January 1, 2017, and
 (B)which is subject to a substantial risk of forfeiture before such date. (2)Requirement to provide noticeThe amendments made by subsection (e) shall apply to failures after December 31, 2016.


113 S1573 IS: Military Family Relief Act
U.S. Senate

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.

II113th CONGRESS1st SessionS. 1573IN THE SENATE OF THE UNITED STATESOctober 16, 2013Mr. Tester (for himself, Mr. Heller, Mr. Begich, Mr. Blumenthal, and Ms. Hirono) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo amend title 38, United States Code, to provide for the
		  payment of temporary compensation to a surviving spouse of a veteran  upon the death of the
		  veteran, and for other purposes.1.Short titleThis Act may be cited as the Military Family Relief Act.2.Authorization for temporary
			 payment of dependency and indemnity compensation or death pension upon the
			 death of a veteran(a)Temporary
			 dependency and indemnity compensationSection 1318 of title 38,
			 United States Code, is amended—(1)by redesignating
			 subsections (d) and (e) as subsections (e) and (f), respectively; and(2)by inserting
			 after subsection (c) the following new subsection (d):(d)(1)Notwithstanding
				subsection (b) and section 5101(a)(1) of this title and subject to paragraphs
				(2) and (3), the Secretary may pay temporary dependency and indemnity compensation under
				this chapter to an individual described in paragraph (2) without regard to whether that individual has submitted a claim for such compensation if, at the time of the death
				of the veteran, the veteran was in receipt of or entitled to receive (or but
				for the receipt of retired or retirement pay
				was entitled to receive) compensation for a service-connected disability
				continuously rated as total for not less than one year immediately preceding
				the death of the veteran.(2)An individual described in this paragraph is an individual determined by the Secretary, based on evidence in the file of the deceased veteran on the date of the death of the veteran, to be the surviving spouse of the deceased veteran.(3)Any compensation
				paid under this subsection shall be made for a period not to exceed six months
				beginning on the first day of the month in which the veteran died.(4)No individual may receive
				compensation under this subsection and receive during the same period—(A)dependency and
				indemnity compensation under any other provision of this title; or(B)pension under
				section 1541 of this
				title, except as provided in subsection (h)(5) of that section..(b)Temporary
			 pensionSection 1541 of such title is
			 amended—(1)by redesignating
			 subsection (h) as subsection (i); and(2)by inserting
			 after subsection (g) the following new subsection (h):(h)(1)Notwithstanding section
				5101(a)(1) of this title, the Secretary may pay pension at the monthly rate of
				1/12 of the annual rate specified in subsection (b) to an individual described in paragraph (2) without regard to whether the individual has submitted a claim
				for such pension if, at the time of the death of the veteran, the veteran was
				in receipt of pension under section 1513 or 1521 of this title as a married
				veteran based on the marriage of the veteran to the individual.(2)An individual described in this paragraph is an individual determined by the Secretary, based on evidence in the file of the deceased veteran on the date of the death of the veteran, to be the surviving spouse of the deceased veteran.(3)Any pension paid under this
				subsection shall be made for a period not to exceed six months beginning on the
				first day of the month in which the veteran died.(4)Pension
				authorized by this subsection shall be paid without regard to the annual income
				and net worth of the individual.(5)If an individual who is paid
				pension under this subsection is entitled to pension under another
				provision of this chapter or to dependency and indemnity compensation under
				chapter 13 of this title for the period for which the individual was paid
				pension under this subsection or any part of that period, the individual shall
				be paid pension under such other provision of this chapter or dependency and
				indemnity compensation under chapter 13 of this title for that period in the amount by which
				the pension or compensation to which the individual is entitled
				exceeds the amount of pension paid under this section for that
				period..(c)Conforming
			 amendmentSection 5101(a)(1) of title 38, United States Code, is
			 amended by striking A specific claim and inserting Except
			 as otherwise provided in this title, a specific
			 claim.