117 S2819 IS: Protect Our Citizens from Reckless Extortion of our Debt and Irresponsible Tactics Act of 2021
U.S. Senate
2021-09-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 2819IN THE SENATE OF THE UNITED STATESSeptember 23, 2021Mr. Merkley (for himself and Mr. Kaine) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo provide a process for ensuring the United States does not default on its obligations.1.Short titleThis Act may be cited as the Protect Our Citizens from Reckless Extortion of our Debt and Irresponsible Tactics Act of 2021 or the Protect Our CREDIT Act of 2021.2.Additional Presidential modification of the debt ceiling(a)In generalSubchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended—(1)in section 3101(b), by inserting or 3101B after section 3101A; and(2)by inserting after section 3101A the following:3101B.Additional Presidential modification of the debt ceiling(a)DefinitionIn this section, the term joint resolution means only a joint resolution—(1)that is introduced during the period—(A)beginning on the date a certification described in paragraph (1) or (2) of subsection (b) is received by Congress; and(B)ending on the date that is 3 legislative days (excluding any day on which it is not in order to introduce resolutions) after the date described in subparagraph (A);(2)which does not have a preamble;(3)the title of which is only as follows: Joint resolution relating to the disapproval of the President’s exercise of authority to increase the debt limit, as submitted under section 3101B of title 31, United States Code, on ______ (with the blank containing the date of such submission); and(4)the matter after the resolving clause of which is only as follows: That Congress disapproves of the President’s exercise of authority to increase the debt limit, as exercised pursuant to the certification submitted under section 3101B(b) of title 31, United States Code, on ______. (with the blank containing the date of such submission).(b)Submissions to Congress(1)Annual submissionBefore the beginning of each fiscal year, the President shall submit to Congress a written certification specifying the amount of obligations that are subject to limit under section 3101(b), in addition to the amount of such obligations authorized to be outstanding on the date of the certification, that the President determines it shall be necessary to issue during the next fiscal year to meet existing commitments.(2)Submission during fiscal yearIf the President determines during a fiscal year that the debt subject to limit under section 3101(b) is within $250,000,000,000 of such limit and that further borrowing is necessary to meet existing commitments, the President shall submit to Congress a written certification—(A)specifying the amount of obligations that are subject to limit under section 3101(b), in addition to the amount of such obligations authorized to be outstanding on the date of the certification, that the President determines it shall be necessary to issue during the fiscal year to meet existing commitments; and(B)containing the reason for any discrepancy from the certification submitted under paragraph (1) for the fiscal year.(3)Effect of failure to enact disapprovalIf a joint resolution is not enacted with respect to a certification under paragraph (1) or (2) during the 15-legislative-day period beginning on the date on which Congress receives the certification, the limit under section 3101(b) is increased by the amount specified in the certification.(4)Effect of enactment of disapprovalIf a joint resolution is enacted with respect to a certification under paragraph (1) or (2) during the 15-legislative-day period beginning on the date on which Congress receives the certification, the limit under section 3101(b)—(A)shall not be increased by the amount specified in the certification; and(B)shall be increased in accordance with subsection (c)(2).(c)Suspension for mid-Year certification(1)In generalSection 3101(b) shall not apply for the period—(A)beginning on the date on which the President submits to Congress a certification under subsection (b)(2); and(B)ending on the earlier of—(i)the date that is 15 legislative days after Congress receives the certification; or(ii)the date of enactment of a joint resolution with respect to the certification.(2)Special rule relating to obligations issued during suspension period(A)In generalIf a joint resolution is enacted with respect to a certification under subsection (b)(2), effective on the day after such date of enactment, the limitation in section 3101(b) is increased to the extent that—(i)the face amount of obligations issued under this chapter and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on the calendar day after such date of enactment, exceeds(ii)the face amount of such obligations outstanding on the date on which the President submits the certification.(B)LimitationAn obligation shall not be taken into account under subparagraph (A) unless the issuance of such obligation was necessary to fund a commitment incurred by the Federal Government that required payment during the 15-legislative-day period described in paragraph (1)(B)(i).(d)Expedited consideration in House of Representatives(1)Reporting and dischargeAny committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar.(2)Proceeding to considerationAfter each committee authorized to consider a joint resolution reports it to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of the joint resolution, to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.(3)ConsiderationThe joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. An amendment to the joint resolution or a motion to reconsider the vote on passage of the joint resolution shall not be in order.(e)Expedited procedure in Senate(1)Placement on calendarUpon introduction in the Senate, a joint resolution shall be immediately placed on the calendar.(2)Floor consideration(A)In generalNotwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under paragraph (1) or (2) of subsection (b) and ending on the sixth day after the date of introduction of a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of.(B)ConsiderationConsideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order.(C)Vote on passageIf the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate.(D)Rulings of the chair on procedureAppeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate.(f)Coordination with action by other house(1)In generalIf, before passing the joint resolution, one House receives from the other a joint resolution—(A)the joint resolution of the other House shall not be referred to a committee; and(B)the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House, except that the vote on final passage shall be on the joint resolution of the other House.(2)Treatment of joint resolution of other houseIf the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section.(3)Treatment of companion measuresIf, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable.(4)Consideration after passage(A)In generalIf Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the legislative day period described in paragraphs (3) and (4) of subsection (b) and subsection (c)(1).(B)DebateDebate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.(5)Veto overrideIf within the legislative day period described in paragraphs (3) and (4) of subsection (b) and subsection (c)(1), Congress overrides a veto of a joint resolution, except as provided in subsection (c)(2), the limit on debt provided in section 3101(b) shall not be raised under this section.(g)Rules of House of Representatives and SenateSubsections (a), (d), (e), and (f) (except for paragraphs (4)(A) and (5) of such subsection) are enacted by Congress—(1)as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and(2)with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House..(b)Conforming amendmentThe table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3101A the following:3101B. Additional Presidential modification of the debt ceiling..


116 HR 3125 IH: School Milk Nutrition Act of 2019
U.S. House of Representatives
2019-06-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 3125IN THE HOUSE OF REPRESENTATIVESJune 5, 2019Mr. Courtney (for himself, Mr. Thompson of Pennsylvania, Ms. Kuster of New Hampshire, Mr. Welch, Mr. Peterson, Mr. Pocan, Mr. Kind, Mr. Brindisi, Mr. Delgado, Mrs. Craig, Mr. Cox of California, Ms. DelBene, Mr. Costa, Mr. Van Drew, Mr. Collins of New York, Mr. Reschenthaler, Ms. Stefanik, Mr. Katko, Mr. David P. Roe of Tennessee, Mr. Comer, Mr. Joyce of Pennsylvania, Mr. Grothman, Ms. Finkenauer, Mr. O'Halleran, Mr. Schrader, and Mr. Duffy) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo reverse declining milk consumption in schools.

 1.Short titleThis Act may be cited as the School Milk Nutrition Act of 2019. 2.Fluid milkSection 9(a)(2) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(a)(2)) is amended by striking subparagraph (A) inserting the following:

 (A)In generalLunches served by schools participating in the school lunch program under this Act— (i)shall offer students a variety of fluid milk. Such milk shall be consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341);
 (ii)may offer students flavored and unflavored fluid milk, including low-fat flavored milk and lactose-free fluid milk; and
 (iii)shall provide a substitute for fluid milk for students whose disability restricts their diet, on receipt of a written statement from a licensed physician that identifies the disability that restricts the student’s diet and that specifies the substitute for fluid milk.
					.


115 SRES 59 IS: Expressing support for the designation of February 12, 2017, as “Darwin Day” and recognizing the importance of science in the betterment of humanity.
U.S. Senate
2017-02-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

III115th CONGRESS1st SessionS. RES. 59IN THE SENATE OF THE UNITED STATESFebruary 10, 2017Mr. Blumenthal (for himself and Mr. Murphy) submitted the following resolution; which was referred to the Committee on Commerce, Science, and TransportationRESOLUTIONExpressing support for the designation of February 12, 2017, as Darwin Day and recognizing the importance of science in the betterment of humanity.

 Whereas Charles Darwin developed the theory of evolution by the mechanism of natural selection, which, together with the monumental amount of scientific evidence Charles Darwin compiled to support the theory, provides humanity with a logical and intellectually compelling explanation for the diversity of life on Earth;
 Whereas the validity of the theory of evolution by natural selection developed by Charles Darwin is further strongly supported by the modern understanding of the science of genetics;
 Whereas it has been the human curiosity and ingenuity exemplified by Charles Darwin that has promoted new scientific discoveries that have helped humanity solve many problems and improve living conditions;
 Whereas the advancement of science must be protected from those unconcerned with the adverse impacts of global warming and climate change;
 Whereas the teaching of creationism in some public schools compromises the scientific and academic integrity of the education systems of the United States;
 Whereas Charles Darwin is a worthy symbol of scientific advancement on which to focus and around which to build a global celebration of science and humanity intended to promote a common bond among all the people of the Earth; and
 Whereas February 12, 2017, is the anniversary of the birth of Charles Darwin in 1809 and would be an appropriate date to designate as Darwin Day: Now, therefore, be it

 That the Senate— (1)supports the designation of Darwin Day; and
 (2)recognizes Charles Darwin as a worthy symbol on which to celebrate the achievements of reason, science, and the advancement of human knowledge.


114 HRES 795 IH: Recognizing the 70th Anniversary of the Fulbright Program.
U.S. House of Representatives
2016-06-21
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.

IV114th CONGRESS2d SessionH. RES. 795IN THE HOUSE OF REPRESENTATIVESJune 21, 2016Mr. Hill (for himself, Mr. Crawford, Mr. Westerman, Mr. Womack, Mr. Cole, Mr. Takai, Mr. Rangel, Mr. Kilmer, Mr. Lowenthal, Mr. McGovern, Mr. Meeks, and Mr. Pearce) submitted the following resolution; which was referred to the Committee on Foreign AffairsRESOLUTIONRecognizing the 70th Anniversary of the Fulbright Program.

 Whereas August 1, 2016, marks the 70th anniversary of President Harry S. Truman signing into law the Fulbright Act of 1946;
 Whereas the Fulbright Program was established by Senator James William Fulbright of Arkansas for the promotion of international good will through the exchange of students in the fields of education, culture, and science;
 Whereas the Fulbright Program is sponsored by the Bureau of Educational and Cultural Affairs of the Department of State;
 Whereas the Fulbright Program provides approximately 8,000 grants annually and currently operates in over 160 countries, including 50 that have established cost-sharing binational commissions;
 Whereas 1,300 United States higher education institutions, both public and private, host students at home and send scholars abroad;
 Whereas current Fulbright students and scholars hail from all 50 States and 2 United States territories, and approximately a quarter are from minority or underrepresented populations;
 Whereas more than 370,000 persons from across the globe have benefited from this unique opportunity;
 Whereas alumni of the Fulbright Program include 54 Nobel Prize laureates, 82 recipients of the Pulitzer Prize, 33 heads of state, 16 Presidential Medal of Freedom recipients, 8 members of the United States Congress, and a former Secretary-General of the United Nations;
 Whereas, on April 21, 2016, an American Elm was planted on the Capitol grounds in recognition of the 70th anniversary of the Fulbright Program; and
 Whereas the Fulbright Program promotes United States higher education abroad and remains a valuable diplomatic tool: Now, therefore, be it

 That the House of Representatives— (1)recognizes the 70th anniversary of the founding of the Fulbright Program;
 (2)encourages the President and the Secretary of State to work with the Bureau of Educational and Cultural Affairs to support the work of the Fulbright Program;
 (3)congratulates all recipients of Fulbright awards, both past and present; and (4)calls on students, scholars, and professionals around the world to seek out opportunities to engage with each other and promote international good will.


101 HR 5992 IH: Downwinders Parity Act of 2020
U.S. House of Representatives
2020-02-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 5992IN THE HOUSE OF REPRESENTATIVESFebruary 27, 2020Mr. Stanton (for himself and Mr. Gosar) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Radiation Exposure Compensation Act to include certain communities and to extend the fund, and for other purposes.1.Short titleThis Act may be cited as the Downwinders Parity Act of 2020.2.Inclusion under the radiation exposure compensation actSection 4(b)(1) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101–426) is amended—(1)in subparagraph (B)—(A)by striking that portion of; and(B)by striking that consists of townships 13 through 16 at ranges 63 through 71; and(2)in subparagraph (C), by inserting all acreage in any county all or part of which is located in before that part.3.Extension of fundSection 3(d) of the Radiation Exposure Compensation Act (Public Law 101–426; 42 U.S.C. 2210 note) is amended—(1)by striking 22 years and inserting 27 years; and(2)by striking 22-year and inserting 27-year.


117 S2533 IS: Making Advances in Mammography and Medical Options for Veterans Act
U.S. Senate
2021-07-29
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.

II117th CONGRESS1st SessionS. 2533IN THE SENATE OF THE UNITED STATESJuly 29, 2021Mr. Tester (for himself, Mr. Boozman, Ms. Hirono, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo improve mammography services furnished by the Department of Veterans Affairs, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Making Advances in Mammography and Medical Options for Veterans Act.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.TITLE I—Screening and early detectionSec. 101. Strategic plan for breast imaging services for veterans.Sec. 102. Telemammography pilot program of Department of Veterans Affairs.Sec. 103. Upgrade of breast imaging at facilities of Department of Veterans Affairs to three-dimensional digital mammography.Sec. 104. Study on availability of testing for breast cancer gene among veterans and expansion of availability of such testing.Sec. 105. Mammography accessibility for paralyzed and disabled veterans.Sec. 106. Report on access to and quality of mammography screenings furnished by Department of Veterans Affairs.TITLE II—Partnerships for research and access to careSec. 201. Partnerships with National Cancer Institute to expand access of veterans to cancer care.Sec. 202. Report by Department of Veterans Affairs and Department of Defense on interagency collaboration on treating and researching breast cancer.IScreening and early detection101.Strategic plan for breast imaging services for veterans(a)In generalNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a strategic plan for improving breast imaging services for veterans.(b)ElementsThe strategic plan required by subsection (a) shall—(1)cover the evolving needs of women veterans;(2)address geographic disparities of breast imaging furnished at a facility of the Department of Veterans Affairs and the use of breast imaging through non-Department providers in the community;(3)address the use of digital breast tomosynthesis (DBT–3D breast imaging);(4)address the needs of male veterans who require breast cancer screening services; and(5)provide recommendations on—(A)potential expansion of breast imaging services furnished at facilities of the Department, including infrastructure and staffing needs;(B)the use of digital breast tomosynthesis;(C)the use of mobile mammography; and(D)other access and equity improvements for breast imaging.102.Telemammography pilot program of Department of Veterans Affairs(a)In generalCommencing not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall carry out a pilot program to provide telemammography services for veterans who live in—(1)States where the Department of Veterans Affairs does not offer breast imaging services at a facility of the Department; or(2)locations where access to breast imaging services at a facility of the Department is difficult or not feasible, as determined by the Secretary.(b)DurationThe Secretary shall carry out the pilot program under subsection (a) for a three-year period beginning on the commencement of the pilot program.(c)LocationsIn carrying out the pilot program under subsection (a), the Secretary may use community-based outpatient clinics, mobile mammography, Federally qualified health centers (as defined in section 1861(aa)(4) of the Social Security Act (42 U.S.C. 1395x(aa)(4))), rural health clinics, critical access hospitals, clinics of the Indian Health Service, and such other sites as the Secretary determines feasible to provide mammograms under the pilot program.(d)Sharing of images and resultsUnder the pilot program under subsection (a)—(1)mammography images generated shall be sent to the centralized telemammography center of the Department for interpretation by expert radiologists; and(2)results shall be shared with the veteran and their primary care provider.(e)Report(1)In generalNot later than one year after the conclusion of the pilot program under subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report evaluating the pilot program.(2)ElementsThe report required by paragraph (1) shall include the following:(A)An assessment of the quality of the mammography provided under the pilot program under subsection (a).(B)Feedback from veterans and providers participating in the pilot program.(C)A recommendation of the Secretary on the continuation or discontinuation of the pilot program. 103.Upgrade of breast imaging at facilities of Department of Veterans Affairs to three-dimensional digital mammographyNot later than two years after the date of the enactment of this Act, the Secretary of Veterans Affairs shall—(1)upgrade all mammography services at facilities of the Department of Veterans Affairs that provide such services to use digital breast tomosynthesis technology, also known as three-dimensional breast imaging; and(2)submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report—(A)indicating that the upgrade under paragraph (1) has been completed; and(B)listing the facilities or other locations of the Department at which digital breast tomosynthesis technology is used.104.Study on availability of testing for breast cancer gene among veterans and expansion of availability of such testing(a)Study(1)In generalThe Secretary of Veterans Affairs shall conduct a study on the availability of access to testing for the breast cancer gene for veterans diagnosed with breast cancer, as recommended by the guidelines set forth by the National Comprehensive Cancer Network.(2)ElementsIn conducting the study under paragraph (1), the Secretary shall examine—(A)the feasibility of expanding the Joint Medicine Service of the Department of Veterans Affairs to provide genetic testing and counseling for veterans with breast cancer across the country; and(B)access to such testing and counseling for veterans living in rural or highly rural areas, and any gaps that may exist with respect to such access. (b)Expansion of availability of testing(1)In generalThe Secretary shall update guidelines or institute new guidelines to increase the use of testing for the breast cancer gene and genetic counseling for veterans diagnosed with breast cancer.(2)Decision support toolsIn updating or instituting guidelines under paragraph (1), the Secretary may develop clinical decision support tools to facilitate delivery of breast cancer care that is in line with national cancer guidelines.(c)ReportNot later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on—(1)the results of the study under subsection (a);(2)any updates to guidelines or new guidelines instituted under subsection (b); and(3)any progress of the Department in improving access to and usage of testing for the breast cancer gene among veterans diagnosed with breast cancer, including for veterans living in rural or highly rural areas.(d)DefinitionsIn this section, the terms rural and highly rural have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture. 105.Mammography accessibility for paralyzed and disabled veterans(a)Study(1)In generalThe Secretary of Veterans Affairs shall conduct a study on the accessibility of breast imaging services at facilities of the Department of Veterans Affairs for veterans with paralysis, spinal cord injury or disorder (SCI/D), or another disability.(2)AccessibilityThe study required by paragraph (1) shall include an assessment of the accessibility of the physical infrastructure at breast imaging facilities of the Department, including the imaging equipment, transfer assistance, and the room in which services will be provided as well as adherence to best practices for screening and treating veterans with a spinal cord injury or disorder.(3)Screening rates(A)MeasurementThe study required by paragraph (1) shall include a measurement of breast cancer screening rates for veterans with a spinal cord injury or disorder during the two-year period preceding the commencement of the study, including a breakout of the screening rates for such veterans living in rural or highly rural areas.(B)Development of methodIf the Secretary is unable to provide the measurement required under subparagraph (A), the Secretary shall develop a method to track breast cancer screening rates for veterans with a spinal cord injury or disorder.(4)ReportNot later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the findings of the study required by paragraph (1), including—(A)the rates of screening among veterans with a spinal cord injury or disorder, including veterans living in rural or highly rural areas, as required under paragraph (3)(A); or(B)if such rates are not available, a description of the method developed to measure such rates as required under paragraph (3)(B).(b)Care from non-Department providersThe Secretary shall update the policies and directives of the Department to ensure that, in referring a veteran with a spinal cord injury or disorder for care from a non-Department provider, the Secretary shall—(1)confirm with the provider the accessibility of the breast imaging site, including the imaging equipment, transfer assistance, and the room in which services will be provided; and(2)provide additional information to the provider on best practices for screening and treating veterans with a spinal cord injury or disorder.(c)DefinitionsIn this section, the terms rural and highly rural have the meanings given those terms in the Rural-Urban Commuting Areas coding system of the Department of Agriculture. 106.Report on access to and quality of mammography screenings furnished by Department of Veterans Affairs(a)In generalNot later than two years after the date of the enactment of this Act, the Inspector General of the Department of Veterans Affairs shall submit to the Secretary of Veterans Affairs, the Committee on Veterans' Affairs of the Senate, and the Committee on Veterans' Affairs of the House of Representatives a report on mammography services furnished by the Department of Veterans Affairs.(b)ElementsThe report required by subsection (a) shall include an assessment of—(1)the access of veterans to mammography screenings, whether at a facility of the Department or through a non-Department provider, including any staffing concerns of the Department in providing such screenings;(2)the quality of such screenings and reading of the images from such screenings, including whether such screenings use three-dimensional mammography;(3)the communication of the results of such screenings, including whether results are shared in a timely manner, whether results are shared via the Joint Health Information Exchange or another electronic mechanism, and whether results are incorporated into the electronic health record of the veteran;(4)the performance of the Women’s Breast Oncology System of Excellence of the Department; and(5)the access of veterans diagnosed with breast cancer to a comprehensive breast cancer care team of the Department.(c)Follow-UpNot later than 180 days after the submittal of the report under subsection (a), the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a plan to address the deficiencies identified in the report under subsection (a), if any. IIPartnerships for research and access to care201.Partnerships with National Cancer Institute to expand access of veterans to cancer care(a)Access to care in each VISN(1)In generalThe Secretary of Veterans Affairs shall enter into a partnership with not fewer than one cancer center of the National Cancer Institute of the National Institutes of Health in each Veterans Integrated Service Network of the Department of Veterans Affairs to expand access to high-quality cancer care for women veterans.(2)Treatment of rural veteransThe Secretary, in carrying out partnerships entered into under paragraph (1), shall ensure that veterans with breast cancer who reside in rural areas or States without a cancer center that has entered into such a partnership with the Secretary are able to receive care through such a partnership via telehealth.(b)Report on partnership To increase access to clinical trialsNot later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on—(1)how the Secretary will ensure that the advancements made through the existing partnership between the Department of Veterans Affairs and the National Cancer Institute to provide veterans with access to clinical cancer research trials (commonly referred to as NAVIGATE) are permanently implemented; and(2)the determination of the Secretary of whether expansion of such partnership to more than the original 12 facilities of the Department that were selected under such partnership is feasible.(c)Periodic reportsNot later than three years after the date of the enactment of this Act, and every three years thereafter, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report—(1)assessing how the partnerships entered into under subsection (a)(1) have impacted access by veterans to cancer centers of the National Cancer Institute, including an assessment of the telehealth options made available and used pursuant to such partnerships; and(2)describing the advancements made with respect to access by veterans to clinical cancer research trials through the partnership described in subsection (b)(1), including how many of those veterans were women veterans, minority veterans (including racial and ethnic minorities), and rural veterans, and identifying opportunities for further innovation.202.Report by Department of Veterans Affairs and Department of Defense on interagency collaboration on treating and researching breast cancer(a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in collaboration with the Secretary of Defense, shall submit to Congress a report on all current research and health care collaborations between the Department of Veterans Affairs and the Department of Defense on treating veterans and members of the Armed Forces with breast cancer.(b)ElementsThe report required by subsection (a)—(1)shall include a description of potential opportunities for future interagency collaboration between the Department of Veterans Affairs and the Department of Defense with respect to treating and researching breast cancer; and(2)may include a focus on—(A)with respect to women members of the Armed Forces with a diagnosis of or who are undergoing screening for breast cancer, transition of such members from receiving care from the Department of Defense to receiving care from the Department of Veterans Affairs;(B)collaborative breast cancer research opportunities between the Department of Veterans Affairs and the Department of Defense;(C)access to clinical trials; and(D)such other matters as the Secretary of Veterans Affairs and the Secretary of Defense consider appropriate.


		II

		109th CONGRESS

		1st Session

		S. 502

		IN THE SENATE OF THE UNITED STATES

			March 3, 2005

			Mr. Coleman (for

			 himself, Mr. Pryor,

			 Mr. DeWine, and Mr. Graham) introduced the following bill; which was

			 read twice and referred to the Committee

			 on Finance

		A BILL

		To revitalize rural America and rebuild main street, and

		  for other purposes.

			1.

			Short title

			This Act may be cited as the

			 Rural Renaissance

			 Act.

			2.

			Rural Renaissance Corporation

			Subtitle D of the

			 Consolidated Farm and Rural Development

			 Act (7

			 U.S.C. 1981 et seq.) is amended by adding at the end the

			 following new section:

					379E.

					Rural Renaissance Corporation

						(a)

						Establishment and status

						There is established a body corporate to be known as the

				Rural Renaissance Corporation (hereafter in this section

				referred to as the Corporation). The Corporation is not a

				department, agency, or instrumentality of the United States Government, and

				shall not be subject to title 31, United States Code.

						(b)

						Principal office; application of laws

						The principal office and place of business of the Corporation

				shall be in the District of Columbia, and, to the extent consistent with this

				section, the District of Columbia Business Corporation Act (D.C. Code 29–301 et

				seq.) shall apply.

						(c)

						Functions of Corporation

						The Corporation shall—

							(1)

							issue rural renaissance bonds for the financing of qualified

				projects as required under section 54 of the Internal Revenue Code of

				1986,

							(2)

							establish an allocation plan as required under section

				54(f)(2)(A) of such Code,

							(3)

							establish and operate the Rural Renaissance Trust Account as

				required under section 54(i) of such Code,

							(4)

							perform any other function the sole purpose of which is to

				carry out the financing of qualified projects through rural renaissance bonds,

				and

							(5)

							not later than February 15 of each year submit a report to

				Congress—

								(A)

								describing the activities of the Corporation for the preceding

				year, and

								(B)

								specifying whether the amounts deposited and expected to be

				deposited in the Rural Renaissance Trust Account are sufficient to fully repay

				at maturity the principal of any outstanding rural renaissance bonds issued

				pursuant to such section 54.

						(d)

						Powers of Corporation

						The Corporation—

							(1)

							may sue and be sued, complain and defend, in its corporate

				name, in any court of competent jurisdiction,

							(2)

							may adopt, alter, and use a seal, which shall be judicially

				noticed,

							(3)

							may prescribe, amend, and repeal such rules and regulations as

				may be necessary for carrying out the functions of the Corporation,

							(4)

							may make and perform such contracts and other agreements with

				any individual, corporation, or other private or public entity however

				designated and wherever situated, as may be necessary for carrying out the

				functions of the Corporation,

							(5)

							may determine and prescribe the manner in which its obligations

				shall be incurred and its expenses allowed and paid,

							(6)

							may, as necessary for carrying out the functions of the

				Corporation, employ and fix the compensation of employees and officers,

							(7)

							may lease, purchase, or otherwise acquire, own, hold, improve,

				use, or otherwise deal in and with such property (real, personal, or mixed) or

				any interest therein, wherever situated, as may be necessary for carrying out

				the functions of the Corporation,

							(8)

							may accept gifts or donations of services or of property (real,

				personal, or mixed), tangible or intangible, in furtherance of the purposes of

				this section, and

							(9)

							shall have such other powers as may be necessary and incident

				to carrying out this section.

						(e)

						Nonprofit entity; restriction on use of moneys; conflict of

				interests; independent audits

							(1)

							Nonprofit entity

							The Corporation shall be a nonprofit corporation and shall have

				no capital stock.

							(2)

							Restriction

							No part of the Corporation’s revenue, earnings, or other income

				or property shall inure to the benefit of any of its directors, officers, or

				employees, and such revenue, earnings, or other income or property shall only

				be used for carrying out the purposes of this section.

							(3)

							Conflict of interests

							No director, officer, or employee of the Corporation shall in

				any manner, directly or indirectly participate in the deliberation upon or the

				determination of any question affecting his or her personal interests or the

				interests of any corporation, partnership, or organization in which he or she

				is directly or indirectly interested.

							(4)

							Independent audits

							An independent certified public accountant shall audit the

				financial statements of the Corporation each year. The audit shall be carried

				out at the place at which the financial statements normally are kept and under

				generally accepted auditing standards. A report of the audit shall be available

				to the public and shall be included in the report required under subsection

				(c)(5).

						(f)

						Tax exemption

						The Corporation, including its franchise and income, is exempt

				from taxation imposed by the United States, by any territory or possession of

				the United States, or by any State, county, municipality, or local taxing

				authority.

						(g)

						Management of Corporation

							(1)

							Board of Directors; membership; designation of chairperson

				and vice chairperson; appointment considerations; term; vacancies

								(A)

								Board of Directors

								The management of the Corporation shall be vested in a board of

				directors composed of 7 members appointed by the President, by and with the

				advice and consent of the Senate.

								(B)

								Chairperson and vice chairperson

								The President shall designate 1 member of the Board to serve as

				Chairperson of the Board and 1 member to serve as Vice Chairperson of the

				Board.

								(C)

								Individuals from private life

								Five members of the Board shall be appointed from private

				life.

								(D)

								Federal officers and employees

								Two members of the Board shall be appointed from among officers

				and employees of agencies of the United States concerned with rural

				development.

								(E)

								Appointment considerations

								All members of the Board shall be appointed on the basis of

				their understanding of and sensitivity to rural development processes. Members

				of the Board shall be appointed so that not more than 4 members of the Board

				are members of any 1 political party.

								(F)

								Terms

								Members of the Board shall be appointed for terms of 3 years,

				except that of the members first appointed, as designated by the President at

				the time of their appointment, 2 shall be appointed for terms of 1 year and 2

				shall be appointed for terms of 2 years.

								(G)

								Vacancies

								A member of the Board appointed to fill a vacancy occurring

				before the expiration of the term for which that member’s predecessor was

				appointed shall be appointed only for the remainder of that term. Upon the

				expiration of a member’s term, the member shall continue to serve until a

				successor is appointed and is qualified.

							(2)

							Compensation, actual, necessary, and transportation

				expenses

							Members of the Board shall serve without additional

				compensation, but may be reimbursed for actual and necessary expenses not

				exceeding $100 per day, and for transportation expenses, while engaged in their

				duties on behalf of the Corporation.

							(3)

							Quorum

							A majority of the Board shall constitute a quorum.

							(4)

							President of Corporation

							The Board of Directors shall appoint a president of the

				Corporation on such terms as the Board may determine.

						.

			3.

			Credit to holders of rural renaissance bonds

				(a)

				In general

				Part IV of subchapter A of chapter 1 of the Internal Revenue Code

			 of 1986 (relating to credits against tax) is amended by adding at the end the

			 following new subpart:

						H

						Nonrefundable credit for holders of rural renaissance

				bonds

							Sec. 54. Credit to holders of rural

				  renaissance bonds.

							54.

							Credit to holders of rural renaissance bonds

								(a)

								Allowance of credit

								In the case of a taxpayer who holds a rural renaissance bond on

				a credit allowance date of such bond which occurs during the taxable year,

				there shall be allowed as a credit against the tax imposed by this chapter for

				such taxable year an amount equal to the sum of the credits determined under

				subsection (b) with respect to credit allowance dates during such year on which

				the taxpayer holds such bond.

								(b)

								Amount of credit

									(1)

									In general

									The amount of the credit determined under this subsection with

				respect to any credit allowance date for a rural renaissance bond is 25 percent

				of the annual credit determined with respect to such bond.

									(2)

									Annual credit

									The annual credit determined with respect to any rural

				renaissance bond is the product of—

										(A)

										the applicable credit rate, multiplied by

										(B)

										the outstanding face amount of the bond.

									(3)

									Applicable credit rate

									For purposes of paragraph (2), the applicable credit rate with

				respect to an issue is the rate equal to an average market yield (as of the day

				before the date of sale of the issue) on outstanding long-term corporate debt

				obligations (determined in such manner as the Secretary prescribes).

									(4)

									Credit allowance date

									For purposes of this section, the term credit allowance

				date means—

										(A)

										March 15,

										(B)

										June 15,

										(C)

										September 15, and

										(D)

										December 15.

									Such term

				includes the last day on which the bond is outstanding.

									(5)

									Special rule for issuance and redemption

									In the case of a bond which is issued during the 3-month period

				ending on a credit allowance date, the amount of the credit determined under

				this subsection with respect to such credit allowance date shall be a ratable

				portion of the credit otherwise determined based on the portion of the 3-month

				period during which the bond is outstanding. A similar rule shall apply when

				the bond is redeemed.

								(c)

								Limitation based on amount of tax

									(1)

									In general

									The credit allowed under subsection (a) for any taxable year

				shall not exceed the excess of—

										(A)

										the sum of the regular tax liability (as defined in section

				26(b)) plus the tax imposed by section 55, over

										(B)

										the sum of the credits allowable under this part (other than

				this subpart and subpart C).

									(2)

									Carryover of unused credit

									If the credit allowable under subsection (a) exceeds the

				limitation imposed by paragraph (1) for such taxable year, such excess shall be

				carried to the succeeding taxable year and added to the credit allowable under

				subsection (a) for such taxable year.

								(d)

								Credit included in gross income

								Gross income includes the amount of the credit allowed to the

				taxpayer under this section (determined without regard to subsection (c)) and

				the amount so included shall be treated as interest income.

								(e)

								Rural renaissance bond

								For purposes of this part, the term rural renaissance

				bond means any bond issued as part of an issue if—

									(1)

									95 percent or more of the proceeds from the sale of such issue

				are to be used—

										(A)

										for expenditures incurred after the date of the enactment of

				this section for any qualified project, or

										(B)

										for deposit in the Rural Renaissance Trust Account for

				repayment of rural renaissance bonds at maturity,

									(2)

									the bond is issued by the Rural Renaissance Corporation, is in

				registered form, and meets the rural renaissance bond limitation requirements

				under subsection (f),

									(3)

									except for bonds issued in accordance with subsection (f)(4),

				the term of each bond which is part of such issue does not exceed 30

				years,

									(4)

									the payment of principal with respect to such bond is the

				obligation of the Rural Renaissance Corporation, and

									(5)

									the issue meets the requirements of subsection (g) (relating to

				arbitrage).

								(f)

								Limitation on amount of bonds designated

									(1)

									National limitation

									There is a rural renaissance bond limitation for each calendar

				year. Such limitation is—

										(A)

										for 2006—

											(i)

											with respect to bonds described in subsection (e)(1)(A),

				$50,000,000,000, plus

											(ii)

											with respect to bonds described in subsection (e)(1)(B), such

				amount (not to exceed $15,000,000,000) as determined necessary by the Rural

				Renaissance Corporation to provide funds in the Rural Renaissance Trust Account

				for the repayment of rural renaissance bonds at maturity, and

										(B)

										except as provided in paragraph (3), zero thereafter.

									(2)

									Limitation allocated to qualified projects among

				States

										(A)

										In general

										Subject to subparagraph (B), the limitation applicable under

				paragraph (1)(A)(i) for any calendar year shall be allocated by the Rural

				Renaissance Corporation for qualified projects among the States under an

				allocation plan established by the Corporation and submitted to Congress for

				consideration.

										(B)

										Minimum allocations to States

										In establishing the allocation plan under subparagraph (A), the

				Rural Renaissance Corporation shall ensure that the aggregate amount allocated

				for qualified projects located in each State under such plan is not less than

				$500,000,000.

									(3)

									Carryover of unused limitation

									If for any calendar year—

										(A)

										the rural renaissance bond limitation amount, exceeds

										(B)

										the amount of bonds issued during such year by the Rural

				Renaissance Corporation, the rural renaissance bond limitation amount for the

				following calendar year shall be increased by the amount of such excess. Any

				carryforward of a rural renaissance bond limitation amount may be carried only

				to calendar year 2007 or 2008.

									(4)

									Issuance of small denomination bonds

									From the rural renaissance bond limitation for each year, the

				Rural Renaissance Corporation shall issue a limited quantity of rural

				renaissance bonds in small denominations suitable for purchase as gifts by

				individual investors wishing to show their support for investing in rural

				America.

								(g)

								Special rules relating to arbitrage

									(1)

									In general

									Subject to paragraph (2), an issue shall be treated as meeting

				the requirements of this subsection if as of the date of issuance, the Rural

				Renaissance Corporation reasonably expects—

										(A)

										to spend at least 95 percent of the proceeds from the sale of

				the issue for 1 or more qualified projects within the 3-year period beginning

				on such date,

										(B)

										to incur a binding commitment with a third party to spend at

				least 10 percent of the proceeds from the sale of the issue, or to commence

				construction, with respect to such projects within the 6-month period beginning

				on such date, and

										(C)

										to proceed with due diligence to complete such projects and to

				spend the proceeds from the sale of the issue.

									(2)

									Rules regarding continuing compliance after 3-year

				determination

									If at least 95 percent of the proceeds from the sale of the

				issue is not expended for 1 or more qualified projects within the 3-year period

				beginning on the date of issuance, but the requirements of paragraph (1) are

				otherwise met, an issue shall be treated as continuing to meet the requirements

				of this subsection if either—

										(A)

										the Rural Renaissance Corporation uses all unspent proceeds

				from the sale of the issue to redeem bonds of the issue within 90 days after

				the end of such 3-year period, or

										(B)

										the following requirements are met:

											(i)

											The Rural Renaissance Corporation spends at least 75 percent of

				the proceeds from the sale of the issue for 1 or more qualified projects within

				the 3-year period beginning on the date of issuance.

											(ii)

											The Rural Renaissance Corporation spends at least 95 percent of

				the proceeds from the sale of the issue for 1 or more qualified projects within

				the 4-year period beginning on the date of issuance, and uses all unspent

				proceeds from the sale of the issue to redeem bonds of the issue within 90 days

				after the end of the 4-year period beginning on the date of issuance.

								(h)

								Recapture of portion of credit where cessation of

				compliance

									(1)

									In general

									If any bond which when issued purported to be a rural

				renaissance bond ceases to be such a qualified bond, the Rural Renaissance

				Corporation shall pay to the United States (at the time required by the

				Secretary) an amount equal to the sum of—

										(A)

										the aggregate of the credits allowable under this section with

				respect to such bond (determined without regard to subsection (c)) for taxable

				years ending during the calendar year in which such cessation occurs and the 2

				preceding calendar years, and

										(B)

										interest at the underpayment rate under section 6621 on the

				amount determined under subparagraph (A) for each calendar year for the period

				beginning on the first day of such calendar year.

									(2)

									Failure to pay

									If the Rural Renaissance Corporation fails to timely pay the

				amount required by paragraph (1) with respect to such bond, the tax imposed by

				this chapter on each holder of any such bond which is part of such issue shall

				be increased (for the taxable year of the holder in which such cessation

				occurs) by the aggregate decrease in the credits allowed under this section to

				such holder for taxable years beginning in such 3 calendar years which would

				have resulted solely from denying any credit under this section with respect to

				such issue for such taxable years.

									(3)

									Special rules

										(A)

										Tax benefit rule

										The tax for the taxable year shall be increased under paragraph

				(2) only with respect to credits allowed by reason of this section which were

				used to reduce tax liability. In the case of credits not so used to reduce tax

				liability, the carryforwards and carrybacks under section 39 shall be

				appropriately adjusted.

										(B)

										No credits against tax

										Any increase in tax under paragraph (2) shall not be treated as

				a tax imposed by this chapter for purposes of determining—

											(i)

											the amount of any credit allowable under this part, or

											(ii)

											the amount of the tax imposed by section 55.

								(i)

								Rural Renaissance Trust Account

									(1)

									In general

									The following amounts shall be held in a Rural Renaissance

				Trust Account by the Rural Renaissance Corporation:

										(A)

										The proceeds from the sale of all bonds issued under this

				section.

										(B)

										The amount of any matching contributions with respect to such

				bonds.

										(C)

										The investment earnings on proceeds from the sale of such

				bonds.

										(D)

										Any earnings on any amounts described in subparagraph (A), (B),

				or (C).

									(2)

									Use of funds

									Amounts in the Rural Renaissance Trust Account may be used only

				to pay costs of qualified projects, redeem rural renaissance bonds, and fund

				the operations of the Rural Renaissance Corporation, except that amounts

				withdrawn from the Rural Renaissance Trust Account to pay costs of qualified

				projects may not exceed the aggregate proceeds from the sale of rural

				renaissance bonds described in subsection (e)(1)(A).

									(3)

									Use of remaining funds in Rural Renaissance Trust

				Account

									Upon the redemption of all rural renaissance bonds issued under

				this section, any remaining amounts in the Rural Renaissance Trust Account

				shall be available to the Rural Renaissance Corporation for any qualified

				project.

								(j)

								Qualified project

								For purposes of this section—

									(1)

									In general

									Subject to paragraph (3), the term qualified

				project means a project which—

										(A)

										includes 1 or more of the projects described in paragraph

				(2),

										(B)

										is located in a rural area, and

										(C)

										is proposed by a State and approved by the Rural Renaissance

				Corporation.

									(2)

									Projects described

									A project described in this paragraph is—

										(A)

										a water or waste treatment project,

										(B)

										a conservation project, including any project to protect water

				quality or air quality (including odor abatement), any project to prevent soil

				erosion, and any project to protect wildlife habitat, including any project to

				assist agricultural producers in complying with Federal, State, or local

				regulations,

										(C)

										an affordable housing project,

										(D)

										a community facility project, including hospitals, fire and

				police stations, and nursing and assisted-living facilities,

										(E)

										a value-added agriculture or renewable energy facility project

				for agricultural producers or farmer-owned entities, including any project to

				promote the production or processing of ethanol, biodiesel, animal waste,

				biomass, raw commodities, or wind as a fuel,

										(F)

										a rural venture capital project for, among others, farmer-owned

				entities,

										(G)

										a distance learning or telemedicine project,

										(H)

										a project to expand broadband technology, and

										(I)

										a rural teleworks project.

									(3)

									Special rules

									For purposes of this subsection—

										(A)

										any project described in subparagraph (E) or (F) of paragraph

				(2) for a farmer-owned entity may be considered a qualified project if such

				entity is located in a rural area, or in the case of a farmer-owned entity the

				headquarters of which are located in a nonrural area, if the project is located

				in a rural area, and

										(B)

										any project for a farmer-owned entity which is a facility

				described in paragraph (2)(E) for agricultural producers may be considered a

				qualified project regardless of whether the facility is located in a rural or

				nonrural area.

									(4)

									Approval guidelines and criteria

									(A)In

				generalNot later than 60 days after the date of the enactment of

				this section, the Rural Renaissance Corporation shall consult with the

				appropriate committees of Congress regarding the development of guidelines and

				criteria for the approval by the Corporation of projects as qualified projects

				for inclusion in the allocation plan established under subsection (f)(2)(A) and

				shall submit such guidelines and criteria to such committees.

									(B)Appropriate

				committees of CongressFor purposes of subparagraph (A), the term

				appropriate committees of Congress means the Committee on

				Agriculture, Nutrition, and Forestry, the Committee on Commerce, Science, and

				Transportation, and the Committee on Finance of the Senate and the Committee on

				Agriculture, the Committee on Energy and Commerce, and the Committee on Ways

				and Means of the House of Representatives.

								(k)

								Other definitions and special rules

								For purposes of this section—

									(1)

									Bond

									The term bond includes any obligation.

									(2)

									Rural area

									The term rural area means any area other

				than—

										(A)

										a city or town which has a population of greater than 50,000

				inhabitants, or

										(B)

										the urbanized area contiguous and adjacent to such a city or

				town.

									(3)

									Rural Renaissance Corporation

									The term Rural Renaissance Corporation means the

				Rural Renaissance Corporation established under section 379E of the

				Consolidated Farm and Rural Development

				Act.

									(4)

									Treatment of changes in use

									For purposes of subsection (e)(1)(A), the proceeds from the

				sale of an issue shall not be treated as used for a qualified project to the

				extent that the Rural Renaissance Corporation takes any action within its

				control which causes such proceeds not to be used for a qualified project. The

				Secretary shall specify remedial actions that may be taken (including

				conditions to taking such remedial actions) to prevent an action described in

				the preceding sentence from causing a bond to fail to be a rural renaissance

				bond.

									(5)

									Partnership; s corporation; and other pass-thru

				entities

									In the case of a partnership, trust, S corporation, or other

				pass-thru entity, rules similar to the rules of section 41(g) shall apply with

				respect to the credit allowable under subsection (a).

									(6)

									Bonds held by regulated investment companies

									If any rural renaissance bond is held by a regulated investment

				company, the credit determined under subsection (a) shall be allowed to

				shareholders of such company under procedures prescribed by the

				Secretary.

									(7)

									Credits may be stripped

									Under regulations prescribed by the Secretary—

										(A)

										In general

										There may be a separation (including at issuance) of the

				ownership of a rural renaissance bond and the entitlement to the credit under

				this section with respect to such bond. In case of any such separation, the

				credit under this section shall be allowed to the person who on the credit

				allowance date holds the instrument evidencing the entitlement to the credit

				and not to the holder of the bond.

										(B)

										Certain rules to apply

										In the case of a separation described in subparagraph (A), the

				rules of section 1286 shall apply to the rural renaissance bond as if it were a

				stripped bond and to the credit under this section as if it were a stripped

				coupon.

									(8)

									Reporting

									The Rural Renaissance Corporation shall submit reports similar

				to the reports required under section 149(e).

								.

				(b)

				Amendments to other Code sections

					(1)

					Reporting

					Subsection (d) of section 6049 of the Internal Revenue Code of

			 1986 (relating to returns regarding payments of interest) is amended by adding

			 at the end the following new paragraph:

							(8)

							Reporting of credit on rural renaissance bonds

								(A)

								In general

								For purposes of subsection (a), the term interest

				includes amounts includible in gross income under section 54(d) and such

				amounts shall be treated as paid on the credit allowance date (as defined in

				section 54(b)(4)).

								(B)

								Reporting to corporations, etc

								Except as otherwise provided in regulations, in the case of any

				interest described in subparagraph (A), subsection (b)(4) shall be applied

				without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i) of such

				subsection.

								(C)

								Regulatory authority

								The Secretary may prescribe such regulations as are necessary

				or appropriate to carry out the purposes of this paragraph, including

				regulations which require more frequent or more detailed reporting.

							.

					(2)

					Treatment for estimated tax purposes

						(A)

						Individual

						Section 6654 of such Code (relating to failure by individual to

			 pay estimated income tax) is amended by redesignating subsection (m) as

			 subsection (n) and by inserting after subsection (l) the following new

			 subsection:

								(m)

								Special rule for holders of rural renaissance bonds

								For purposes of this section, the credit allowed by section 54

				to a taxpayer by reason of holding a rural renaissance bond on a credit

				allowance date shall be treated as if it were a payment of estimated tax made

				by the taxpayer on such date.

							.

						(B)

						Corporate

						Subsection (g) of section 6655 of such Code (relating to failure

			 by corporation to pay estimated income tax) is amended by adding at the end the

			 following new paragraph:

								(5)

								Special rule for holders of rural renaissance bonds

								For purposes of this section, the credit allowed by section 54

				to a taxpayer by reason of holding a rural renaissance bond on a credit

				allowance date shall be treated as if it were a payment of estimated tax made

				by the taxpayer on such date.

							.

				(c)

				Clerical amendments

					(1)

					The table of subparts for part IV of subchapter A of chapter 1 of

			 the Internal Revenue Code of 1986 is amended by adding at the end the following

			 new item:

							Subpart H. Nonrefundable credit for

				holders of rural renaissance

				bonds.

						.

					(2)

					Section 6401(b)(1) of such Code is amended by striking and

			 G and inserting G, and H.

				(d)Effective

			 dateThe amendments made by this section shall apply to

			 obligations issued after December 31, 2005.


		II

		109th CONGRESS

		1st Session

		S. 1313

		IN THE SENATE OF THE UNITED

		  STATES

			June 27, 2005

			Mr. Cornyn introduced

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

			 Committee on the

			 Judiciary

		A BILL

		To protect homes, small businesses, and

		  other private property rights, by limiting the power of eminent

		  domain.

		1.Short titleThis Act may be cited as the

			 Protection of Homes, Small Businesses,

			 and Private Property Act of 2005.

		2.FindingsCongress finds the following:

			(1)The protection of homes, small businesses,

			 and other private property rights against government seizures and other

			 unreasonable government interference is a fundamental principle and core

			 commitment of our Nation's Founders.

			(2)As Thomas Jefferson wrote on April 6, 1816,

			 the protection of such rights is the first principle of association, the

			 guarantee to every one of a free exercise of his industry, and the fruits

			 acquired by it.

			(3)The Fifth Amendment of the United States

			 Constitution specifically provides that private property shall

			 not be taken for public use without just compensation.

			(4)The Fifth Amendment thus provides an

			 essential guarantee of liberty against the abuse of the power of eminent

			 domain, by permitting government to seize private property only for

			 public use.

			(5)On June 23, 2005, the United States Supreme

			 Court issued its decision in Kelo v. City of New London, No. 04–108.

			(6)As the Court acknowledged, it has

			 long been accepted that the sovereign may not take the property of A for the

			 sole purpose of transferring it to another private party B, and that

			 under the Fifth Amendment, the power of eminent domain may be used only

			 for public use.

			(7)The Court nevertheless held, by a 5–4 vote,

			 that government may seize the home, small business, or other private property

			 of one owner, and transfer that same property to another private owner, simply

			 by concluding that such a transfer would benefit the community through

			 increased economic development.

			(8)The Court's decision in Kelo is alarming

			 because, as Justice O'Connor accurately noted in her dissenting opinion, joined

			 by the Chief Justice and Justices Scalia and Thomas, the Court has

			 effectively . . . delete[d] the words for public use from

			 the Takings Clause of the Fifth Amendment and thereby refus[ed]

			 to enforce properly the Federal Constitution.

			(9)Under the Court's decision in Kelo, Justice

			 O'Connor warns, [t]he specter of condemnation hangs over all property.

			 Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton,

			 any home with a shopping mall, or any farm with a factory.

			(10)Justice O'Connor further warns that, under

			 the Court's decision in Kelo, [a]ny property may now be taken for the

			 benefit of another private party, and the fallout from this

			 decision will not be random. The beneficiaries are likely to be those citizens

			 with disproportionate influence and power in the political process, including

			 large corporations and development firms. As for the victims, the government

			 now has license to transfer property from those with fewer resources to those

			 with more. The Founders cannot have intended this perverse

			 result.

			(11)As an amicus brief filed by the National

			 Association for the Advancement of Colored People, AARP, and other

			 organizations noted, [a]bsent a true public use requirement the takings

			 power will be employed more frequently. The takings that result will

			 disproportionately affect and harm the economically disadvantaged and, in

			 particular, racial and ethnic minorities and the elderly.

			(12)It is appropriate for Congress to take

			 action, consistent with its limited powers under the Constitution, to restore

			 the vital protections of the Fifth Amendment and to protect homes, small

			 businesses, and other private property rights against unreasonable government

			 use of the power of eminent domain.

			(13)It would also be appropriate for States to

			 take action to voluntarily limit their own power of eminent domain. As the

			 Court in Kelo noted, nothing in our opinion precludes any State from

			 placing further restrictions on its exercise of the takings

			 power.

			3.Protection of homes,

			 small businesses, and other private property rights

			(a)In

			 generalThe power of eminent

			 domain shall be available only for public use.

			(b)Public

			 useIn this Act, the term

			 public use shall not be construed to include economic

			 development.

			(c)ApplicationThis Act shall apply to—

				(1)all exercises of eminent domain power by

			 the Federal Government; and

				(2)all exercises of eminent domain power by

			 State and local government through the use of Federal funds.