		IV
		111th CONGRESS
		1st Session
		H. RES. 590
		IN THE HOUSE OF REPRESENTATIVES

			June 26, 2009
			Mr. Wu (for himself
			 and Mr. Wolf) submitted the following
			 resolution; which was referred to the Committee on Foreign
			 Affairs

		RESOLUTION
		Expressing grave concerns about the
		  sweeping censorship, privacy, and cybersecurity implications of China’s Green
		  Dam filtering software, and urging U.S. high-tech companies to promote the
		  Internet as a tool for transparency, freedom of expression, and citizen
		  empowerment around the world.

		Whereas, on May 19, 2009, the Ministry of Industry and
			 Information Technology of the People's Republic of China issued a broad
			 directive requiring all personal computers sold in China to have preinstalled
			 filtering software, called Green Dam Youth Escort, starting July 1,
			 2009;
		Whereas online surveillance researchers assert that Green
			 Dam has the ability to block political and religious content and allow the
			 Chinese government to monitor Internet use and collect personal
			 information;
		Whereas in a report published on June 12, 2009, the
			 OpenNet Initiative, a joint project by the University of Toronto and Harvard,
			 Cambridge, and Oxford universities, found that the software hampers a
			 computer's performance by shutting down Web browsers and applications without
			 warning, in addition to creating serious security problems;
		Whereas, a June 15, 2009, report by the OpenNet Initiative
			 states, As a computing tool Green Dam is far more powerful than the
			 centralized filtering system China currently implements. It actively monitors
			 individual computer behavior to the extent that its language
			 processing tool can institute extremely intrusive kill
			 action on sites if the content algorithm detects inappropriate
			 sensitive political or religious speech;
		Whereas Green Dam has already been downloaded more than
			 3.2 million times, including downloads by thousands of schools that were
			 required to install the software by the end of May 2009;
		Whereas China is home to 298 million Internet users, the
			 largest population of Internet users in the world;
		Whereas in testimony before the Tom Lantos Human Rights
			 Commission on June 18, 2009, Daniel Calingaert, deputy director of programs at
			 Freedom House, said, The response to the introduction of Green Dam
			 censorship software in China provides just the most recent example of citizens
			 using the Internet to stand up to repressive regimes. Numerous experts in China
			 tested the software, and word about its harmful effects spread rapidly online.
			 Ordinary citizens voiced strong objections to the software and used social
			 networking tools to organize online protests against the Green
			 Dam;
		Whereas, on June 9, 2009, the Information Technology
			 Industry Council, the Software & Information Industry Association, the
			 Telecommunications Industry Association, and TechAmerica issued the following
			 joint statement: [We] urge the Chinese government to reconsider
			 implementing its new mandatory filtering software requirement and would welcome
			 the opportunity for a meaningful dialogue. We believe there should be an open
			 and healthy dialogue on how parental control software can be offered in the
			 market in ways that ensure privacy, system reliability, freedom of expression,
			 the free flow of information, security and user choice; and
		Whereas, on June 24, 2009, Secretary of Commerce Gary
			 Locke and United States Trade Representative Ron Kirk sent joint letters to
			 China's Ministry of Industry and Information Technology and China's Ministry of
			 Commerce, raising objections to Green Dam and expressing concerns that the
			 Chinese government's directive may violate China's commitments under the World
			 Trade Organization: Now, therefore, be it

		That the House of
			 Representatives—
			(1)expresses grave
			 concerns about the sweeping censorship, privacy, and cybersecurity implications
			 of the Green Dam filtering software;
			(2)calls on the
			 government of the People's Republic of China to rescind its requirement for
			 Green Dam to be preinstalled on all new computers;
			(3)expresses
			 unyielding support for the people of China in their quest for Internet freedom
			 and free expression; and
			(4)urges U.S.
			 high-tech companies to promote the Internet as a tool for transparency, freedom
			 of expression, and citizen empowerment around the world.


		II
		112th CONGRESS
		1st Session
		S. 1713
		IN THE SENATE OF THE UNITED STATES

			October 13, 2011
			Mrs. Boxer introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To establish a timely and expeditious process for voting
		  on the statutory debt limit.

		1.Short
			 titleThis Act may be cited as
			 the U.S.A. AAA Credit Restoration
			 Act.
		2.Amendment to
			 title 31Section 3101(b) of
			 title 31, United States Code, is amended to read as follows:

				(b)Limit
					(1)In
				generalNotwithstanding any other provision of law, 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) may not be more than an amount determined by the Secretary, as
				provided by this section.
					(2)Secretarial
				message
						(A)TimingOn
				the same day the President submits a budget to Congress as required by section
				1105 the Secretary shall submit to the Congress a message on the public debt
				limit.
						(B)ContentsThe
				message shall include an estimate of the amount the public debt limit will need
				to be increased, if necessary, for the period of time between the submission of
				the current Secretarial message and the Secretarial message that will be
				submitted the following year, as required by subparagraph (A), based on
				estimates of Federal revenues, mandatory expenditures, and discretionary
				expenditures.
						(3)Federal
				register noticeOn the same day the Secretary submits the message
				described in paragraph (2), the Secretary shall publish in the Federal Register
				the amount of the public debt limit that would be necessary to accommodate the
				requirements described in paragraph (2)(B).
					(4)Congressional
				disapproval process
						(A)Joint
				resolutionFor purposes of this section, the term joint
				resolution means only a joint resolution introduced in the period
				beginning on the date on which the notice described in paragraph (3) is
				published in the Federal Register and ending 3 days thereafter (excluding days
				either House of Congress is adjourned for more than 3 days during a session of
				Congress), the matter after the resolving clause of which is as follows:
				That Congress disapproves of the Secretary’s exercise of authority to
				increase the debt limit, as exercised pursuant to the certification under
				section 3101(b) of title 31, United States Code..
						(B)Expedited
				consideration in House of Representatives
							(i)ReconveningUpon
				publication of the Federal Register notice described in paragraph (3) the
				Speaker, if the House would otherwise be adjourned, shall notify the Members of
				the House that, pursuant to this subsection, the House shall convene not later
				than the second calendar day after receipt of such certification.
							(ii)Reporting and
				dischargeIf the committee to which is referred a joint
				resolution described in subparagraph (A) has not reported such joint resolution
				at the end of 6 calendar days after the publication of the Federal Register
				notice described in paragraph (3), such committee may be discharged from
				further consideration of such joint resolution upon a petition supported in
				writing by 218 Members of the House of Representatives, and such joint
				resolution shall be placed on the calendar.
							(iii)TimingA
				petition to discharge the joint resolution must be filed no later than 6
				calendar days after the publication of the Federal Register notice described in
				paragraph (3).
							(iv)Proceeding to
				considerationAfter each committee authorized to consider a joint
				resolution reports it to the House or has been discharged from its
				consideration, it shall be in order, not later than the 3 calendar days after
				the joint resolution under subparagraph (A) is reported or discharged, to move
				to proceed to consider the joint resolution in the House. All points of order
				against the motion are waived. Such a motion shall not be in order after the
				House 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.
							(v)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 two hours of debate equally divided and
				controlled by the proponent and an opponent. A motion to reconsider the vote on
				passage of the joint resolution shall not be in order.
							(C)Expedited
				procedure in the Senate
							(i)ReconveningUpon
				publication of the Federal Register notice described in paragraph (3), if the
				Senate has adjourned or recessed for more than 2 days, the majority leader of
				the Senate, after consultation with the minority leader of the Senate, shall
				notify the Members of the Senate that, pursuant to this section, the Senate
				shall convene not later than the second calendar day after publication of such
				notice.
							(ii)Reporting and
				dischargeIf the committee to which is referred a joint
				resolution described in subparagraph (A) has not reported such joint resolution
				at the end of 6 calendar days after the publication of Federal Register notice
				described in paragraph (3), such committee may be discharged from further
				consideration of such joint resolution upon a petition supported in writing by
				40 Members of the Senate, and such joint resolution shall be placed on the
				calendar.
							(iii)TimingA
				petition to discharge the joint resolution must be filed no later than 6
				calendar days after the publication of the Federal Register notice described in
				paragraph (3).
							(iv)Proceeding to
				considerationWhen the committee to which a joint resolution
				described in subparagraph (A) is referred has reported, or when a committee is
				discharged, it is at any time thereafter in order for a motion 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 is not subject to amendment, or to a motion to postpone, or
				to a motion to proceed to the consideration of other business. A motion to
				reconsider the vote by which the motion is agreed to or disagreed to shall not
				be in order. If a motion to proceed to the consideration of the joint
				resolution is agreed to, the joint resolution shall remain the unfinished
				business of the Senate until disposed of.
							(v)ConsiderationConsideration
				of the joint resolution described in subparagraph (A) 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 those favoring and those
				opposing the joint resolution. 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.
							(vi)Vote on
				passageIf the Senate has voted to proceed to the joint
				resolution described in subparagraph (A), 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.
							(vii)Rulings of
				the chair on procedureAppeals from the decisions of the Chair
				relating to the application of the rules of the Senate to the procedure
				relating to a joint resolution described in subparagraph (A) shall be decided
				without debate.
							(D)Amendment not
				in orderA joint resolution considered pursuant to this
				subsection shall not be subject to amendment in either the House of
				Representatives or the Senate.
						(E)Coordination
				with action by other houseIf, before passing the joint
				resolution described in subsection (A), one House receives from the other a
				joint resolution—
							(i)the joint
				resolution of the other House shall not be referred to a committee;
							(ii)the procedure in
				the receiving House shall be the same as if no joint resolution had been
				received from the other House until the vote on passage, when the joint
				resolution received from the other House shall supplant the joint resolution of
				the receiving House;
							(iii)if 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;
							(iv)if, following
				passage of the joint resolution in the Senate, the Senate then receives the
				companion measure from the House of Representatives, the companion measure
				shall not be debatable; and
							(v)debate 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.
							(F)Rules of house
				of representatives and senateThis paragraph is enacted by
				Congress—
							(i)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
							(ii)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.
							.
		3.Effective
			 dateThe amendment made by
			 section 2 shall take effect January 1, 2013.


114 SJ 6 IS: Proposing an amendment to the Constitution of the United States relative to balancing the budget.
U.S. Senate
2015-02-04
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.

IIA114th CONGRESS1st SessionS. J. RES. 6IN THE SENATE OF THE UNITED STATESFebruary 4, 2015Mr. Hatch (for himself, Mr. Cornyn, Mr. Lee, Mr. McCain, Mr. Enzi, Mr. Scott, Mr. Johnson, Mr. Inhofe, Mr. Blunt, Mr. Moran, Mr. Isakson, Mr. Gardner, Mr. Hoeven, Mr. Barrasso, Mr. Crapo, Mr. Wicker, Mr. Vitter, Mr. Heller, Mr. Alexander, Mr. Toomey, Mr. Boozman, Ms. Ayotte, Mr. Thune, Mr. Kirk, Mr. Roberts, Mr. Portman, Mr. Cruz, Mr. Graham, Mr. Cassidy, Mr. Rubio, Ms. Murkowski, Mrs. Fischer, Mr. Flake, Mr. Risch, Mr. Perdue, Mr. Cochran, Mr. Lankford, Mr. Burr, Mrs. Capito, Mr. Sullivan, Mr. Daines, Mr. Rounds, Mr. McConnell, Mr. Grassley, Mr. Coats, Mrs. Ernst, Mr. Tillis, Mr. Cotton, Ms. Collins, Mr. Shelby, Mr. Corker, Mr. Paul, Mr. Sessions, and Mr. Sasse) introduced the following joint resolution; which was read twice and referred to the Committee on the Judiciary
 JOINT RESOLUTIONProposing an amendment to the Constitution of the United States relative to balancing the budget. That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: —1.Total outlays for any fiscal year shall not exceed total receipts for that fiscal year, unless two-thirds of the duly chosen and sworn Members of each House of Congress shall provide by law for a specific excess of outlays over receipts by a roll call vote.2.Total outlays for any fiscal year shall not exceed 18 percent of the gross domestic product of the United States for the calendar year ending before the beginning of such fiscal year, unless two-thirds of the duly chosen and sworn Members of each House of Congress shall provide by law for a specific amount in excess of such 18 percent by a roll call vote.3.Prior to each fiscal year, the President shall transmit to Congress a proposed budget for the United States Government for that fiscal year in which—(1)total outlays do not exceed total receipts; and(2)total outlays do not exceed 18 percent of the gross domestic product of the United States for the calendar year ending before the beginning of such fiscal year.4.Any bill that imposes a new tax or increases the statutory rate of any tax or the aggregate amount of revenue may pass only by a two-thirds majority of the duly chosen and sworn Members of each House of Congress by a roll call vote. For the purpose of determining any increase in revenue under this section, there shall be excluded any increase resulting from the lowering of the statutory rate of any tax.5.The limit on the debt of the United States shall not be increased, unless three-fifths of the duly chosen and sworn Members of each House of Congress shall provide for such an increase by a roll call vote.6.Congress may waive the provisions of sections 1, 2, 3, and 5 of this article for any fiscal year in which a declaration of war against a nation-state is in effect and in which a majority of the duly chosen and sworn Members of each House of Congress shall provide for a specific excess by a roll call vote.7.Congress may waive the provisions of sections 1, 2, 3, and 5 of this article in any fiscal year in which the United States is engaged in a military conflict that causes an imminent and serious military threat to national security and is so declared by three-fifths of the duly chosen and sworn Members of each House of Congress by a roll call vote. Such suspension must identify and be limited to the specific excess of outlays for that fiscal year made necessary by the identified military conflict.8.No court of the United States or of any State shall order any increase in revenue to enforce this article.9.Total receipts shall include all receipts of the United States Government except those derived from borrowing. Total outlays shall include all outlays of the United States Government except those for repayment of debt principal.10.Congress shall have power to enforce and implement this article by appropriate legislation, which may rely on estimates of outlays, receipts, and gross domestic product.11.This article shall take effect beginning with the fifth fiscal year beginning after its ratification..


115 HR 2742 : Modernizing the Interstate Placement of Children in Foster Care Act
U.S. House of Representatives
2017-06-21
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.

		II
		115th CONGRESS1st Session
		H. R. 2742
		IN THE SENATE OF THE UNITED STATES
		June 21, 2017ReceivedAN ACT
		To amend title IV of the Social Security Act to require States to adopt an electronic system to
			 help expedite the placement of children in foster care or guardianship, or
			 for adoption, across State lines, and to provide funding to aid States in
			 developing such a system, and for other purposes.

 1.Short titleThis Act may be cited as the Modernizing the Interstate Placement of Children in Foster Care Act. 2.FindingsThe Congress finds that—
 (1)when a child in foster care cannot return safely home, the child deserves to be placed in a setting that is best for that child, regardless of whether it is in the child’s State or another State;
 (2)the Interstate Compact on the Placement of Children (ICPC) was established in 1960 to provide a uniform legal framework for the placement of children across State lines in foster and adoptive homes;
 (3)frequently, children waiting to be placed with an adoptive family, relative, or foster parent in another State spend more time waiting for this to occur than children who are placed with an adoptive, family, relative, or foster parent in the same State, because of the outdated, administratively burdensome ICPC process;
 (4)no child should have to wait longer to be placed in a loving home simply because the child must cross a State line;
 (5)the National Electronic Interstate Compact Enterprise (NEICE) was launched in August 2014 in Indiana, Nevada, Florida, South Carolina, Wisconsin, and the District of Columbia, has since expanded into Illinois, Virginia, Rhode Island, California, Alaska, Nebraska, and Georgia, and is expected to be expanded into additional States to improve the administrative process by which children are placed with families across State lines;
 (6)States using this electronic interstate case-processing system have reduced administrative costs and the amount of staff time required to process these cases, and caseworkers can spend more time helping children instead of copying and mailing paperwork between States;
 (7)since NEICE was launched, placement time has decreased by 30 percent for interstate foster care placements; and
 (8)on average, States using this electronic interstate case-processing system have been able to reduce from 24 business days to 13 business days the time it takes to identify a family for a child and prepare the paperwork required to start the ICPC process.
			3.State plan requirement
 (a)In generalSection 471(a)(25) of the Social Security Act (42 U.S.C. 671(a)(25)) is amended— (1)by striking provide and insert provides; and
 (2)by inserting , which in the case of a State other than the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa, not later than October 1, 2027, shall include the use of an electronic interstate case-processing system before the first semicolon.
 (b)Exemption of Indian tribesSection 479B(c) of such Act (42 U.S.C. 679c(c)) is amended by adding at the end the following:  (4)Inapplicability of State plan requirement to have in effect procedures providing for the use an electronic interstate case-processing systemThe requirement in section 471(a)(25) that a State plan provide that the State shall have in effect procedures providing for the use of an electronic interstate case-processing system shall not apply to an Indian tribe, tribal organization, or tribal consortium that elects to operate a program under this part..
			(c)Effective date
 (1)In generalThe amendments made by subsection (a) shall take effect on the first day of the first calendar quarter beginning on or after the date of the enactment of this Act, and shall apply to payments under part E of title IV of the Social Security Act for calendar quarters beginning on or after such date.
 (2)Delay permitted if state legislation requiredIf the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan developed pursuant to part E of title IV of the Social Security Act to meet the additional requirement imposed by the amendments made by subsection (a), the plan shall not be regarded as failing to meet any of the additional requirements before the first day of the first calendar quarter beginning after the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the preceding sentence, if the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.
				4.Funding for the development of an electronic interstate case-processing system to expedite the
			 interstate placement of children in foster care or guardianship, or for
 adoptionSection 437 of the Social Security Act (42 U.S.C. 629g) is amended by adding at the end the following:

				(g)Funding for the development of an electronic interstate case-Processing system To expedite the
			 interstate placement of children in foster care or guardianship, or for
			 adoption
 (1)PurposeThe purpose of this subsection is to facilitate the development of an electronic interstate case-processing system for the exchange of data and documents to expedite the placements of children in foster, guardianship, or adoptive homes across State lines.
 (2)RequirementsA State that seeks funding under this subsection shall submit to the Secretary the following information:
 (A)A description of the goals and outcomes to be achieved, which goals and outcomes must result in— (i)reducing the time it takes for a child to be provided with a safe and appropriate permanent living arrangement across State lines;
 (ii)improving administrative processes and reducing costs in the foster care system; and (iii)the secure exchange of relevant case files and other necessary materials in real time, and timely communications and placement decisions regarding interstate placements of children.
 (B)A description of the activities to be funded in whole or in part with the funds, including the sequencing of the activities.
 (C)A description of the strategies for integrating programs and services for children who are placed across State lines.
 (D)Such other information as the Secretary may require. (3)Funding authorityThe Secretary may provide funds to a State that complies with paragraph (2). In providing funds under this section, the Secretary shall prioritize States that are not yet connected with the electronic interstate case-processing system referred to in paragraph (1).
 (4)Use of fundsA State to which funding is provided under this subsection shall use the funding to support the State in connecting with, or enhancing or expediting services provided under, the electronic interstate case-processing system referred to in paragraph (1).
 (5)EvaluationsNot later than 1 year after the final year in which funds are awarded under this subsection, the Secretary shall submit to the Congress, and make available to the general public by posting on a website, a report that contains the following information:
 (A)How using the electronic interstate case-processing system developed pursuant to paragraph (4) has changed the time it takes for children to be placed across State lines.
 (B)The number of cases subject to the Interstate Compact on the Placement of Children that were processed through the electronic interstate case-processing system, and the number of interstate child placement cases that were processed outside the electronic interstate case-processing system, by each State in each year.
 (C)The progress made by States in implementing the electronic interstate case-processing system. (D)How using the electronic interstate case-processing system has affected various metrics related to child safety and well-being, including the time it takes for children to be placed across State lines.
 (E)How using the electronic interstate case-processing system has affected administrative costs and caseworker time spent on placing children across State lines.
 (6)Data integrationThe Secretary, in consultation with the Secretariat for the Interstate Compact on the Placement of Children and the States, shall assess how the electronic interstate case-processing system developed pursuant to paragraph (4) could be used to better serve and protect children that come to the attention of the child welfare system, by—
 (A)connecting the system with other data systems (such as systems operated by State law enforcement and judicial agencies, systems operated by the Federal Bureau of Investigation for the purposes of the Innocence Lost National Initiative, and other systems);
 (B)simplifying and improving reporting related to paragraphs (34) and (35) of section 471(a) regarding children or youth who have been identified as being a sex trafficking victim or children missing from foster care; and
 (C)improving the ability of States to quickly comply with background check requirements of section 471(a)(20), including checks of child abuse and neglect registries as required by section 471(a)(20)(B)..
 5.Continuation of discretionary funding to promote safe and stable familiesSection 437(a) of the Social Security Act (42 U.S.C. 629g(a)) is amended by striking 2016 and inserting 2018. 6.Reservation of funds to improve the interstate placement of childrenSection 437(b) of the Social Security Act (42 U.S.C. 629g(b)) is amended by adding at the end the following:

 (4)Improving the interstate placement of childrenThe Secretary shall reserve $5,000,000 of the amount made available for fiscal year 2018 for providing funding under subsection (g), and the amount so reserved shall remain available through fiscal year 2022..
		Passed the House of Representatives June 20, 2017.Karen L. Haas,Clerk.


		II
		Calendar No. 55
		112th CONGRESS
		1st Session
		S. 629
		[Report No. 112–19]
		IN THE SENATE OF THE UNITED STATES

			March 17, 2011
			Ms. Murkowski (for
			 herself, Mr. Begich,
			 Mr. Bingaman, Ms. Cantwell, Mr.
			 Crapo, Mrs. Murray,
			 Mr. Risch, Mr.
			 Whitehouse, and Mr. Wyden)
			 introduced the following bill; which was read twice and referred to the
			 Committee on Energy and Natural
			 Resources

			May 18, 2011
			Reported by Mr.
			 Bingaman, with an amendment
			Omit the part struck through and insert the part
			 printed in italic

		A BILL
		To improve hydropower, and for other
		  purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Hydropower Improvement Act of
			 2011.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Findings.
					Sec. 3. Definitions.
					Sec. 4. Sense of the Senate on the use of hydropower renewable
				resources.
					Sec. 5. Competitive grants for improvements for increased
				hydropower production.
					Sec. 6. Plan for research, development, and demonstration to
				increase hydropower capacity.
					Sec. 7. Promoting hydropower development at nonpowered dams and
				closed loop pumped storage projects.
					Sec. 8. Promoting conduit hydropower projects and small
				hydroelectric power projects.
					Sec. 9. FERC authority to extend preliminary permit
				terms.
					Sec. 10. Study of non-Federal hydropower development at Bureau
				of Reclamation projects.
					Sec. 11. Study of potential hydropower from
				conduits.
					Sec. 12. Study of pumped storage.
					Sec. 13. Report on memorandum of understanding on
				hydropower.
					Sec. 14. Nonapplication to Federal Power Marketing
				Administrations.
					Sec. 15. Budgetary effects.

			2.FindingsCongress finds that—
			(1)hydropower is the largest source of clean,
			 renewable electricity in the United States;
			(2)as of the date of enactment of this Act,
			 hydropower resources, including pumped storage facilities, provide—
				(A)nearly 7 percent of the electricity
			 generated in the United States, avoiding approximately 200,000,000 metric tons
			 of carbon emissions each year; and
				(B)approximately 100,000 megawatts of electric
			 capacity in the United States;
				(3)only 3 percent of
			 the 80,000 dams in the United States generate electricity so there is
			 substantial potential for adding hydropower generation to nonpower dams;
			(4)in every State, a tremendous untapped
			 growth potential exists in hydropower resources, including—
				(A)efficiency improvements and capacity
			 additions;
				(B)adding generation to nonpower dams;
				(C)conduit hydropower;
				(D)conventional hydropower;
				(E)pumped storage facilities; and
				(F)new marine and hydrokinetic resources;
			 and
				(5)improvements in
			 increased hydropower production in the United States have the potential—
				(A)to increase the clean energy generation of
			 the United States;
				(B)to improve
			 project performance and result in better environmental outcomes; and
				(C)to provide ancillary benefits that include
			 grid reliability, energy storage, and integration services for variable
			 renewable resources.
				3.DefinitionsIn this Act:
			(1)ConduitThe
			 term conduit means any tunnel, canal, pipeline, aqueduct, flume,
			 ditch, or similar manmade water conveyance that is operated for the
			 distribution of water for agricultural, municipal, or industrial consumption
			 and not primarily for the generation of electricity.
			(2)SecretaryThe term Secretary means the
			 Secretary of Energy.
			(3)Small
			 hydroelectric power projectThe term small hydroelectric
			 power project has the meaning given the term in section 4.30 of title
			 18, Code of Federal Regulations.
			4.Sense of the
			 Senate on the use of hydropower renewable resourcesIt is the sense of the Senate that the
			 United States should increase substantially the capacity and generation of
			 clean, renewable hydropower which will improve the environmental quality of
			 resources in the United States and support local job creation and economic
			 investment across the United States.
		5.Competitive
			 grants for improvements for increased hydropower production
			(a)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Secretary shall establish in the Department of Energy a program
			 under which the Secretary shall make competitive grants to eligible entities
			 (including States and political subdivisions) that—
				(1)in the case of a
			 hydroelectric power generating facility in existence on the date of enactment
			 of this Act—
					(A)make efficiency
			 improvements or capacity additions at the facility; or
					(B)address aging
			 infrastructure at the facility;
					(2)add hydropower
			 generation to a nonpower dam in existence as of the date of enactment of this
			 Act;
				(3)develop
			 hydroelectric generation within existing conduits;
				(4)develop and
			 perform studies to meet applicable environmental requirements for increased
			 hydropower production; or
				(5)carry out
			 necessary environmental mitigation measures.
				(b)Administration
				(1)In
			 generalThe Secretary shall establish terms and conditions,
			 including eligibility, for the receipt of grants under this section.
				(2)InclusionsIn
			 carrying out this section, the Secretary shall ensure that powerhouses and
			 projects that require new infrastructure are included among the eligible
			 entities that may receive grants under this section.
				(c)Cost
			 sharingThe Secretary shall carry out the program under this
			 section in compliance with sections 988 and 989 of the Energy Policy Act of
			 2005 (42 U.S.C. 16352, 16353).
			(d)FundingFrom
			 amounts made available under section 625(e) of the Energy Independence and
			 Security Act of 2007 (42 U.S.C. 17204(e)), the Secretary may use to carry out
			 this section $50,000,000 for each of fiscal years 2012 through 2016, of which
			 not more than 20 percent of the amount made available for a fiscal year may be
			 used to carry out an individual project.
			6.Plan for
			 research, development, and demonstration to increase hydropower
			 capacity
			(a)In
			 generalNot later than 270 days after the date of enactment of
			 this Act, the Secretary shall establish and implement a plan—
				(1)to facilitate
			 through research, development, and demonstration the increased use and
			 generation of renewable hydropower; and
				(2)to coordinate
			 research and development on innovative technological advancements in hydropower
			 equipment, efficiency, and operations that can substantially improve
			 environmental quality.
				(b)AdministrationThe
			 Secretary shall—
				(1)review and update
			 the plan on an annual basis; and
				(2)report on
			 progress made pursuant to the plan on an annual basis to the Committee of
			 Energy and Natural Resources of the Senate and the Committee on Energy and
			 Commerce of the House of Representatives.
				(c)Technical
			 assistance
				(1)In
			 generalAs part of the plan established under this section, the
			 Secretary shall provide technical assistance to applicants and licensees
			 covered by part I of the Federal Power Act (16 U.S.C. 792 et seq.) to develop
			 and perform environmental studies, or comply with applicable environmental
			 requirements, to obtain or renew licenses for hydropower projects.
				(2)ConsultationThe
			 Secretary shall carry out this subsection in consultation with (as
			 appropriate)—
					(A)the Secretary of
			 the Interior;
					(B)the Secretary of
			 Commerce;
					(C)the Secretary of
			 Agriculture; and
					(D)the Administrator
			 of the Environmental Protection Agency.
					(d)CoordinationThe
			 Secretary shall coordinate, to the maximum extent practicable, activities under
			 this section with other programs of the Department of Energy and other Federal
			 research programs.
			(e)FundingFrom
			 amounts made available under section 812(g) of the Energy Policy Act of 2005
			 (42 U.S.C. 16161(g)), the Secretary may use to carry out this section
			 $50,000,000 for each of fiscal years 2012 through 2016.
			7.Promoting
			 hydropower development at nonpowered dams and closed loop pumped storage
			 projects
			(a)In
			 generalTo improve the regulatory process and reduce delays and
			 costs for hydropower development at nonpowered dams and closed loop pumped
			 storage projects, the Federal Energy Regulatory Commission (referred to in this
			 section as the Commission) shall investigate the feasibility of
			 the issuance of a license for certain hydropower development during the 2-year
			 period beginning on the date of commencement of the prefiling licensing process
			 of the Commission (referred to in this section as a 2-year
			 process).
			(b)Workshops and
			 pilotsThe Commission shall—
				(1)not later than 60
			 days after the date of enactment of this Act, hold an initial workshop to
			 solicit public comment and recommendations on how to implement a 2-year
			 process;
				(2)develop criteria
			 for identifying projects featuring hydropower development at nonpowered dams
			 and closed loop pumped storage projects that may be appropriate for licensing
			 within a 2-year process;
				(3)not later than
			 180 days after the date of enactment of this Act, develop and implement pilot
			 projects to test a 2-year process, if practicable; and
				(4)not later than 3
			 years after the date of implementation of any pilot project to test a 2-year
			 process, hold a final workshop to solicit public comment on the effectiveness
			 of the pilot project.
				(c)Memorandum of
			 understandingThe Commission shall, to the maximum extent
			 practicable, enter into a memorandum of understanding with any applicable
			 Federal or State agency to implement a pilot project described in subsection
			 (b).
			(d)Reports
				(1)Pilot projects
			 not implementedIf the Commission determines that the pilot
			 projects described in subsection (b) are not practicable, not later than 240
			 days after the date of enactment of this Act, the Commission shall submit to
			 the Committee on Energy and Natural Resources of the Senate and the Committee
			 on Energy and Commerce of the House of Representatives a report that—
					(A)describes the
			 public comments received as part of the initial workshop held under subsection
			 (b)(1); and
					(B)identifies the
			 process, legal, environmental, economic, and other issues that justify the
			 determination of the Commission that a 2-year process is not practicable, with
			 recommendations on how Congress may address or remedy the identified
			 issues.
					(2)Pilot projects
			 implementedIf the Commission develops and implements pilot
			 projects involving a 2-year process described in subsection (b), not later than
			 60 days after the date of completion of any final workshop held under
			 subsection (b)(3)(b)(4), the Commission shall
			 submit to the Committee on Energy and Natural Resources of the Senate and the
			 Committee on Energy and Commerce of the House of Representatives a report
			 that—
					(A)describes the
			 outcomes of the pilot projects;
					(B)describes the
			 public comments from the final workshop on the effectiveness of the pilot
			 projects; and
					(C)(i)outlines how the
			 Commission will adopt policies under existing law (including regulations) that
			 result in a 2-year process;
						(ii)outlines how the Commission will
			 proceed with a rulemaking to adopt a 2-year process in the regulations of the
			 Commission; or
						(iii)identifies the process, legal,
			 environmental, economic, and other issues that justify the determination of the
			 Commission that a 2-year process is not practicable, with recommendations on
			 how Congress may address or remedy the identified issues.
						8.Promoting
			 conduit hydropower projects and small hydroelectric power projects
			(a)Conduit
			 hydropower projects
				(1)In
			 generalSection 30 of the
			 Federal Power Act (16 U.S.C. 823a) is amended—
					(A)in subsection (a), by striking paragraphs
			 (1) and (2) and inserting the following:

							(1)is located on
				non-Federal lands or Federal lands; and
							(2)uses for the
				generation only the hydroelectric potential of a
				conduit.
							;

					(B)in subsection
			 (c)—
						(i)in
			 the matter preceding paragraph (1), by striking the United
			 States and all that follows through and the State agency
			 and inserting the Secretary of the department that supervises the land
			 on which the facility is or will be located, the United States Fish and
			 Wildlife Service, the National Marine Fisheries Service, and the State
			 agency; and
						(ii)in
			 paragraph (1), by striking the Fish and Wildlife Service National Marine
			 Fisheries Service and inserting the Secretary of the department
			 that supervises the land on which the facility is or will be located, the
			 United States Fish and Wildlife Service, the National Marine Fisheries
			 Service,; and
						(C)by adding at the
			 end the following:

							(f)Savings
				clauseNothing in this section alters or affects the authority of
				the Secretary of the Interior under the reclamation laws—
								(1)to authorize
				private hydropower development under a lease of power privilege; or
								(2)to develop other
				hydropower generation at facilities of the Bureau of Reclamation.
								(g)Definition of
				conduitIn this section, the term conduit means any
				tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water
				conveyance that is operated for the distribution of water for agricultural,
				municipal, or industrial consumption and not primarily for the generation of
				electricity.
							.
					(2)Memorandum of
			 understanding on conduit hydropower projectsNot later than 180 days after the date of
			 enactment of this Act, the Federal Energy Regulatory Commission shall enter
			 into a memorandum of understanding with relevant Federal agencies that have
			 conditioning authority under section 30(c)(1) of the Federal Power Act (16
			 U.S.C.823a(c)(1))—
					(A)to establish a coordinated and more
			 efficient approach to any environmental impact statement or similar analysis
			 required under the National Environmental
			 Policy Act of 1969 (42 U.S.C. 4321 et seq.) relating to the
			 consideration of conduit hydropower projects;
					(B)to develop and
			 carry out an expedited approval process for conduit hydropower projects,
			 including using existing authority—
						(i)to
			 aggregate appropriate conduit projects for consideration in a consolidated
			 license or exemption; and
						(ii)to
			 remove a conduit project from the aggregated projects if the removal is
			 necessary to facilitate approval of the consolidated license or
			 exemption.
						(3)Public
			 workshops and pilot projects on conduit hydropower projects
					(A)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Commissioner of Reclamation and the Federal Energy Regulatory
			 Commission shall conduct 3 regional public workshops with relevant
			 stakeholders, including water users and the environmental community, to
			 identify ways in which the conduit approval process may be modified—
						(i)to reduce
			 barriers to conduit hydropower projects, including barriers created by project
			 costs or the timeframe to approve and maintain adequate environmental, health,
			 and safety protections;
						(ii)to
			 develop pilot projects in conjunction with voluntary participants to
			 demonstrate flexible and innovative ways to reduce barriers to conduit
			 hydropower while maintaining adequate environmental, health, and safety
			 protections; and
						(iii)to develop a
			 category of microhydropower conduit projects, such as projects involving
			 municipal pressure reduction valves and the pressurization of existing
			 irrigation conveyances, that may be approved through a simple application
			 process while maintaining adequate environmental, health, and safety
			 protections.
						(B)ReportNot
			 later than 180 days after the date of completion of the regional workshops
			 under subparagraph (A), the Commissioner of Reclamation and the Federal Energy
			 Regulatory Commission shall submit to the appropriate committees of Congress a
			 report that describes any recommendations for the conduit approval process
			 developed in the workshops and pilot projects described in subparagraph
			 (A).
					(C)FundingFrom
			 amounts made available under section 812(g) of the Energy Policy Act of 2005
			 (42 U.S.C. 16161(g)), the Commissioner of Reclamation and the Federal Energy
			 Regulatory Commission may use to carry out pilot projects described in
			 subparagraph (A)(ii) $5,000,000 for the period of fiscal years 2012 through
			 2016, to remain available until expended.
					(b)Small
			 hydroelectric power projects
				(1)In
			 generalAs soon as practicable after the date of enactment of
			 this Act, the Federal Energy Regulatory Commission shall conduct 3 regional
			 public workshops with relevant stakeholders, including States and the
			 environmental community—
					(A)to reduce
			 barriers for small hydroelectric power projects, including barriers created by
			 project costs or the timeframe to approve and maintain adequate environmental,
			 health, and safety protections;
					(B)to develop pilot
			 projects in conjunction with voluntary participants to demonstrate flexible and
			 innovative ways to reduce barriers for small hydroelectric power projects while
			 maintaining adequate environmental, health, and safety protections;
					(C)to use existing
			 authority—
						(i)to aggregate
			 appropriate small hydroelectric power projects for consideration in a
			 consolidated license or exemption; and
						(ii)to remove a
			 small hydroelectric power project from the aggregated projects if the removal
			 is necessary to facilitate approval of the consolidated license or exemption;
			 and
						(D)to determine
			 whether the rated capacity for small hydroelectric power projects established
			 by the Commission should be increased from 5 electrical megawatts.
					(2)ReportNot
			 later than 180 days after the date of completion of the workshops under
			 paragraph (1), the Federal Energy Regulatory Commission shall submit to the
			 appropriate committees of Congress a report that describes any recommendations
			 developed in the workshops and pilot projects described in paragraph
			 (1).
				(3)FundingFrom
			 amounts made available under section 812(g) of the Energy Policy Act of 2005
			 (42 U.S.C. 16161(g)), the Federal Energy Regulatory Commission may use to carry
			 out pilot projects described in paragraph (1)(B) $5,000,000 for the period of
			 fiscal years 2012 through 2016, to remain available until expended.
				9.FERC authority
			 to extend preliminary permit termsSection 5 of the Federal Power Act (16
			 U.S.C. 798) is amended—
			(1)by designating the first, second, and third
			 sentences as subsections (a), (c), and (d), respectively; and
			(2)by inserting after subsection (a) (as so
			 designated) the following:

					(b)ExtensionThe
				Commission may extend the term of a preliminary permit once for not more than 2
				additional years if the Commission finds that the permittee has carried out
				activities under the permit in good faith and with reasonable
				diligence.
					.
			10.Study of
			 non-Federal hydropower development at Bureau of Reclamation projects
			(a)Study of
			 non-Federal hydropower development at Bureau of Reclamation
			 projectsNot later than 180 days after the date of enactment of
			 this section, the Commissioner of Reclamation (in consultation with the Federal
			 Energy Regulatory Commission, preference power customers, water users, and
			 other interested stakeholders) shall—
				(1)conduct a study
			 of barriers to non-Federal hydropower development at Bureau of Reclamation
			 projects; and
				(2)report to
			 Congress the results of the study.
				(b)Memorandum of
			 understanding
				(1)In
			 generalNot later than 180 days after the date of enactment of
			 this section, the Commissioner of Reclamation and the Federal Energy Regulatory
			 Commission shall develop and issue an interagency memorandum of understanding
			 to improve the coordination and timeliness of the non-Federal development of
			 hydropower resources at Bureau of Reclamation projects.
				(2)ContentThe
			 memorandum of understanding described in paragraph (1) shall identify—
					(A)which agency has
			 responsibility for permitting and licensing non-Federal development of
			 hydropower at each Bureau of Reclamation project; and
					(B)the process or
			 procedure to be followed for non-Federal hydropower development, including
			 conduit hydroelectric power, at each Bureau of Reclamation project.
					(c)AdministrationNothing
			 in this section alters or affects the authority of the Secretary of the
			 Interior under the reclamation laws—
				(1)to authorize
			 private hydropower development under a lease of power privilege; or
				(2)to develop other
			 hydropower generation at facilities of the Bureau of Reclamation.
				11.Study of
			 potential hydropower from conduits
			(a)In
			 generalThe Secretary shall conduct a study of the potential
			 quantity of hydropower that may be obtained from conduits in the United
			 States.
			(b)ReportNot
			 later than 1 year after the date of enactment of this Act, the Secretary shall
			 submit to the Committee on Energy and Natural Resources of the Senate and the
			 Committee on Energy and Commerce of the House of Representatives a report that
			 describes the results of the study conducted under subsection (a), including
			 any recommendations.
			12.Study of pumped
			 storage
			(a)In
			 generalThe Secretary, in coordination with the Director of the
			 United States Geological Survey, shall conduct a study (including
			 identification) of Federal and non-Federal land that is well-suited for pumped
			 storage sites and is located near existing or potential sites of intermittent
			 renewable resource development, such as wind farms.
			(b)ReportNot
			 later than 1 year after the date of enactment of this Act, the Secretary shall
			 submit to the Committee on Energy and Natural Resources of the Senate and the
			 Committee on Energy and Commerce of the House of Representatives a report that
			 describes the results of the study conducted under subsection (a), including
			 any recommendations.
			13.Report on
			 memorandum of understanding on hydropowerNot later than 180 days after the date of
			 enactment of this Act, the President shall submit to the Committee on Energy
			 and Natural Resources of the Senate and the Committee on Energy and Commerce of
			 the House of Representatives a report on actions taken by the Department of
			 Energy, the Department of the Interior, and the Corps of Engineers to carry out
			 the memorandum of understanding on hydropower entered into on March 24, 2010,
			 with particular emphasis on actions taken by the agencies to work together and
			 investigate ways to efficiently and responsibly facilitate the Federal
			 permitting process for Federal and non-Federal hydropower projects at Federal
			 facilities, within existing authority.
		14.Nonapplication
			 to Federal Power Marketing Administrations
			(a)In
			 generalThis Act and the amendments made by this Act shall not
			 limit the authority of the Bureau of Reclamation to develop new hydropower at
			 existing Federal projects in a manner that is consistent with Federal law,
			 power and nonpower operating requirements of the Federal projects, and laws
			 governing Federal Power Marketing Administrations.
			(b)ModificationsNothing in this Act limits the authority
			 under existing law of a Federal Power Marketing Administrator in the event that
			 operations at Federal projects with hydropower facilities are modified.
			15.Budgetary
			 effectsThe budgetary effects
			 of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act
			 of 2010, shall be determined by reference to the latest statement titled
			 Budgetary Effects of PAYGO Legislation for this Act, submitted
			 for printing in the Congressional Record by the Chairman of the Senate Budget
			 Committee, provided that such statement has been submitted prior to the vote on
			 passage.

		May 18, 2011
		Reported with an amendment


109 HR 5751 IH: Reservist’s Employer Support Paycheck

U.S. House of Representatives
2006-07-10
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.

		I
		109th CONGRESS
		2d Session
		H. R. 5751
		IN THE HOUSE OF REPRESENTATIVES

			July 10, 2006
			Mr. Poe introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means

		A BILL
		To amend the Internal Revenue Code of 1986 to allow
		  employers a credit against income tax equal to 50 percent of the compensation
		  paid to employees while they are performing active duty service as members of
		  the Ready Reserve or the National Guard and of the compensation paid to
		  temporary replacement employees.

		1.Short titleThis Act may be cited as the
			 Reservist’s Employer Support Paycheck
			 Enhancement Act of 2006.
		2.Employer credit for
			 compensation paid to employees while serving on active duty as members of Ready
			 Reserve or the National Guard
			(a)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to business-related credits) is amended
			 by adding at the end the following new section:

					45N.Employer credit
				for compensation paid to employees while serving on active duty as members of
				Ready Reserve or the National Guard and for compensation paid to temporary
				replacement employees
						(a)General
				ruleFor purposes of section
				38, in the case of an employer, the employer Ready Reserve-National Guard
				active duty credit determined under this section for the taxable year is an
				amount equal to—
							(1)50 percent of the
				compensation paid or incurred to each Ready Reserve-National Guard employee of
				the taxpayer while the employee is absent from employment while performing
				qualified active duty, and
							(2)50 percent of the compensation paid or
				incurred to each qualified replacement employee of the taxpayer.
							(b)Limitation
				applicable to ready reserve-national guard employees
							(1)In
				generalThe amount of compensation taken into account under
				subsection (a) for any period of qualified active duty with respect to a Ready
				Reserve-National Guard employee shall not exceed the active duty wage
				differential of such employee for such period.
							(2)Active duty wage
				differential
								(A)In
				generalFor purposes of
				paragraph (1), the active duty wage differential of a Ready Reserve-National
				Guard employee for any period of qualified active duty is the amount equal to
				the product of—
									(i)the daily wage differential of such
				employee for such period, multiplied by
									(ii)the number of
				days that such employee is on qualified active duty during such period.
									(B)Daily wage
				differentialFor purposes of
				subparagraph (A), the daily wage differential of a Ready Reserve-National Guard
				employee for any period is an amount equal to the excess of—
									(i)such employee’s
				average daily employer-provided compensation for such period, over
									(ii)such employee’s average daily military pay
				for such period.
									(C)Average daily
				employer-provided compensation
									(i)In
				generalFor purposes of subparagraph (B), an employee’s average
				daily employer-provided compensation for any period is the average daily
				compensation paid by the employer to the employee for the 1-year period ending
				on the day before the date that the employee begins qualified active duty,
				adjusted for cost-of-living and other increases generally applicable to
				employees of the employer for such period.
									(ii)Employer-provided
				compensationThe term compensation means any
				remuneration for employment, whether in cash or in kind, which is allowable as
				a deduction under section 162(a)(1).
									(D)Average daily
				military pay
									(i)In
				generalFor purposes of
				subparagraph (B), a Ready Reserve-National Guard employee’s average daily
				military pay is the average daily military pay and allowances received by the
				employee on account of the employees's performance of qualified active duty
				during the period.
									(ii)Military pay
				and allowancesFor purposes
				of clause (i)—
										(I)Military
				payThe term military pay means pay (as defined in
				section 101(21) of title 37, United States Code).
										(II)AllowancesThe
				term allowances means the allowances payable to a member of the
				Armed Forces of the United States under chapter 7 of such title.
										(c)Limitation
				applicable to qualified replacement employees
							(1)In
				generalThe amount of
				compensation taken into account under subsection (a) with respect to any
				qualified replacement employee for any period shall not exceed the amount equal
				to the product of—
								(A)the average daily
				employer-provided compensation for such period of the Ready Reserve-National
				Guard employee being replaced by such replacement employee for such period,
				and
								(B)the number of days that the Ready
				Reserve-National Guard employee is on qualified active duty during such
				period.
								(d)DefinitionsFor
				purposes of this section—
							(1)Ready
				Reserve-National Guard employee
								(A)In
				generalThe term Ready Reserve-National Guard
				employee means any employee—
									(i)who is a member of
				the Ready Reserve or of the National Guard, and
									(ii)who was an employee of the taxpayer during
				the 1-year period ending on the day before the date that the employee begins
				qualified active duty.
									(B)National
				GuardThe term National Guard has the meaning given
				such term by section 101(c)(1) of title 10, United States Code.
								(C)Ready
				ReserveThe term Ready Reserve has the meaning given
				such term by section 10142 of title 10, United States Code.
								(2)Qualified active
				dutyThe term qualified active duty means—
								(A)active duty under an order or call for a
				period in excess of 90 days or for an indefinite period, other than the
				training duty specified in—
									(i)section 10147 of
				title 10, United States Code (relating to training requirements for the Ready
				Reserve), or
									(ii)section 502(a) of
				title 32, United States Code (relating to required drills and field exercises
				for the National Guard), in connection with which an employee is entitled to
				reemployment rights and other benefits or to a leave of absence from employment
				under chapter 43 of title 38, United States Code, and
									(B)hospitalization
				incident to such active duty.
								(3)Qualified
				replacement employeeThe term qualified replacement
				employee means any employee who is hired by the taxpayer to replace a
				Ready Reserve-National Guard employee during a period of qualified active
				duty.
							.
			(b)Denial of double
			 benefitSubsection (a) of
			 section 280C of such Code (relating to certain expenses for which credits are
			 allowable) is amended by inserting 45N(a), after
			 45A(a),
			(c)Credit To be
			 part of general business creditSubsection (b) of section 38 of
			 such Code (relating to general business credit) is amended by striking
			 and at the end of paragraph (29), by striking the period at the
			 end of paragraph (30) and inserting , and, and by inserting
			 after paragraph (30) the following new paragraph:

					(31)in the case of an
				employer, the employer Ready Reserve-National Guard employee credit determined
				under section
				45N(a).
					.
			(d)Conforming
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 of such Code is amended by inserting after the item
			 relating to section 45M the following new item:

						Sec. 45N. Employer credit for compensation paid to employees
				while serving on active duty as members of Ready Reserve or the National Guard
				and for compensation paid to temporary replacement
				employees.

					.
			(e)Effective
			 dateThe amendments made by this section shall apply to periods
			 of qualified active duty (as defined in section 45N(d) of the Internal Revenue
			 Code of 1986, as added by this section) in taxable years beginning after
			 December 31, 2005.
			(f)Information on
			 military pay and allowancesThe Secretary concerned (as defined
			 in section 101 of title 10, United States Code) shall provide to employers and
			 the Secretary of the Treasury such information as is necessary to determine the
			 proper amount of credit allowable to employers under such section 45N.


117 HRES 10 EH: Electing Members to certain standing committees of the House of Representatives.
U.S. House of Representatives
2021-01-04
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
117th CONGRESS
1st Session
H. RES. 10
In the House of Representatives, U. S.,

January 4, 2021

RESOLUTION
Electing Members to certain standing committees of the House of Representatives.

That the following named Members be, and are hereby, elected to the following standing committees of the House of Representatives:   Committee on Agriculture:Mr. Thompson of Pennsylvania.

Committee on Appropriations:Ms. Granger.   Committee on Armed Services:Mr. Rogers of Alabama.

Committee on the Budget:Mr. Smith of Missouri.  Committee on Education and Labor:Ms. Foxx.

Committee on Energy and Commerce:Mrs. Rodgers of Washington.  Committee on Financial Services:Mr. McHenry.

 Committee on Foreign Affairs:Mr. McCaul.  Committee on Homeland Security:Mr. Katko.

Committee on the Judiciary:Mr. Jordan. Committee on Natural Resources:Mr. Westerman.

Committee on Oversight and Reform:Mr. Comer.  Committee on Science, Space, and Technology:Mr. Lucas.

 Committee on Small Business:Mr. Luetkemeyer.  Committee on Transportation and Infrastructure:Mr. Graves of Missouri.

 Committee on Veterans’ Affairs:Mr. Bost.  Committee on Ways and Means:Mr. Brady.

Cheryl L. Johnson,Clerk.


113 S1951 IS: To amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make responsible parties liable for certain costs relating to the release of pollutants or contaminants.
U.S. Senate
2014-01-16
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 CONGRESS2d SessionS. 1951IN THE SENATE OF THE UNITED STATESJanuary 16, 2014Mr. Schatz (for himself and Mr. Rockefeller) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to make responsible parties liable for certain costs relating to the release of pollutants or contaminants.1.Environmental liabilitySection 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607(a)) is amended—(1)by inserting (or pollutant or contaminant if the President takes any response measure under section 104(a) with respect to the pollutant or contaminant) after hazardous substance each place it appears;(2)by inserting (or pollutants or contaminants if the President takes any response measure under section 104(a) with respect to the pollutants or contaminants) after hazardous substances each place it appears; and(3)in paragraph (4)—(A)by striking subparagraph (C);(B)by redesignating subparagraph (D) as subparagraph (C);(C)in subparagraph (C) (as so redesignated) by striking the period at the end and inserting ; and; and(D)by adding at the following:(D)except a person described in paragraphs (2) through this  paragraph who engages in conduct prohibited under those paragraphs with respect to pollutants or contaminants, damages for injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing the injury, destruction, or loss resulting from the release..


115 HRES 536 IH: Expressing support for the designation of September 25, 2017, as “National Lobster Day”.
U.S. House of Representatives
2017-09-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV115th CONGRESS1st SessionH. RES. 536IN THE HOUSE OF REPRESENTATIVESSeptember 25, 2017Mr. Poliquin (for himself and Ms. Pingree) submitted the following resolution; which was referred to the Committee on Oversight and Government ReformRESOLUTIONExpressing support for the designation of September 25, 2017, as National Lobster Day.

 Whereas the American lobster is recognized around the world as a prized and flavorful culinary delicacy;
 Whereas lobster fishing has served as an economic engine and family tradition in the United States for centuries;
 Whereas thousands of families in the United States make their livelihoods from lobster fishing and processing;
 Whereas, with approximately 150,000,000 pounds of lobster landed each year in the United States, at an annual value of more than $500,000,000, lobster represents one of the most valuable catches in the United States;
 Whereas foreign markets for lobster from the United States are booming, with export values having nearly tripled since 2005;
 Whereas historical lore notes that lobster likely joined turkey on the table at the very first Thanksgiving feast in 1621;
 Whereas responsible lobstering practices beginning in the 1600s have created one of the most sustainable fisheries in the world;
 Whereas 2017 marks the 145th anniversary of lobster conservation efforts in the United States, starting with a Maine law banning the harvest of egg-bearing females;
 Whereas, throughout history, United States Presidents have served lobster at their inaugural celebrations and state dinners with international leaders;
 Whereas lobster is an excellent, versatile source of lean protein that is low in saturated fat and high in vitamin B12;
 Whereas the peak of the lobstering season in the United States occurs in the late summer; Whereas the preservation and long distance transportation of lobster meat was first achieved 175 years ago with the advent of a canning process;
 Whereas lobster has become a culinary icon, with the lobster roll featured at the 2015 World Food Expo in Milan, Italy; and
 Whereas lobster is enjoyed at casual beach-side lobster boils and also revered as a delicacy at fine dining restaurants: Now, therefore, be it

 That the House of Representatives encourages the people of the United States to observe National Lobster Day with appropriate ceremonies and activities.


116 HR 7704 IH: Food and Nutrition Education in Schools Act of 2020
U.S. House of Representatives
2020-07-21
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.

I116th CONGRESS2d SessionH. R. 7704IN THE HOUSE OF REPRESENTATIVESJuly 21, 2020Ms. Kendra S. Horn of Oklahoma (for herself, Mr. Bacon, and Ms. Scanlon) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo amend the Richard B. Russell National School Lunch Act to establish the Food and Nutrition Education in Schools Pilot Program, and for other purposes.1.Short titleThis Act may be cited as the Food and Nutrition Education in Schools Act of 2020.2.Food and Nutrition Education in Schools Pilot ProgramSection 18 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769) is amended by adding at the end the following:(l)Food and Nutrition Education in Schools Pilot Program(1)PurposeThe purpose of this subsection is to provide local educational agencies with human resources dedicated to implementing integrated, hands-on food and nutrition education in schools with the goal of increasing acceptance and consumption of healthy, high-quality meals and snacks by students.(2)EstablishmentNot later than 180 days after the date of enactment of this subsection, the Secretary shall establish a pilot program, to be known as the Food and Nutrition Education in Schools Pilot Program (referred to in this subsection as the pilot program), under which the Secretary shall award grants to local educational agencies for—(A)projects that hire qualified, full-time food and nutrition educators to carry out programs in schools that have the goal of improving student health and nutrition; and(B)projects that fund school gardens or other evidence-based interventions relating to student health and nutrition to create hands-on learning opportunities for students.(3)Joint partnershipsThe Secretary shall encourage, to the maximum extent practicable, joint partnership projects under the pilot program among—(A)agencies;(B)nonprofit organizations;(C)postsecondary institutions that offer programs on nutrition, food preparation, or agricultural science;(D)food-service businesses (such as local farms, restaurants, and food distributors);(E)beginning farmers and ranchers (as defined in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279(a)));(F)veteran farmers and ranchers (as defined in that section); (G)socially disadvantaged farmers and ranchers (as defined in section 355(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 2003(e))); and(H)State and local government agencies. (4)CoordinationIn establishing the pilot program, the Secretary shall consult and ensure coordination with the heads of other appropriate Federal agencies and programs that deliver nutrition education.(5)Project proposals(A)In generalThe Secretary shall annually solicit from local educational agencies the submission of project proposals for grants under the pilot program.(B)Required elements for project proposalA project proposal submitted under subparagraph (A) shall include—(i)a statement of the purposes of the project;(ii)(I)the name of the entity or individual with overall responsibility for the project; and(II)a description of the qualifications of that entity or individual;(iii)a description of—(I)staffing and stakeholder engagement for the project;(II)the logistics of the project; and(III)the methods to be used to evaluate student learning, such as through a project, presentation, or other form of assessment;(iv)a proposed budget for the funds and time required to carry out the project;(v)information regarding the source and amount of any matching funding available for the project;(vi)an implementation plan, including efforts by the school food authority associated with the local educational agency to integrate activities carried out under the project with other efforts by schools to promote student health and nutrition;(vii)information that demonstrates the clear potential of the project to contribute to implementing integrated, hands-on food and nutrition education in schools with the goal of increasing acceptance and consumption of healthy, high-quality meals and snacks; and(viii)any other information that the Secretary considers necessary.(C)Criteria for approvalThe Secretary may award a grant for a project proposal submitted under subparagraph (A) if the project—(i)incorporates evidence-based practices proven to increase healthy food consumption by students;(ii)includes hands-on, experiential learning;(iii)implements school gardens, taste tests, student engagement, or other farm-to-school practices;(iv)identifies the commitment of the local educational agency—(I)to improve the nutritional value of school meals;(II)to carry out innovative programs that improve the health and wellness of schoolchildren, such as farm-to-school programs; and(III)to evaluate the outcome of the project; and(v)meets any other requirement established by the Secretary.(D)PriorityTo the maximum extent practicable, in awarding grants under the pilot program, the Secretary shall give priority to projects that serve schools or districts—(i)in which not less than 40 percent of students qualify for free or reduced-price meals under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.); or(ii)that include neighborhoods with high rates of childhood obesity or other diet-related diseases.(6)Administration(A)DiversityIn awarding grants under the pilot program, the Secretary shall ensure that projects are located in diverse demographic, geographic, rural, urban, and suburban settings.(B)Indian tribesThe Secretary shall ensure that not fewer than 1 project receiving a grant under the pilot program—(i)is located on an Indian reservation; or(ii)serves a school in which the majority of the students are members of an Indian tribe.(7)Reports(A)Reports to Secretary(i)In generalA local educational agency that receives a grant under the pilot program shall periodically submit to the Secretary a report that includes any information that the Secretary determines is necessary to evaluate the progress and success of the project, including evidence of student learning under the project, to ensure positive results, assess problems, and foster improvements.(ii)Availability to the publicReports under clause (i), and any other documents of the local educational agency relating to a project carried out using a grant awarded under the pilot program, shall be made available to the public in a timely manner.(B)Reports to CongressNot later than 5 years after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to Congress a report that includes—(i)a description of the results and effectiveness of each project carried out under the pilot program;(ii)an examination of the impact of each project on—(I)student diet and dietary practices;(II)student performance and behavior;(III)food consumption;(IV)changes in cafeterias and the school food environment;(V)school meal participation by students; and(VI)other indicators as determined by the Secretary;(iii)demographic data on the schools and communities served by the pilot program;(iv)a summary of the activities conducted by each local educational agency after receiving a grant under the pilot program; and(v)recommendations on how the pilot program may be improved and whether funding for the pilot program should be continued.(8)Authorization of appropriationsThere is authorized to be appropriated to the Secretary to carry out this subsection $7,000,000 for each of fiscal years 2021 through 2025..


117 HR 2117 IH: Iran Human Rights and Accountability Act of 2021
U.S. House of Representatives
2021-03-19
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
117th CONGRESS1st Session
H. R. 2117
IN THE HOUSE OF REPRESENTATIVES

March 19, 2021
Mr. Wilson of South Carolina (for himself, Mr. Steube, and Mr. Banks) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To require the President to make a determination with respect to the application of sanctions with respect to certain officials of the Government of Iran, and for other purposes.

1.Short titleThis Act may be cited as the Iran Human Rights and Accountability Act of 2021. 2.FindingsCongress finds the following:
(1)In response to protests that broke out on November 15, 2019, the Government of Iran blocked almost all internet traffic in Iran and used deadly force against nonviolent protesters, killing approximately 1,500 persons, according to the Department of State’s 2019 Human Rights Report. (2)The Government of Iran is regularly engaged in widespread torture, extrajudicial killings, the prosecution of journalists, the taking of political prisoners, severe restrictions on the freedom of religion, and the severe repression of women and religious minorities.
(3)The Government of Iran is involved in the unlawful recruitment of child soldiers by government actors to support the brutal Assad regime in Syria, according to the Department of State’s 2019 Human Rights Report. The Government of Iran is also altering the demographic composition of Syria. 3.Statement of policyIt shall be the policy of the United States to—
(1)support democracy and human rights in Iran, including the robust exercise by Iranians of the rights to free speech and assembly and where possible to support the free flow of information into Iran and make it easier for Iranian citizens to communicate with one another and with the outside world; (2)hold the Government of Iran accountable for severe human rights abuses against its own people and the peoples of the Middle East, including the people of Syria, Iraq, Yemen, and Lebanon; and
(3)condemn any and all attacks on protesters by the Government of Iran or its sponsored militias. 4.Determination with respect to application of sanctions with respect to certain officials of the Government of Iran (a)Determination with respect to the imposition of sanctionsNot later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a determination, including a detailed justification, of whether any person listed in subsection (b) meets the criteria for—
(1)the application of sanctions with respect to a person pursuant to section 105 of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C. 8514); or (2)the application of sanctions pursuant to Executive Order 13553 (50 U.S.C. 1701 note; relating to blocking property of certain persons with respect to serious human rights abuses by the Government of Iran).
(b)Persons listedThe persons described in this subsection are the following: (1)Ayatollah Ali Khamanei, the Supreme Leader of Iran.
(2)Asghar Jahangir, the head of Iran’s Prisons Organization. (3)Seyyed Alireza Avaie, Iran’s Minister of Justice.
(4)Mansour Gholami, Iran’s Minister of Science. (5)Abbas Salehi, Iran’s Minister of Culture.
(6)Hassan Hassanzadeh, Commander of the Tehran Mohammad Rasoolallah Corps of Iran’s Islamic Revolutionary Guard Corps (IRGC). (7)Mohammad Reza Yazdi, Commander of the Tehran Mohammad Rasoolallah Corps of the IRGC.
(8)Amin Vaziri, Deputy Prosecutor of Tehran and assistant supervisor of political prisoners in Evin prison.  (9)Heshmatollah Hayat Al-Ghayb, Tehran’s Director-General of Prisons.
(10)Allahkaram Azizi, Head of the Rajaie-Shahr prison in Karaj, Iran. (11)Mohammadmehdi Hajmohammadi, Head of Iran’s prisons and guidance prosecutor’s office.
(12)Ali Hemmatian, IRGC interrogator. (13)Masoud Safdari, IRGC interrogator.
5.Report on the estimated net worth and known sources of income of Iranian Supreme Leader Ayatollah Ali Khamanei
(a)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on the estimated net worth and known sources of income, including income from corrupt or illicit activities, of Iranian Supreme Leader Ayatollah Ali Khamanei and his family members (including spouse, children, siblings, and paternal and maternal cousins), including— (1)assets, investments, other business interests, and relevant beneficial ownership information; and
(2)shares in and ties to Iranian parastatal institutions or bonyads, such as the Mostazafan Foundation and the Astan Quds Razavi, and the total estimated value of the Mostazafan Foundation and the Astan Quds Razavi. (b)Form (1)In generalThe report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary.
(2)Public availability of informationThe unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. 6.Report on human rights abuses in Iran in response to the protests in Iran since 2017 (a)Sense of congressIt is the sense of Congress that it is imperative the United States Government should hold local Iranian law enforcement forces, Iran’s Islamic Revolutionary Guard Corps (IRGC) officials, and other Iranian security officials accountable for the violent crackdown on protests in Iran since 2017, especially since protests in Iran have become geographically widespread and not limited solely to major urban centers.
(b)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of the Treasury, shall submit to the appropriate congressional committees a report that includes the following: (1)A list, by province and city, of local Iranian law enforcement forces, IRGC officials, and other Iranian security officials responsible for the violent crackdown on protests in Iran since 2017.
(2)A list of judges and judicial officials, by province and city, responsible for gross violations of human rights in Iran, including facilitating the unjust detainment of protesters and depriving them of their right to free speech. (3)A description of efforts by the United States to assist Iranians to access the internet during periods in which the Government of Iran has severely limited such access.
(c)Form
(1)In generalThe report required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex if necessary. (2)Public availability of informationThe unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government.
7.Determination with respect to crimes against humanity committed by the Government of Iran and its sponsored militias in Syria and Iraq
(a)DeterminationThe Secretary of State shall make a determination with respect to each of the following: (1)Whether Iran, Hezbollah, and Iranian-backed militias’ sectarian cleansing campaigns, especially in the Damascus suburbs and particularly against the Sunni Muslim population of Syria, can be considered systematic and widespread and therefore constitute an offense described in section 1091(a) of title 18, United States Code.
(2)Whether Iran and Iranian backed militias’ use of violence against peaceful protesters in Iraq in November 2019 and December 2019 constitutes a war crime (as such term is defined in section 2441(c) of title 18, United States Code). (3)Whether excessive use of violence by forces of the Government of Iran against protesters in Iran in November 2019 constitutes an offense described in section 1091(a) of title 18, United States Code.
(b)Report
(1)In generalNot later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that contains each determination made under subsection (a). (2)Form (A)In generalThe report required by paragraph (1) shall be submitted in unclassified form, but may contain a classified annex if necessary.
(B)Public availability of informationThe unclassified portion of such report shall be made available on a publicly available internet website of the Federal Government. 8.Appropriate congressional committees definedIn this Act, the term appropriate congressional committees means—
(1)the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (2)the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate.


115 HR 7337 IH: Stop Tobacco Sales to Youth Act of 2018
U.S. House of Representatives
2018-12-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 7337IN THE HOUSE OF REPRESENTATIVESDecember 19, 2018Ms. DeLauro (for herself, Ms. Wasserman Schultz, Mr. Raskin, Mr. Rush, and Mr. Visclosky) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend the Act of October 19, 1949 (15 U.S.C. 375 et seq.; commonly referred to as the Jenkins Act), to prevent the interstate sale and delivery of electronic cigarettes, cigars, and pipe tobacco
			 to minors in violation of law.

 1.Short titleThis Act may be cited as the Stop Tobacco Sales to Youth Act of 2018. 2.FindingsThe Congress finds the following:
 (1)Tobacco products cause numerous serious diseases, including cancer, heart disease, and respiratory disease, and they contain nicotine, a highly addictive substance.
 (2)According to the Surgeon General of the United States, adolescents are particularly vulnerable to the adverse effects of nicotine, and adolescent exposure to nicotine may have lasting adverse consequences for brain development.
 (3)Youth use of electronic cigarettes and hookah (water pipe) has risen according to the National Youth Tobacco Survey released by the Centers for Disease Control and Prevention, and the Food and Drug Administration, in April 2015.
 (4)Current use of electronic cigarettes among high school students tripled from 4.5 percent in 2013 to 13.4 percent in 2014 (compared to 1.5 percent in 2011); approximately 2,000,000 high school students currently use these products.
 (5)Current use of electronic cigarettes among middle school students tripled from 1.1 percent in 2013 to 3.9 percent in 2014; approximately 450,000 middle school students currently use these products.
 (6)Current use of hookah among high school students increased from 4.1 percent in 2011 to 9.4 percent in 2014.
 (7)Current use of cigars among high school students was 8.2 percent in 2014 (1,200,000 students). Current use of cigars among high school boys was 10.8 percent, about the same rate at which they smoke cigarettes (10.6 percent).
 (8)The sale of electronic cigarettes, cigars, hookah, and other tobacco products over the Internet, and through mail, fax, or phone orders, makes it cheaper and easier for children to obtain these products.
 (9)Electronic cigarettes are being marketed in ways that appeal to youth, in the form of advertising using images that appeal to youth, advertisements on television and the Internet, and sponsorships of events popular with youth, such as concerts and sporting events.
 (10)According to a study published in March 2015 in the Journal of the American Medical Association Pediatrics, 93.7 percent of youth participating in a study of Internet electronic cigarette sales successfully purchased electronic cigarettes because the Web sites lacked adequate age-verification methods.
 3.AmendmentsSection 1 of the Act of October 19, 1949 (15 U.S.C. 375); commonly referred to as the Jenkins Act), is amended— (1)in paragraph (2)—
 (A)in subparagraph (A)— (i)in clause (i) by striking and at the end;
 (ii)in clause (ii) by striking the period at the end and inserting ; and; and (iii)by adding at the end the following:

 (iii)includes electronic cigarettes.; and (B)in subparagraph (B)—
 (i)in the heading by striking Exception and inserting Inclusions; (ii)by striking does not include and inserting includes; and
 (iii)by inserting and pipe tobacco (as defined in section 5702 of the Internal Revenue Code of 1986) before the period at the end; and (2)by inserting after paragraph (6) the following:

 (6A)electronic cigaretteThe term electronic cigarette means any electronic device that delivers nicotine, flavor, or other substance via an aerosolized solution (including an electronic cigarette, cigar, pipe, or hookah) to the user inhaling from the device (including any component, liquid, part, or accessory of such a device whether or not sold separately) but excludes product that—
 (A)is approved by the Food and Drug Administration for sale as a tobacco cessation product or for another therapeutic purpose; and
 (B)is marketed and sold solely for a purpose approved as described in subparagraph (A).. 4.Exclusions regarding Indian Tribes and Tribal matters (a)In generalNothing in this Act or the amendments made by this Act shall be construed to amend, modify, or otherwise affect—
 (1)any agreements, compacts, or other intergovernmental arrangements between any State or local government and any government of an Indian tribe (as that term is defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e))) relating to the collection of taxes on cigarettes or smokeless tobacco sold in Indian country;
 (2)any State laws that authorize or otherwise pertain to any such intergovernmental arrangements or create special rules or procedures for the collection of State, local, or tribal taxes on cigarettes or smokeless tobacco sold in Indian country;
 (3)any limitations under Federal or State law, including Federal common law and treaties, on State, local, and tribal tax and regulatory authority with respect to the sale, use, or distribution of cigarettes and smokeless tobacco by or to Indian tribes, tribal members, tribal enterprises, or in Indian country;
 (4)any Federal law, including Federal common law and treaties, regarding State jurisdiction, or lack thereof, over any tribe, tribal members, tribal enterprises, tribal reservations, or other lands held by the United States in trust for one or more Indian tribes; or
 (5)any State or local government authority to bring enforcement actions against persons located in Indian country.
 (b)Coordination of law enforcementNothing in this Act or the amendments made by this Act shall be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, including Indian tribes, through interstate compact or otherwise, that—
 (1)provides for the administration of tobacco product laws or laws pertaining to interstate sales or other sales of tobacco products;
 (2)provides for the seizure of tobacco products or other property related to a violation of such laws; or
 (3)establishes cooperative programs for the administration of such laws. (c)Treatment of State and local governmentsNothing in this Act or the amendments made by this Act shall be construed to authorize, deputize, or commission States or local governments as instrumentalities of the United States.
 (d)Enforcement within Indian CountryNothing in this Act or the amendments made by this Act shall prohibit, limit, or restrict enforcement by the Attorney General of the United States of this Act or an amendment made by this Act within Indian country.
 (e)AmbiguityAny ambiguity between the language of this section or its application and any other provision of this Act shall be resolved in favor of this section.
 (f)DefinitionsIn this section— (1)the term Indian country has the meaning given that term in section 1 of the Act of October 19, 1949 (15 U.S.C. 375; commonly referred to as the Jenkins Act), as amended by this Act; and
 (2)the term tribal enterprise means any business enterprise, regardless of whether incorporated or unincorporated under Federal or tribal law, of an Indian tribe or group of Indian tribes.
 5.SeverabilityIf any provision of this Act, or any amendment made by this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of the Act to any other person or circumstance shall not be affected thereby.
 6.Effective dateThis Act, and the amendments made by this Act, shall take effect 90 days after the date of the enactment of this Act.


115 S2478 IS: End Taxpayer Subsidies for Drug Ads Act
U.S. Senate
2018-03-01
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.

II115th CONGRESS2d SessionS. 2478IN THE SENATE OF THE UNITED STATESMarch 1, 2018Mrs. McCaskill (for herself and Mrs. Shaheen) introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo amend the Internal Revenue Code of 1986 to deny the deduction for advertising and promotional
			 expenses for prescription drugs.

 1.Short titleThis Act may be cited as the End Taxpayer Subsidies for Drug Ads Act. 2.Disallowance of deduction for advertising and promotional expenses for prescription drugs (a)In generalPart IX of subchapter B of chapter 1 of subtitle A of the Internal Revenue Code of 1986 (relating to items not deductible) is amended by adding at the end the following new section:

					280I.Disallowance of deduction for direct-to-consumer advertising of prescription
				drugs
						(a)In
 generalNo deduction shall be allowed under this chapter for expenses relating to direct-to-consumer advertising of prescription drugs for any taxable year.
 (b)Direct-to-Consumer advertisingFor purposes of this section, the term direct-to-consumer advertising means any dissemination, by or on behalf of a sponsor of a prescription drug product (as such term is defined in section 735(3) of the Federal Food, Drug, and Cosmetic Act), of an advertisement which—
 (1)is in regard to such prescription drug product, and (2)primarily targeted to the general public, including through—
 (A)publication in journals, magazines, other periodicals, and newspapers, (B)broadcasting through media such as radio, television, and telephone communication systems, direct mail, and billboards, and
 (C)dissemination on the Internet or through digital platforms (including social media, mobile media, web applications, digital applications, mobile applications, and electronic applications)..
			(b)Conforming
 amendmentThe table of sections for such part IX of the Internal Revenue Code of 1986 is amended by adding after the item relating to section 280H the following new item:
				Sec. 280I. Disallowance of deduction for direct-to-consumer advertising of prescription
			 drugs..
			(c)Effective
 dateThe amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act, in taxable years ending after such date.