109 HR 5703 IH: To amend the Internal Revenue Code of 1986 to provide a

U.S. House of Representatives
2006-06-28
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		109th CONGRESS
		2d Session
		H. R. 5703
		IN THE HOUSE OF REPRESENTATIVES

			June 28, 2006
			Mr. Meehan introduced
			 the following bill; which was referred to the
			 Committee on Ways and
			 Means, and in addition to the Committee on
			 Energy and Commerce, 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 amend the Internal Revenue Code of 1986 to provide a
		  credit for the purchase of qualified flexible fuel motor vehicles, and for
		  other purposes.

		1.Short titleThis Act may be cited as the Green
			 Vehicles Promotion Act of 2006.
		2.Qualified flexible
			 fuel motor vehicle credit
			(a)In
			 generalSection 30B of the Internal Revenue Code of 1986
			 (relating to alternative motor vehicle credit) is amended—
				(1)in subsection (a)
			 by striking and at the end of paragraph (3), by striking the
			 period and inserting , and at the end of paragraph (4), and by
			 adding at the end the following new paragraph:

						(5)the qualified
				flexible fuel motor vehicle credit determined under subsection
				(f).
						,
				and
				(2)by redesignating
			 subsections (f), (g), (h), (i), and (j) as subsections (g), (h), (i), (j), and
			 (k), respectively, and by inserting after subsection (e) the following new
			 subsection:

						(f)Qualified
				flexible fuel motor vehicle credit
							(1)Allowance of
				creditFor purposes of subsection (a), the qualified flexible
				fuel motor vehicle credit determined under this subsection for the taxable year
				is an amount equal to the sum of—
								(A)$100 for each qualified flexible fuel motor
				vehicle placed in service by the taxpayer during the taxable year that is not a
				new qualified hybrid motor vehicle (as described in subsection (d)(3)),
				plus
								(B)$200 for each qualified flexible fuel motor
				vehicle placed in service by the taxpayer during the taxable year that is a new
				qualified hybrid motor vehicle (as described in subsection (d)(3)).
								(2)Qualified
				flexible fuel motor vehicleFor purposes of this subsection—
								(A)In
				generalThe term qualified flexible fuel motor
				vehicle means a motor vehicle that meets the requirements of
				subparagraph (B) and is designed so that the vehicle is propelled by an engine
				which can use as a fuel a gasoline mixture of which 85 percent (or another
				percentage of not less than 70 percent, as the Secretary may determine, by
				rule, to provide for requirements relating to cold start, safety, or vehicle
				functions) of the volume of consists of ethanol.
								(B)Other
				requirementsA vehicle meets the requirements of this paragraph
				if—
									(i)the original use
				of the vehicle commences with the taxpayer,
									(ii)the vehicle is
				acquired for use or lease by the taxpayer and not for resale, and
									(iii)the vehicle is
				made by a manufacturer in the United
				States.
									.
				(b)TerminationSubsection
			 (k) of section 30B of such Code (as redesignated by subsection (a)) is amended
			 by striking and at the end of paragraph (3), by striking the
			 period and inserting , and at the end of paragraph (4), and by
			 adding at the end the following new paragraph:

					(5)in the case of a
				qualified flexible fuel motor vehicle (as described in subsection (f)(2)),
				December 31,
				2010.
					.
			(c)Conforming
			 amendments
				(1)Paragraph (4) of
			 section 30B(i) of such Code (as redesignated by subsection (a)) is amended by
			 striking subsection (g) and inserting subsection
			 (h).
				(2)Paragraph (6) of
			 section 30B(i) of such Code (as redesignated by subsection (a)) is amended by
			 striking subsection (g) each place it appears and inserting
			 subsection (h).
				(3)Paragraph (25) of
			 section 38(b) of such Code is amended by striking section
			 30B(g)(1) and inserting section 30B(h)(1).
				(4)Paragraph (3) of
			 section 55(c) of such Code is amended by striking 30B(g)(2) and
			 inserting 30B(h)(2).
				(5)Paragraph (36) of
			 section 1016(a) of such Code is amended by striking section
			 30B(h)(4) and inserting section 30B(i)(4).
				(6)Subsection (m) of
			 section 6501 of such Code is amended by striking 30B(h)(9) and
			 inserting 30B(i)(9).
				(d)Effective
			 dateThe amendments made by this section shall apply to purchases
			 made after the date of the enactment of this Act, in taxable years ending after
			 such date.
			3.Credit for
			 conversion of motor vehicle to qualified flexible fuel motor vehicle
			(a)In
			 generalSubpart A of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 is amended by inserting after section 25D the
			 following new section:

					25E.Credit for
				conversion of motor vehicle to qualified flexible fuel motor vehicle
						(a)Allowance of
				creditIn the case of an individual, there shall be allowed as a
				credit against the tax imposed by this chapter for the taxable year an amount
				equal to 100 percent of the qualified flexible fuel motor vehicle conversion
				expenditures made by the taxpayer during the taxable year.
						(b)Maximum
				creditThe credit allowed under subsection (a) for any taxable
				year shall not exceed $500.
						(c)Qualified
				flexible fuel motor vehicle conversion expenditureFor
				purposes of this section—
							(1)In
				generalThe term qualified flexible fuel motor vehicle
				conversion expenditure means any expenditure directly related to the
				process of converting a motor vehicle owned by a taxpayer to a motor vehicle
				that meets the qualified flexible fuel motor vehicle requirement described in
				paragraph (2).
							(2)Qualified
				flexible fuel motor vehicle requirementA vehicle meets the qualified flexible fuel
				motor vehicle requirements described in this paragraph if the vehicle is
				propelled by an engine which can use as a fuel a gasoline mixture of which 85
				percent (or another percentage of not less than 70 percent, as the Secretary
				may determine, by rule, to provide for requirements relating to cold start,
				safety, or vehicle functions) of the volume of consists of ethanol.
							(3)Motor
				vehicleThe term motor vehicle means any vehicle
				which is manufactured primarily for use on public streets, roads, and highways
				(not including a vehicle operated exclusively on a rail or rails) and which has
				at least 4 wheels.
							(d)TerminationThe
				credit allowed under this section shall not apply to expenditures made after
				December 31,
				2010.
						.
			(b)Conforming
			 amendmentThe table of
			 sections for subpart A of part IV of subchapter A of chapter 1 of such Code is
			 amended by inserting after the item relating to section 25D the following new
			 item:

						Sec. 25E. Credit for conversion of motor
				vehicle to qualified flexible fuel motor
				vehicle.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to
			 expenditures made after December 31, 2006, in taxable years ending after such
			 date.
			4.Use of CAFE
			 penalties to build alternative fueling infrastructureSection 32912 of title 49, United States
			 Code, is amended by adding at the end the following:

				(e)Alternative
				Fueling Infrastructure Grant Program
					(1)Trust
				fund(A)There
				is established in the Treasury of the United States a trust fund, to be known
				as the Alternative Fueling Infrastructure Trust Fund (referred to in this
				subsection as the Trust Fund), consisting of such amounts as are
				deposited into the Trust Fund under subparagraph (B) and any interest earned on
				investment of amounts in the Trust Fund.
						(B)The Secretary of Transportation shall
				remit 90 percent of the amount collected in civil penalties under this section
				to the Trust Fund.
						(2)Establishment of
				Grant ProgramThe Secretary of Energy shall obligate such sums as
				are available in the Trust Fund to establish a grant program to increase the
				number of locations at which consumers may purchase alternative fuels.
					(3)Grant
				recipients
						(A)Allocation to
				corporate and nonprofit entitiesThe Secretary of Energy may allocate from
				the Trust Fund such sums as the Secretary considers appropriate to corporations
				(including nonprofit corporations) with demonstrated experience in the
				administration of grant funding for the purpose of making alternative fueling
				infrastructure grants to owners and operators of fueling stations. The
				Secretary of Energy may allocate funds only to a corporation that agrees to
				provide $1 of non-Federal contributions for every $3 of Federal funding
				received under this subparagraph. In no case may administrative expenses exceed
				5 percent of any total allocation that may be provided. Allocations under this
				paragraph may be made only for specific types of alternative fuels that can be
				used in at least 50,000 automobiles produced in the United States in the prior
				automobile production year.
						(B)ConsiderationsIn making allocations to corporate and
				nonprofit entities for alternative fueling infrastructure awards under
				subparagraph (A), the Secretary shall—
							(i)consider the number
				of automobiles produced for sale in the preceding production year capable of
				using each specific type of alternative fuel; and
							(ii)identify 1 primary entity per alternative
				fuel capable of implementing a national deployment program and providing
				technical and marketing assistance.
							(C)Direct Grants to
				fueling station owners and operatorsThe Secretary of Energy may award grants
				directly to owners and operators of fueling stations for the purpose of
				installing alternative fuel infrastructure for specific types of alternative
				fuels that can be used in not fewer than 50,000 automobiles produced in the
				United States in the prior automobile production year.
						(D)Grant
				recipientsA recipient of an
				allocation under subparagraph (A) and the Secretary of Energy under
				subparagraph (C) shall award grants to owners and operators of fueling stations
				in an amount not greater than $150,000 per site or $500,000 per entity. A
				recipient of a grant under this paragraph shall agree to provide $1 of
				non-Federal contributions for every $3 of grant funds received under this
				paragraph. In no case may administrative expenses exceed 3 percent of any grant
				that may be provided. Recipients of grants shall be selected on a formal, open,
				and competitive basis, based on—
							(i)the
				public demand for each alternative fuel in a particular county based on state
				registration records showing the number of automobiles that can be operated
				with alternative fuel;
							(ii)the opportunity
				to create or expand corridors of alternative fuel stations along interstate or
				State highways; and
							(iii)the opportunity to increase economic
				activity in economically-depressed communities.
							(E)Technical and
				marketing assistanceA recipient of an allocation under
				subparagraph (A) shall provide technical and marketing assistance to recipients
				of grant awards, including point of sale and labeling materials.
						(4)Use of
				funds(A)Grant funds received
				under this subsection may be used to—
							(i)construct new facilities to
				dispense alternative fuels;
							(ii)purchase equipment to upgrade,
				expand, or otherwise improve existing alternative fuel facilities;
							(iii)purchase equipment or pay for
				specific turnkey fueling services by alternative fuel providers; or
							(iv)assist with marketing, point of
				sale materials, including labeling materials and any other efforts to promote
				the availability of alternative fuels.
							(5)Operation of
				alternative fuel stationsFacilities constructed or upgraded with
				grant funds received under this subsection shall—
						(A)provide
				alternative fuel available to the public for a period of not less than 4
				years;
						(B)establish a
				marketing plan to advance the sale and use of alternative fuels;
						(C)prominently
				display the price of alternative fuel on the marquee and in the station;
						(D)provide point of
				sale materials on alternative fuel;
						(E)clearly label the
				dispenser with consistent materials;
						(F)price the
				alternative fuel at the same margin that is received for unleaded gasoline;
				and
						(G)support and use
				all available tax incentives to reduce the cost of the alternative fuel to the
				lowest possible retail price.
						(6)Notification
				requirements(A)Not later than the date
				on which each alternative fuel station begins to offer alternative fuel to the
				public, the grant recipient that used grant funds to construct such station
				shall notify the Secretary of Energy of such opening. The Secretary of Energy
				shall add each new alternative fuel station to the alternative fuel station
				locator on its Website when it receives notification under this
				subparagraph.
						(B)Not later than 6 months after the
				receipt of a grant award under this subsection, and every 6 months thereafter,
				each grant recipient shall submit a report to the Secretary of Energy that
				describes—
							(i)the status of each alternative fuel
				station constructed with grant funds received under this subsection;
							(ii)the amount of alternative fuel
				dispensed at each station during the preceding 6-month period; and
							(iii)the average price per gallon of
				the alternative fuel sold at each station during the preceding 6-month
				period.
							(7)Alternative fuel
				definedFor the purposes of this subsection, the term
				alternative fuel means—
						(A)any fuel of which
				at least 85 percent (or such percentage, but not less than 70 percent, as
				determined by the Secretary, by rule, to provide for requirements relating to
				cold start, safety, or automobile functions) of the volume consists of ethanol,
				liquefied petroleum gas, or hydrogen; or
						(B)any mixture of
				biodiesel and diesel fuel determined without regard to any use of kerosene that
				contains at least 20 percent
				biodiesel.
						.


110 HR 5858 IH: Combating Climate Change Through Individual Action Act of

U.S. House of Representatives
2008-04-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		2d Session
		H. R. 5858
		IN THE HOUSE OF REPRESENTATIVES

			April 22, 2008
			Mr. Boswell
			 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 provide
		  incentives for carbon sequestration.

		1.Short titleThis Act may be cited as the
			 Combating Climate Change Through Individual Action Act of
			 2008.
		2.FindingsCongress finds the following:
			(1)Agricultural, grassland, and forestry
			 practices play an essential role in capturing atmospheric carbon and
			 sequestering it as soil organic matter.
			(2)Released carbon can be captured through
			 improved grassland management, tree planting, forest preservation, and enhanced
			 agronomic and irrigation practices.
			(3)Promoting increased natural carbon sinks
			 could have a significant impact on the world’s projected carbon emissions from
			 the burning of fossil fuels.
			(4)Certain agricultural and forestry practices
			 can reduce greenhouse gases:(A)avoiding emissions by
			 maintaining existing carbon storage in trees and soils;
					(B)increasing
			 carbon storage by, e.g., tree planting, conversion from conventional to
			 conservation tillage practices on agricultural lands;
					(5)The large potentials exist through known
			 cropping and land management practices such as adoption of no-till, reduced
			 fallow and use of cover crops, and conservation set-asides with perennial
			 grasses and trees.
			3.Carbon
			 sequestration and soil conservation credit
			(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:

					45O.Carbon
				sequestration and soil conservation
						(a)In
				generalFor purposes of
				section 38, in the case of a taxpayer engaged in the business of farming, the
				credit determined under this section for the taxable year is an amount equal to
				30 percent of the qualified carbon sequestration and soil conservation
				expenditures for the taxable year which are paid or incurred with respect to
				the land used in such farming.
						(b)LimitationThe
				credit allowed with respect to a taxpayer under this section for a taxable year
				shall not exceed an amount equal to $10,000, reduced by the sum of the credits
				allowed with respect to the taxpayer under subsection (a) for all preceding
				taxable years.
						(c)Qualified carbon
				sequestration and soil conservation expensesFor purposes of this
				section—
							(1)In
				generalThe term qualified carbon sequestration and soil
				conservation expenditures means amounts paid or incurred to sequester
				carbon and conserve soil, including—
								(A)expenditures
				described in section 175(c),
								(B)conservation
				tillage expenditures,
								(C)cover cropping
				expenditures,
								(D)amounts paid or
				incurred to increase the nitrogen use efficiency (other than use of nitrogen
				fertilizers) of land used in farming, and
								(E)amounts paid or
				incurred for multiple year rotations, including introduction of a perennial
				that reduces carbon loss and tillage, builds soil tilth, and increases carbon
				capture capacity.
								(2)Conservation
				tillage expendituresThe term
				conservation tillage expenditures means any expenditures paid or
				incurred for a tilling and planting method in which at least 30 percent of the
				previous crop residue remains on the soil after planting the current crop. Such
				term includes the following tilling practices: no till, ridge till, minimum
				till, and mulch till.
							(3)Cover cropping
				expendituresThe term
				cover cropping expenditures means expenditures paid or incurred
				for the preparation and seeding of land for any grass, legume, or small
				grain—
								(A)which is not the
				primary crop of the taxpayer,
								(B)the primary purpose of which is to achieve
				one or more of the following: reduction in erosion; maintenance or improvement
				in soil fertility, tilth, and structure,
								(C)a purpose of which may be interruption of
				pest cycles or conservation of water.
								(d)Per acre credit
				alternative
							(1)In
				generalNot later than 180 days after the date of the enactment
				of this section, the Secretary shall, in consultation with the Secretary of
				Agriculture, establish an alternative procedure for determining the credit
				under subsection (a), which, at the election of the taxpayer, shall be treated
				as the amount determined under subsection (a).
							(2)Procedure
				described(A)The Secretary shall establish credit
				amounts to apply to land used in farming on a per acre basis with respect to
				each method of carbon sequestration and soil conservation described in
				subsection (c)(1).
								(B)Such credit amounts shall be based on
				the efficacy of the method in sequestering carbon and preventing soil
				erosion.
								(C)No such credit amount may exceed $15
				per acre.
								(D)The Secretary shall prescribe rules
				similar to the rules of paragraphs (1) through (4) of subsection (e) to apply
				for purposes of the procedure established under this subsection.
								(3)ElectionAn election to use such alternative method
				shall be made in such form and manner as the Secretary may prescribe, and shall
				apply to the taxable year for which made and for all subsequent taxable
				years.
							(e)Definition and
				special rules
							(1)Land used in
				farmingFor purposes of this
				section, land shall be treated as used in farming only if such land is used
				(before or simultaneously with the expenditures described in subsection (c)(1))
				by the taxpayer or his tenant for the production of crops, fruits, or other
				agricultural products or for the sustenance of livestock.
							(2)Expenditures
				must be consistent with soil conservation planNotwithstanding any other provision of this
				section, subsection (a) shall not apply to any expenditures unless such
				expenditures are consistent with—
								(A)the plan (if any)
				approved by the Soil Conservation Service of the Department of Agriculture for
				the area in which the land is located, or
								(B)if there is no
				plan described in clause (i), any soil conservation plan of a comparable State
				agency.
								(3)Basis
				adjustmentFor purposes of
				this subtitle, if a credit is determined under this section for any expenditure
				with respect to any property, the increase in the basis of such property which
				would (but for this paragraph) result from such expenditure shall be reduced by
				the amount of the credit so determined.
							(4)Denial of double
				benefitNo deduction or other
				credit shall be allowed under this chapter for any amount taken into account in
				determining the credit under this section.
							(f)TerminationThis
				section shall not apply to taxable years beginning after December 31,
				2013.
						.
			(b)Credit made part
			 of general business creditSubsection (b) of section 38 of such Code
			 (relating to current year business credit) is amended by striking
			 plus at the end of paragraph (30), by striking the period at the
			 end of paragraph (31) and inserting plus, and by adding at the
			 end the following new paragraph:

					(32)the carbon sequestration and soil
				conservation credit determined under section
				45O(a).
					.
			(c)Conforming
			 amendmentsSubsection (a) of section 1016 of such Code (relating
			 to adjustments to basis) is amended by striking and at the end
			 of paragraph (35), by striking the period at the end of paragraph (36) and
			 inserting and, and by adding at the end the following new
			 paragraph:

					(37)to the extent provided in section
				45O(e).
					.
			(d)Clerical
			 amendmentThe table of
			 sections for subpart D of part IV of subchapter A of chapter 1 of such Code is
			 amended by adding at the end the following new item:

						Sec. 45O. Carbon sequestration and soil
				conservation.

					.
			(e)Effective
			 dateThe amendments made by this section shall apply to
			 expenditures paid or incurred after December 31, 2008.
			4.Qualifying
			 planting expenditure credit
			(a)In
			 generalSubpart B of part IV
			 of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 other credits) is amended by adding at the end the following new
			 section:

					30D.Qualified
				planting expenditure credit
						(a)Allowance of
				creditThere shall be allowed
				as a credit against the tax imposed by this chapter for the taxable year an
				amount equal to 10 percent of the qualified planting expenditures of the
				taxpayer for the taxable year.
						(b)LimitationsThe
				amount taken into account under subsection (a) for any taxable year shall not
				exceed—
							(1)in the case of expenditures paid or
				incurred by the taxpayer with respect to an area which is included under
				section 121 as part of the taxpayer’s principal residence, $5,000,
							(2)in the case of
				expenditures paid or incurred by the taxpayer in the course of, or with respect
				to, a trade or business carried on by the taxpayer, $50,000, and
							(3)in any other case,
				zero.
							(c)Qualified
				planting expendituresFor
				purposes of this section—
							(1)In
				generalThe term qualifying planting expenditures
				means expenditures paid or incurred—
								(A)for the purchase
				and planting of any tree, plant, shrub, or bush which meets the requirements of
				paragraph (2), and
								(B)for the purchase
				and installation of a vegetated roof system.
								Such term
				shall not include expenditures relating to any property which is held by the
				taxpayer for use in a trade or business or for the production of income, or
				which is property described in section 1221(a)(1) in the hands of the
				taxpayer.(2)Trees, plants,
				shrubs, or bushesA tree,
				plant, shrub, or bush satisfies the requirements of the paragraph if such tree,
				plant, shrub, or bush is certified, in accordance with guidance prescribed by
				the Secretary (after consultation with the Administrator of the Environmental
				Protection Agency and the Secretary of Agriculture), to be quick-growing,
				appropriate for the region in which it is planted, and effective in capturing
				carbon.
							(3)Vegetated roof
				systemThe term vegetated roof system means a system
				by which vegetation growing in a substrate is integrated with the roof (or
				portion thereof) of a building owned by the taxpayer.
							(d)Application with
				other creditsThe credit
				allowed under subsection (a) for any taxable year shall not exceed the excess
				(if any) of—
							(1)the regular tax liability (as defined in
				section 26(b)) reduced by the sum of the credits allowable under subpart A and
				sections 27, 30, 30B, and 30C, over
							(2)the tentative minimum tax for the taxable
				year.
							(e)Definition and
				special rulesFor purposes of this section—
							(1)Principal
				residenceThe term principal residence has the same
				meaning as when used in section 121, except that no ownership requirement shall
				be imposed.
							(2)Joint occupancy,
				cooperative housing corporations, and condominium management
				associationsRules similar to
				the rules of paragraphs (4), (5), and (6) of section 25D(e) shall apply.
							(3)Expenditures
				outside United StatesThe credit under this section shall not be
				allowed with respect to expenditures paid or incurred for areas located outside
				the United States.
							(4)Basis
				adjustmentFor purposes of
				this subtitle, if a credit is allowed under this section for an expenditure,
				the increase in basis which would result (but for this subsection) from such
				expenditure shall be reduced by the amount of credit allowed under this
				section.
							(f)TerminationThis
				section shall not apply to taxable years beginning after December 31,
				2013.
						.
			(b)Conforming
			 amendments
				(1)Subsection (a) of section 1016, as amended
			 by section 3, is amended by striking and at the end of paragraph
			 (36), by striking the period at the end of paragraph (37) and inserting
			 and, and by adding at the end the following new paragraph:

						(38)to the extent provided in section
				30D(e)(4).
						.
				(2)The table of sections for subpart B of part
			 IV of subchapter A of chapter 1 of such Code is amended by inserting after the
			 item relating to section 30C the following new item:

							Sec. 30D. Qualified planting expenditure
				credit.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply to
			 expenditures paid or incurred after December 31, 2008.
			5.Grassland,
			 rangeland, and forest conservation credit
			(a)In
			 generalNot later than 180
			 days after the date of the enactment of this Act, the Secretary of the
			 Treasury, in consultation with the Department of Agriculture, shall establish
			 an appropriate tax credit, with respect to land located in the United States,
			 for—
				(1)the conversion of
			 cropland to pasture for grazing purposes or to grassland or rangeland,
			 and
				(2)reforestation and
			 afforestation of land—
					(A)which is not held
			 by the taxpayer for the planting, cultivating, caring for, and cutting of trees
			 for sale or use in the commercial production of timber products, and
					(B)with trees which are not held by the
			 taxpayer for use in a trade or business or for the production of income.
					(b)Other rules
			 relating to credit
				(1)Credit to be per
			 acreThe Secretary shall establish credit amounts to apply to
			 land on a per acre basis with respect to each method of conservation described
			 in subsection (a).
				(2)Pursuant to
			 approved planSuch methods must be pursuant to a plan submitted
			 by the taxpayer and approved by the Secretaries of the Treasury and
			 Agriculture.
				(3)Basis for credit
			 amountsCredit amount shall be based on—
					(A)the efficacy of
			 the method in sequestering carbon and preventing soil erosion,
					(B)the expenditures
			 relating to such method, and
					(C)the number of
			 years the taxpayer certifies to the Secretary or ensures (by conservation
			 easement or otherwise) that the applicable land will remain subject to the
			 approved plan.
					(4)RecaptureThe
			 Secretary shall provide for recapturing the benefit of any credit allowed under
			 this section with respect to any property that ceases to be used in accordance
			 with the approved plan.
				(5)Denial of double
			 benefit and basis adjustmentThe Secretary shall provide—
					(A)an appropriate
			 basis adjustment for property with respect to which such credit is allowed,
			 and
					(B)rules disallowing
			 such deductions and other credits as may be appropriate to avoid allowing
			 additional tax benefits for the same conservation method or expenses.
					(c)Effective
			 dateThe credit established by the Secretary shall apply to
			 taxable years beginning after December 31, 2008.
			6.Carbon
			 sequestration credit report
			(a)In
			 generalIn the case of any
			 substantial change in the carbon sequestration market (including the enactment
			 into law of a carbon cap and trade program), the Secretary of the Treasury
			 shall, in consultation with any appropriate Federal officers, study such change
			 and any effect of such change on the efficiency of, and need for, the credits
			 allowed under section 5 of this Act and sections 45O and 30D of the Internal
			 Revenue Code of 1986.
			(b)ReportAs
			 soon as practicable after sufficient opportunity to observe the effect of such
			 change in the carbon sequestration market, the Secretary shall submit a report
			 to Congress containing the results of the study conducted under subsection (a)
			 and any recommendations of the Secretary for modifying such credits based on
			 such results.


I
108th CONGRESS 2d Session
H. R. 4597
IN THE HOUSE OF REPRESENTATIVES

June 16, 2004
Mr. Reynolds (for himself, Mr. McHugh, Mr. Sanders, Mr. Etheridge, Mr. Obey, Mr. Simmons, Mr. Boehlert, Mr. McGovern, Mrs. Johnson of Connecticut, Mr. Quinn, Mr. Houghton, Mr. Walsh, Mr. Turner of Texas, Ms. Slaughter, Mr. Olver, Mr. Hinchey, Mr. Sweeney, Mr. McNulty, Mr. LaTourette, Mrs. Kelly, and Mr. Langevin) introduced the following bill; which was referred to the Committee on Agriculture

A BILL
To establish regional dairy marketing areas to stabilize the price of milk and support the income of dairy producers.

1.Short titleThis Act may be cited as the National Dairy Equity Act of 2004.
2.Regional Dairy Marketing AreasSubtitle E of title I of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7981 et seq.) is amended—
(1)by inserting before section 1501 (7 U.S.C. 7981) the following:

1General provisions;and
(2)by adding at the end the following:

2Regional Dairy Marketing Areas
1511.DefinitionsIn this chapter:
(1)BoardThe term Board means the Regional Dairy Board established for a Region under section 1514.
(2)Classes of milkThe terms Class I milk, Class II milk, Class III milk, and Class IV milk mean milk (including components of milk) classified as Class I, II, III, or IV milk, respectively, under a Federal milk marketing order.
(3)Covered processorThe term covered processor means a person or entity operating—
(A)a milk plant located in the regulated area of a Region; or
(B)a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area.
(4)Eligible producer
(A)The term eligible producer means an individual or entity that the Secretary determines directly or indirectly—
(i)shares in the risk of producing milk; and
(ii)makes contributions (including land, labor, management, equipment, or capital) to the dairy farming operation of the individual or entity that are at least commensurate with the share of the individual or entity of the proceeds of the operation.
(B)The term does not include an individual or entity that elects under section 1512(c) to continue to receive national dairy market loss payments pursuant to a contract entered into under section 1502.
(5)FundThe term Fund means the National Dairy Producers Fund established under section 1518.
(6)Federal milk marketing orderThe term Federal milk marketing order means a Federal milk marketing order issued under section 8c of the Agricultural Adjustment Act (7 U.S.C. 608c), reenacted with amendments by the Agricultural Marketing Agreement Act of 1937.
(7)Over-order premiumThe term over-order premium means the difference between—
(A)the over-order price established by the Board for the regulated area of a Region; and
(B)the Class I milk price per hundredweight in Boston under the applicable Federal milk marketing order.
(8)Over-order priceThe term over-order price means the minimum price for Class I milk in the regulated area of a Region, as established by the Board by regulation under section 1515.
(9)Partially regulated plant
(A)The term partially regulated plant means—
(i)a milk plant that, while not located in the regulated area of a Region, distributes Class I milk products in a regulated area; or
(ii)a milk plant that, while located in the regulated area of a Region, distributes Class I milk products in the regulated area of a different Region.
(B)The term does not include a milk plant described in subparagraph (A) that distributes less than a minimum quantity of Class I milk in the regulated area in which such distribution occurs, or derives less than a minimum quantity of receipts from such distribution. The Board for the regulated area in which such distribution occurs shall establish the minimum quantity of milk or receipts for purposes of this exclusion.
(10)Participating stateThe term participating State means a State that is designated as a participating State in a Region under section 1512.
(11)Pool plantThe term pool plant means a milk plant located in the regulated area of a Region.
(12)RegionThe term Region means a Regional Dairy Marketing Area established under section 1513.
(13)Regulated areaThe term regulated area means that portion of a Region consisting of participating States.
(14)SecretaryThe term Secretary means the Secretary of Agriculture.
1512.Participating States
(a)Designation of participating statesFor the purpose of this chapter, the following States are participating States:
(1)Each State in the Northeast, Southern, and Midwest Regions specified in section 1513.
(2)Each State in a different Region specified in section 1513, if that State elects to become a participating State by providing to the Secretary written notice through the Governor of the State in accordance with State law.
(b)Termination of participation
(1)Method of terminationTo terminate the designation of a State as a participating State in a Region, the Governor of the State (with the concurrence of the legislature of the State) shall submit written notice to the Secretary and the applicable Board of the termination.
(2)Effective date of termination
(A)Initial termination authorityIf a State submits the written notice required by paragraph (1) before the end of the 30-day period beginning on the date of enactment of this chapter, the termination of the designation of the State as a participating State shall take effect 30 days after the date on which the notice was submitted.
(B)Subsequent termination authorityIf a State submits the written notice required by paragraph (1) after the end of the period specified in subparagraph (A), the termination of the designation of the State as a participating State shall take effect 1 year after the date on which notice was submitted.
(3)Resumption of participationA State that terminates its designation as a participating State may restore, in the manner provided by State law, the designation of the State as a participating State. The Governor of the State shall provide written notice to the Secretary and the applicable Board of the decision to restore such designation, which shall take effect on the first day of the first month beginning after the Secretary receives the written notice.
(c)Relation to national dairy market loss payments
(1)Election of benefitsIn the case of each eligible producer operating in a participating State that is also a party to a contract entered into under section 1502 to receive national dairy market loss payments, the Secretary shall give the producer a 60-day period within which to elect to terminate the contract and to instead receive payments under this chapter. The 60-day period for eligible producers in a State shall commence on the date on which the State is first designated as a participating State under subsection (a).
(2)Effective date of terminationIf an eligible producer elects to terminate a contract under section 1502, as authorized by paragraph (1), the termination shall take effect on the date on which payments are first made to eligible producers under section 1521 in the participating State in which the producer operates.
(3)Protection during initial state termination period If a State exercises the initial termination authority provided under subsection (b), any election made by an eligible producer in that State under paragraph (1) to terminate a contract under section 1502 shall not take effect.
(4)Effect of election to continue contractAn eligible producer that does not elect to terminate a contract under section 1502, as authorized by paragraph (1), shall cease to be an eligible producer for the purpose of this chapter at the end of the period specified in such paragraph. The contract of such a producer shall terminate on September 30, 2005, notwithstanding any amendment to section 1502 to extend the duration of such contracts. After that date, the producer shall be ineligible for national dairy market loss payments under section 1502 and ineligible for payments under this chapter.
(5)Effect of subsequent state termination or restoration of participationAn eligible producer operating in a State that terminates its designation as a participating State under subsection (b)(2)(B) shall be eligible to enter into a contract under section 1502 to receive national dairy market loss payments, but only if—
(A)the producer is not ineligible to receive such payments under paragraph (4); and
(B)the producer agrees to terminate the contract under section 1502 if the State in which the producer operates restores its designation as a participating State under subsection (b)(3).
1513.Dairy marketing areasThere are established 5 Regional Dairy Marketing Areas to be composed of the following States, so long as the States are designated as participating States:
(1)Northeast regionA Northeast Dairy Marketing Area composed of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, and Vermont.
(2)Southern regionA Southern Dairy Marketing Area composed of the States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Texas, Tennessee, Virginia, and West Virginia.
(3)Midwest regionA Midwest Dairy Marketing Area composed of the States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
(4)Intermountain regionAn Intermountain Dairy Marketing Area composed of the States of Arizona, Colorado, Idaho, Montana, Nevada, New Mexico, Utah, and Wyoming.
(5)Pacific regionA Pacific Dairy Marketing Area composed of the States of Alaska, California, Hawaii, Oregon, and Washington.
1514.Regional Dairy Boards
(a)In generalEach Region shall be administered by a Regional Dairy Board.
(b)Composition
(1)Number and appointmentThe Board for a Region shall be composed of 3 members from each participating State in the Region, appointed by the Secretary from nominations submitted as provided in paragraph (2).
(2)Nomination processThe members of the Board from a participating State shall be selected from at least 9 individuals nominated by the Governor of the State, except that, if the commissioner of the department of agriculture of the State is an elected position, the nominations for the State shall be made by the commissioner. The nominations shall be made in consultation with eligible producers and the dairy industry in the participating State.
(3)RepresentationOf the members of the Board nominated and appointed to represent a participating State—
(A)at least 1 member shall be an eligible producer in the State at the time of nomination and appointment; and
(B)at least 1 member shall be a consumer representative.
(c)Terms
(1)In generalExcept as provided in paragraph (2), each member of the Board shall serve for a term of 3 years.
(2)Initial appointmentsOf the members first appointed to the Board from a participating State, the Secretary shall appoint—
(A)1 member to serve a term of 1 year;
(B)1 member to a term of 2 years; and
(C)1 member to a term of 3 years.
(d)VotingThe members of the Board representing a participating State shall be entitled to cast only 1 vote on behalf of the participating State in any vote taken by members of the Board.
(e)PowersIn carrying out this chapter in a Region, the Board for the Region is authorized—
(1)to investigate, or provide for investigations or research projects designed to review, the laws of participating States in the Region—
(A)to measure the impact of the laws on—
(i)the production and marketing of milk; and
(ii)the shipment of milk and milk products in the Region; and
(B)to review the administration and costs of the laws
(2)to study and recommend to participating States of the Region joint or cooperative programs for the administration of dairy marketing laws and to prepare estimates of cost savings and benefits of such programs;
(3)to encourage harmonious relationships between the various elements of the dairy industry in the Region for the solution of material problems, including conducting symposia or conferences designed to improve dairy-industry relations; or resolve problems of the dairy industry;
(4)to submit to participating States in the Region periodic reports on activities and programs of the Board;
(5)to review the processing and marketing system for milk and milk products in the regulated area of the Region and to recommend changes in the system used for the production and distribution of milk to assist, improve, or promote more efficient production and distribution of milk;
(6)to investigate costs and charges in the regulated area of the Region for producing, hauling, handling, processing, distributing, selling, and conducting all other services performed with respect to milk;
(7)to examine—
(A)economic forces affecting eligible producers in the Region;
(B)probable trends in production and consumption of milk and milk products in the Region;
(C)the level of dairy farm prices in relation to costs in the Region;
(D)the financial condition of eligible producers in the Region; and
(E)the need for an emergency order to relieve critical conditions on dairy farms in the regulated area;
(8)to take such actions as may be necessary to manage any overproduction of milk in the regulated area of the Region, including the authority to develop and implement an incentive-based supply management program in addition to other actions to manage such overproduction; and
(9)to issue such orders, promulgate such regulations, and take such other actions as are necessary to carry out this chapter in the regulated area of the Region.
(f)Use of other agenciesThe Board for a Region shall, to the maximum extent practicable, enter into agreements with Federal or State agencies for the exchange of information or services for the purpose of reducing regulatory burden and cost of administering this chapter. The Board may reimburse other agencies for the reasonable cost of providing the services.
(g)Technical assistanceAt the request of the Board, the administrator of a Federal milk marketing order shall provide technical assistance to the Board. The Board shall reimburse the administrator for the reasonable cost of providing the technical assistance.
1515.Establishment of over-order price for sale of Class I milk
(a)Authority to establish over-order priceSubject to subsection (b), the Board for a Region may establish, by regulation, an over-order price for the sale of Class I milk in the regulated area of a Region that—
(1)is higher than the price for Class I milk established under Federal milk marketing orders operating in the regulated area; and
(2)is higher than the price for fluid milk otherwise applicable in any portion of the regulated area not covered by a Federal milk marketing order.
(b)Maximum authorized over-order priceDuring the beginning on the date of the enactment of this chapter and ending on December 31, 2005, an over-order price established under subsection (a) may not exceed $17.50 per hundredweight. For each subsequent calendar year, the maximum over-order price applicable during the preceding year shall be adjusted by the Secretary to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(c)Application of over-order price and premium
(1)Uniform pricesIn the regulations establishing an over-order price, the Board shall provide for—
(A)the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to all covered processors for all milk so delivered, irrespective of the uses made of the milk by an individual covered processor; or
(B)the payment of uniform prices to all eligible producers and associations of eligible producers delivering milk to the same covered processor for all milk delivered by the eligible producers and associations to that covered processor.
(2)Payment by covered processorsAs provided in section 1516, the over-order premium applicable to the regulated area of a Region, determined on the basis of the over-order price established under subsection (a) for the regulated area, shall be paid by pool plants, partially regulated plants, and all other covered processors receiving milk from eligible producers located in a regulated area.
(3)Legal obligation to pay priceThe legal obligation to pay the over-order price shall be determined solely by the terms and purpose of the regulation establishing the price, without regard to the location of the transfer of title, possession, or any other factors not related to the purposes of the regulation and this chapter.
(4)Producer-handlersA producer-handler (as defined in the applicable Federal milk marketing order) that sells not more 150,000 pounds of milk per month shall not be subject to an over-order price under this subsection or the payment of the resulting over-order premium.
(d)Equalization pools
(1)Over-order pricesIn the case of regulations establishing an over-order price, the Board may establish 1 or more equalization pools within the regulated area for the sole purpose of equalizing returns to eligible producers throughout the regulated area.
(2)Pooling and equalization of over-order pricesFor purposes of the pooling and equalization of an over-order price—
(A)the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable Federal milk marketing order; and
(B)the value of milk not covered by a Federal milk marketing order shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the Board may prescribe by regulation.
(e)FactorsIn determining the amount of an over-order price to be established under this section, the Board shall consider—
(1)the balance between production and consumption of milk and milk products in the regulated area;
(2)the costs of milk production in the regulated area, including—
(A)the price of feed, including the cost of hay, silage, pasture, and other forage;
(B)the cost of labor, including the reasonable value of the eligible producer’s own labor and management;
(C)machinery expenses;
(D)interest expenses; and
(E)other cash expenses, including the cost of hauling, veterinary services and medicine, bedding and litter, marketing, custom services and supplies, fuel, lubrication, electricity, machinery and building repairs, labor, association fees, and assessments;
(3)the prevailing price for milk outside the regulated area;
(4)the purchasing power of the public; and
(5)the price necessary to yield a reasonable return to the eligible producer.
(f)Producer settlement fundsThe regulations shall require that the account of any person regulated under the over-order price shall be adjusted for any payments made to or received by the person with respect to a producer settlement fund of any Federal milk marketing order within the regulated area.
1516.Payments from covered processors
(a)Payments requiredSubject to subsection (b), each covered processor that purchases Class I milk during a month that will be sold in the regulated area of a Region shall pay to the Secretary an amount equal to the product obtained by multiplying—
(1)the over-order premium in effect for the regulated area for the month; by
(2)the quantity of Class I milk so purchased from eligible producers during the month.
(b)Reduction for any applicable equalization paymentsThe product obtained under subsection (a) for a covered processor for a month shall be reduced by any applicable equalization payments made for the same month by the covered processor pursuant to regulations issued under section 1517(a).
(c)Deposit of payments in fundThe Secretary shall deposit amounts received under this section in the Fund.
1517.Optional provisions for pricing orders
(a)Equalization payments
(1)In generalIn issuing regulations establishing an over-order price, the Board for a Region may include a provision to require persons that bring Class I milk into the regulated area of the Region to make equalization payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by covered processors subject to the over-order price.
(2)DiscriminationThe regulations shall not discriminate against milk producers outside the regulated area.
(3)AmountThe regulations for equalization payments may require payment of the difference between—
(A)the applicable over-order price; and
(B)the Class I price required to be paid for the milk in the State of production by a Federal milk marketing order.
(b)Partially regulated plantsThe regulations issued by the Board for a Region may provide special provisions governing the pricing and pooling of milk handled by partially regulated plants.
(c)Other provisionsThe regulations issued by the Board for a Region may contain such other provisions and requirements as the Board determines are necessary or appropriate—
(1)to effectuate the purposes of this chapter; and
(2)to provide for the payment of fair and equitable minimum prices for milk sold by eligible producers.
1518.National Dairy Producers Fund
(a)EstablishmentThere is established in the Treasury of the United States a revolving fund to be known as the National Dairy Producers Fund. The fund shall consist of the following:
(1)Payments by covered processors required to be deposited in the Fund under section 1516(c).
(2)The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund under subsection (d).
(3)To the extent that amounts referred to in the preceding paragraphs are insufficient to carry out this chapter, funds of the Commodity Credit Corporation, which shall be transferred by the Secretary to the Fund to make up the short-fall.
(b)Expenditures from fundOn request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to carry out this chapter.
(c)Investment of amounts
(1)In generalThe Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary, required to meet current operating requirements.
(2)InvestmentsInvestments may be made only in interest-bearing obligations of the United States.
(3)Acquisition of obligationsFor the purpose of investments under paragraph (1), obligations may be acquired—
(A)on original issue at the issue price; or
(B)by purchase of outstanding obligations at the market price.
(4)Sale of obligationsAny obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price.
1519.Compensation for administrative and increased food assistance costs
(a)Administrative costs
(1)Board assessment for administrative costsThe Board for a Region may impose and collect an assessment on covered processors operating in the regulated area of the Region to cover administrative costs incurred by the Board to carry out its duties under this chapter. The assessment amount may not exceed $0.03 per hundredweight.
(2)Use of fundThe Secretary shall use amounts in the Fund to cover—
(A)administrative costs incurred by the Secretary to carry out this chapter; and
(B)any administrative costs incurred by the Boards not covered by the assessments imposed under paragraph (1).
(b)Increased federal food assistance costsThe Secretary shall use amounts in the Fund to cover the increased cost of any milk and milk products that results from carrying out this chapter—
(1)child nutrition programs (as defined in section 25(b) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769f(b)); and
(2)nutrition services provided through projects carried out under part C of title IV of the Older Americans Act of 1965 (42 U.S.C. 3030e et seq.).
(c)Increased state food assistance costsThe Secretary shall use amounts in the Fund to make payments to each participating State for the increased costs incurred by the participating State of any milk or milk products provided under the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) that results from carrying out this chapter.
(d)Compensation of commodity credit corporation for increased milk purchasesAt the end of each month for which an over-order price is in effect for a Region, the Board of the Region shall compensate the Commodity Credit Corporation for the cost of any purchases of milk and milk products by the Corporation in the regulated area of the Region for that month resulting from a rate of increase in milk production for the month in the regulated area in excess of the national average rate of the increase in milk production over the 3-year period ending at the end of the preceding month, as determined by the Secretary.
1520.Use of fund to assist eligible producers
(a)Provision of funds to boardsThe Secretary shall use amounts in the Fund to make monthly payments to the Boards.
(b)AmountThe amount of a payment made to a Board for a Region for the most recent month for which data are available shall be the greater of—
(1)the amount of payments made by covered processors to the Fund under section 1516 for purchases of Class I milk that will be sold in the regulated area of the Region during the month; or
(2)the amount obtained by multiplying—
(A)a payment quantity equal to the total quantity of all milk produced in the regulated area of the Region during the month;
(B)a payment rate equal to the over-order premium in effect for the regulated area for the month; and
(C)50 percent.
(c)Payments to producersThe Board for a Region shall use amounts received under this section to make payments to eligible producers for all classes of milk that is produced in the regulated area of the Region.
1521.Producer referendum
(a)Referendum requiredFor the purpose of ascertaining whether the issuance, amendment, or termination of regulations establishing an over-order price is approved by eligible producers in the regulated area of a Region, the Board for the Region shall conduct a referendum among such eligible producers.
(b)TimingThe referendum shall be held in a timely manner, as determined by regulation of the Board.
(c)Ballot content
(1)In generalThe terms and conditions of the proposed order or amendment shall be described by the Board in the ballot used in the referendum.
(2)ActionsThe nature, content, or extent of the description shall not be used a basis for attacking the legality of the order or any action relating to the order.
(d)ApprovalAn order or amendment shall be considered approved by eligible producers if the Board determines that the order or amendment is approved by a majority of the voting eligible producers who, during a representative period determined by the Board, have been engaged in the production of milk the price of which would be regulated under the proposed order or amendment.
(e)Cooperatives
(1)In generalSubject to paragraphs (2) through (6), for the purpose of a referendum, the Board shall consider the approval or disapproval by any cooperative association of eligible producers qualified under the Act entitled An Act to authorize association of producers of agricultural products (commonly known as the Capper-Volstead Act) (7 U.S.C. 291 et seq.) and engaged in marketing milk, or in rendering services for or advancing the interests of eligible producers, as the approval or disapproval of the eligible producers who are members or stockholders in, or under contract with, the cooperative association of eligible producers.
(2)Common marketing agencyNo cooperative that has been formed to act as a common marketing agency for both the cooperative and individual eligible producers shall be qualified to block vote for the cooperative or individual eligible producers.
(3)Notification by cooperative
(A)In generalAny cooperative that is qualified to block vote shall, before submitting the approval or disapproval of the cooperative in any referendum, give prior written notice to each of the members of the cooperative as to whether and how the cooperative intends to cast the vote of the cooperative.
(B)AdministrationThe notice shall be given in a timely manner as established, and in the form prescribed, by the Board.
(4)Producer ballots
(A)In generalAny eligible producer may obtain a ballot from the Board in order to register approval or disapproval of the proposed order.
(B)BallotsIf a cooperative provides notice to an eligible producer of the intent of the cooperative to approve or not approve a proposed order and the eligible producer casts a ballot that is contrary to the intent of the cooperative—
(i)the eligible producer shall notify the Board as to the name of the cooperative of which the eligible producer is a member; and
(ii)the Board shall—
(I)remove the name of the eligible producer from the list certified by the cooperative of corporate vote of the cooperative; and
(II)provide the eligible producer with an independent ballot that may be cast in the referendum.
(5)Notification by BoardIn order to ensure that all eligible producers are informed regarding the proposed order, the Board shall notify all eligible producers that—
(A)an order is being considered; and
(B)each eligible producer may register the approval or disapproval of the eligible producer with the Board directly or through the cooperative of the eligible producer.
1522.Enforcement with respect to covered processorsIn the case of covered processors, the Board may enforce this chapter (including regulations establishing an over-order price and other regulations issued under this chapter) by—
(1)commencing an action for legal or equitable relief brought in the name of the Board in Federal or State court of competent jurisdiction;
(2)referral to the State agency for enforcement by judicial or administrative remedy with the agreement of the appropriate State agency of a participating State; or
(3)bringing an action for an injunction to enforce this chapter, without being compelled to allege or prove that an adequate remedy of law does not exist..
3.National dairy market loss paymentsSection 1502 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 7982) is amended by striking 2005 each place it appears in subsections (f) and (g)(1) and inserting 2007.


		II
		111th CONGRESS
		1st Session
		S. 266
		IN THE SENATE OF THE UNITED STATES

			January 15, 2009
			Mr. Nelson of Florida
			 (for himself, Ms. Collins,
			 Mr. Whitehouse, Mr. Kohl, Mr.
			 Kerry, Mr. Johnson, and
			 Mrs. Boxer) introduced the following
			 bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend title XVIII of the Social Security Act to reduce
		  the coverage gap in prescription drug coverage under part D of such title based
		  on savings to the Medicare program resulting from the negotiation of
		  prescription drug prices.

		1.Short
			 titleThis Act may be cited as
			 the Medicare Prescription Drug Gap
			 Reduction Act of 2009.
		2.Reducing
			 coverage gapSection
			 1860D–2(b) of the Social Security Act (42 U.S.C. 1395w–102(b)) is
			 amended—
			(1)in paragraph
			 (3)(A), by striking paragraph (4) and inserting paragraph
			 (4), subject to the increase described in paragraph (7); and
			(2)by adding at the
			 end the following new paragraph:

					(7)Increase of
				initial coverage limit based on medicare savings due to negotiation of drug
				pricesFor each year (beginning with 2010), the Secretary shall
				increase the initial coverage limit for the year specified in paragraph (3) so
				that the aggregate amount of increased expenditures from the Medicare
				Prescription Drug Account as a result of such increase under this paragraph in
				the year (as estimated by the Office of the Actuary of the Centers for Medicare
				& Medicaid Services) is equal to the aggregate amount of reduced
				expenditures from such Account that the Office of the Actuary estimates will
				result in the year as a result of the application of the amendment made by
				section 3(a) of the Medicare Prescription
				Drug Gap Reduction Act of
				2009.
					.
			3.Negotiating fair
			 prices for medicare prescription drugs
			(a)In
			 GeneralSection 1860D–11 of the Social Security Act (42 U.S.C.
			 1395w–111) is amended by striking subsection (i) (relating to noninterference)
			 and inserting the following:

					(i)Authority To
				Negotiate Prices With Manufacturers
						(1)In
				generalSubject to paragraph (4), in order to ensure that
				beneficiaries enrolled under prescription drug plans and MA–PD plans pay the
				lowest possible price, the Secretary shall have authority similar to that of
				other Federal entities that purchase prescription drugs in bulk to negotiate
				contracts with manufacturers of covered part D drugs, consistent with the
				requirements and in furtherance of the goals of providing quality care and
				containing costs under this part.
						(2)Mandatory
				responsibilitiesThe Secretary shall be required to—
							(A)negotiate
				contracts with manufacturers of covered part D drugs for each fallback
				prescription drug plan under subsection (g); and
							(B)participate in
				negotiation of contracts of any covered part D drug upon request of an approved
				prescription drug plan or MA–PD plan.
							(3)Rule of
				constructionNothing in paragraph (2) shall be construed to limit
				the authority of the Secretary under paragraph (1) to the mandatory
				responsibilities under paragraph (2).
						(4)No particular
				formulary or price structureIn order to promote competition
				under this part and in carrying out this part, the Secretary may not require a
				particular formulary or institute a price structure for the reimbursement of
				covered part D drugs.
						(5)Use of
				savingsThe savings to the Medicare Prescription Drug Account
				through the use of the authority provided under this subsection (including the
				mandatory responsibilities under paragraph (2)) shall be used to increase the
				initial coverage limit for the year in accordance with section
				1860D–2(b)(7).
						.
			(b)Effective
			 DateThe amendment made by subsection (a) shall take effect on
			 the date of enactment of this Act.


110 HR 1279 IH: Direct Support Professionals Fairness and Security Act of

U.S. House of Representatives
2007-03-01
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.

		I
		110th CONGRESS
		1st Session
		H. R. 1279
		IN THE HOUSE OF REPRESENTATIVES

			March 1, 2007
			Mrs. Capps (for
			 herself and Mr. Terry) introduced the
			 following bill; which was referred to the Committee on Energy and
			 Commerce

		A BILL
		To amend title XIX of the Social Security Act to provide
		  funds to States to enable them to increase the wages paid to targeted direct
		  support professionals in providing services to individuals with disabilities
		  under the Medicaid Program.

		1.Short title;
			 findings
			(a)Short
			 titleThis Act may be cited as the Direct Support Professionals Fairness and Security Act of
			 2007.
			(b)FindingsCongress
			 finds the following:
				(1)Direct support professionals (including
			 workers referred to as direct support workers, direct care workers, personal
			 assistants, personal attendants, paraprofessionals) are the primary providers
			 of long term care services for millions of individuals who have physical or
			 mental disabilities. Direct support professionals provide assistance with
			 activities of daily living, instrumental activities of daily living, assistance
			 with rehabilitation, habilitation, training needs and other tasks. All provide
			 essential supports that help keep individuals with disabilities connected to
			 their communities.
				(2)These workers who
			 provide intimate supports are predominately female and many are the sole
			 breadwinners of their families. Although working and paying taxes, many women
			 in these jobs remain impoverished and are eligible for many of the same Federal
			 and state public assistance programs upon which the very individuals with
			 disabilities to whom they provide supports must depend.
				(3)Throughout the
			 nation, there is a critical shortage of direct support professionals. Vacancy
			 and turn over rates are high. In many parts of the country, individuals with
			 disabilities are unable to access the services they need, thereby jeopardizing
			 their health and quality of life, placing even greater burdens on their family
			 members and informal caregivers and creating long waiting lists for community
			 placement.
				(4)The crisis that
			 the nation faces today will only get worse. Over the next 30 years, there will
			 be a rapid rise of the population over 65 years of age. At the same time,
			 advances in medical science and drug therapy are increasing the number of
			 people, of all ages, living with severe disabilities. Thus, while demand for
			 direct support professional services is increasing, the pool of younger, entry
			 level workers is shrinking. By 2010, more than 780,000 additional workers must
			 be found to fill long-term direct support staff positions.
				(5)To stabilize and
			 increase the number of direct support professionals in the work force, the
			 wages and benefits of direct support professionals must be improved and made
			 equitable among long term support options.
				(6)Medicaid is the
			 single-largest payor of long-term supports and services for people with
			 disabilities. Enhanced Federal Medicaid matching funds should be available to
			 assist states committed to addressing wage differentials among direct support
			 professionals by increasing the wages of direct support professionals and
			 supporting and improving the stability of the direct support professional
			 workforce.
				2.Medicaid
			 amendment
			(a)Authorizing
			 establishment of direct support professional wage enhancement
			 plansTitle XIX of the Social
			 Security Act is amended—
				(1)by redesignating
			 section 1939 as section 1940; and
				(2)by inserting after
			 section 1938 the following new section:
					1939.Direct support
		  professional wage enhancement plan(a)State
				OptionAs a condition for the
				receipt of increased funding described in subsection (f), a State is required
				to provide for the implementation of a direct support professional wage
				enhancement plan under this section.
							(b)Direct support
				professional wage enhancement plan
								(1)In
				generalFor purposes of this section, the term direct
				support professional wage enhancement plan means a plan of a State that
				the Secretary determines meets the following requirements:
									(A)Deadline for
				submissionThe plan is submitted to the Secretary not later than
				120 days after the date the Secretary provides notice to States under paragraph
				(3).
									(B)Contents
										(i)Equalization of
				hourly wage ratesThe plan must describe how the State intends to
				use the funds made available under this section to increase the hourly wage
				rate of targeted direct support professionals so that by the end of the 5-year
				implementation period (as defined in subsection (g)(4)) such rate is equal to
				the average hourly wage rate of reference direct support professionals.
										(ii)Additional
				provisionsThe plan must include the additional information
				described in subsection (c).
										(C)ImplementationThe
				plan must be developed and implemented in accordance with subsection
				(d).
									(D)Annual
				reportsThe State must provide for annual assessments and reports
				in accordance with subsection (e).
									(2)Modification of
				planNothing in this section shall be construed as preventing a
				State from time to time and with the approval of the Secretary from modifying a
				direct support professional wage enhancement plan so long as such plan, as
				modified, continues to meet the requirements of paragraph (1).
								(3)NoticeNot
				later than 90 days after the date of the enactment of this section, the
				Secretary shall provide notice to States regarding the provisions of this
				section, including the availability of enhanced funding to implement direct
				support professional wage enhancement plans.
								(c)Contents of
				planA direct support professional wage enhancement plan shall
				include, consistent with the other requirements of this section, the
				following:
								(1)A description of
				how the State intends to use funds provided under this section to meet the
				requirement of subsection (b)(1).
								(2)A description of
				the prevailing hourly wage rates for targeted direct support professionals
				before the implementation of such plan and any hourly wage rate differentials
				between targeted direct support professionals and reference direct support
				professionals.
								(3)The impact of wage
				differentials and labor market conditions on the recruitment and retention of
				targeted direct support professionals, including current or projected labor
				shortages.
								(4)The identification
				of a specific, five-year performance goal to increase the hourly wage rate of
				targeted direct support professionals so as to eliminate any wage rate
				differential between targeted and reference direct support professionals and
				the methodology to be used by the State to achieve its goal.
								(5)The annual
				performance goals and targets that the State will monitor to track progress
				toward achieving its five-year performance goal.
								(6)Current efforts to
				increase and stabilize the State’s direct support professional labor force and
				how the plan shall be coordinated with such efforts.
								(7)Methods for
				assuring that funds provided under this section shall be spent in accordance
				with such plan, and shall not be used to supplant existing funds for wages and
				benefits or to reduce the State’s expenditures below the amount that the State
				would have paid had the plan not been in effect.
								(8)A description of
				the stakeholders and collaborative process used consistent with subsection (d)
				to develop the plan and the means by which such collaboration shall continue
				during the implementation of the plan.
								(9)Assurances
				satisfactory to the Secretary that upon the expiration of the 5-year
				implementation period, the State shall provide funding necessary to maintain
				the wage rates attained under the plan for targeted direct support
				professionals at the five-year performance goal increased annually thereafter
				by a percentage that is not less than the annual percent increase in the
				employment cost index (as published quarterly by the Bureau of Labor
				Statistics).
								(d)Development and
				implementation of planA direct support professional wage
				enhancement plan shall be developed and implemented in collaboration
				with—
								(1)targeted
				individuals with disabilities and family representatives;
								(2)targeted direct
				support professionals;
								(3)agencies or
				provider organizations that serve targeted individuals with disabilities and
				employ targeted direct support professionals; and
								(4)individuals and
				organizations representing the interests of those described in paragraphs (1)
				through (3).
								(e)Annual
				assessment and report
								(1)In
				generalA State shall—
									(A)perform an assessment of the operation of
				the direct care support professional wage enhancement plan in the State in each
				fiscal year; and
									(B)report to the Secretary by January 1
				following the end of the fiscal year, on the results of such assessment.
									(2)ContentsEach
				such assessment shall include the following:
									(A)An assessment of
				the effectiveness of the plan in increasing the wages of targeted direct
				support professionals and reducing or eliminating the wage gap with reference
				direct support professionals.
									(B)An assessment of
				the State’s progress in meeting its annual performance goals under the
				plan.
									(C)An assessment of
				the effectiveness of the State’s collaboration with stakeholders on plan
				development and implementation issues.
									(D)A review and
				assessment of State activities to coordinate the plan with other activities in
				the State to improve and stabilize the direct support professional
				workforce.
									(E)Recommendations
				for improving the plan.
									(F)Such other
				information as the Secretary may specify.
									(f)Increase in
				payment to implement plan
								(1)In
				generalSubject to paragraph (2), for each calendar quarter
				during the 5-year implementation period in which a direct support professional
				wage enhancement plan is in effect under this section in a State, the amount of
				payment for medical assistance under section 1903(a)(1) shall be increased by
				the wage enhancement incentive percentage (as defined in paragraph (3)(G))
				multiplied by the portion of total funds expended during the quarter for the
				provision of direct support services to targeted individuals that are
				attributable to the wages of targeted direct support professionals.
								(2)Limitation
									(A)In
				generalPayments made under paragraph (1) shall be used only to
				increase the wages of targeted direct support professionals.
									(B)Treatment of
				employee benefits and salary related benefitsFor purposes of
				subparagraph (A), payments for costs of employee benefits and other salary
				related benefits (including mandatory employment taxes and benefits) shall be
				treated as payments to increase the wages of targeted direct support
				professionals so long as payments attributable to such non-wage benefits do not
				exceed 20 percent of the total amounts that increase the wages of targeted
				direct support professionals.
									(3)DefinitionsFor
				purposes of this subsection:
									(A)Annual rate
				differential percentageThe term annual rate differential
				percentage means, with respect to a State for a year in which the direct
				support professional wage enhancement plan is in effect, the percent of the
				direct support professional wage rate differential (as defined in subparagraph
				(E)) to be paid under plan for the year.
									(B)Average
				reference direct support professional hourly wage rateThe term
				average reference direct support professional hourly wage rate
				means, for a year under a direct support professional wage enhancement plan,
				the average direct support professional hourly wage rate (as defined in
				subparagraph (D)), including any projected increase, paid in the year to
				reference direct support professionals who are employed by the State or, if
				there are no such employees, to reference direct support professionals who are
				employed by local governments in the State, or, when necessary to meet the
				purpose of the plan, any other reference wage rate defined by the State and as
				approved by the Secretary.
									(C)Base-year
				average targeted direct support professional hourly wage rateThe
				term average targeted direct support professional hourly wage rate
				means, for a State, the average direct support professional hourly wage rate
				(as defined in subparagraph (D)) paid to targeted direct support professionals
				under the State plan in the 12-month-period immediately preceding the 5-year
				implementation period.
									(D)Direct support
				professional hourly wage rateThe term direct support
				professional hourly wage rate means—
										(i)the rate of hourly
				wage paid to a direct support professional; plus
										(ii)mandatory
				employment taxes and benefits (as defined in subparagraph (F)) paid (as
				computed and applied on an hourly basis) with respect to such
				employment.
										(E)Direct support
				professional wage rate differentialThe term direct support
				professional wage rate differential means, for a State for a year, the
				amount by which—
										(i)the
				average reference direct support professional hourly wage rate (as defined in
				subparagraph (B)) for the State and year, exceeds
										(ii)the base-year
				average targeted direct support professional hourly wage rate (as defined in
				subparagraph (C)) for the State.
										(F)Mandatory
				employment taxes and benefitsThe term mandatory employment
				taxes and benefits means taxes under section 3111 of the Internal
				Revenue Code of 1986 (relating to the employer share of FICA taxes) and the
				employer’s share of unemployment compensation and worker’s compensation
				payments.
									(G)Wage enhancement
				incentive percentageThe term wage enhancement incentive
				percentage means—
										(i)the product of (I)
				the total direct support professional wage rate differential (as defined in
				subparagraph (E), and (II) annual rate differential percentage (as defined in
				subparagraph (A)); divided by
										(ii)the average
				reference direct support professional hourly wage rate (as defined in
				subparagraph (B)).
										(g)Inspector
				general auditThe Secretary, through the Inspector General of the
				Department of Health and Human Services, shall audit a sample from among the
				States in order to assess the effectiveness of progress made in reducing or
				eliminating the wage gap between targeted and reference direct support
				professionals through funds under this section.
							(h)GAO
				study
								(1)StudyThe
				Comptroller General of the United States shall conduct a study concerning the
				wage equalization and recruitment and retention of direct support professionals
				who are providing services and supports to individuals with
				disabilities.
								(2)ReportsThe
				Comptroller General shall submit to Congress reports, in the third and fifth
				years in which this section is being implemented, on progress made by States,
				and the impact of payments under this section, on providing wage equalization
				and in improving recruitment and retention of direct support
				professionals.
								(i)DefinitionsFor
				purposes of this section:
								(1)Direct support
				professionalThe term direct support professional
				means an individual who, whether in a supervisory or non-supervisory capacity,
				provides services and supports, as needed, to an individual with a disability
				to assist in acquiring, maintaining or enhancing skills necessary to perform
				activities of daily living or instrumental activities of daily living and
				health-related functions through hands-on assistance, supervision, or cueing.
				Such term includes, among others, individuals who may be classified as nurses
				aides, home health aides, home care aides, personal care aides and personal
				assistants, in-home support workers, homemakers, behavioral specialists,
				habilitation specialist, mental health rehabilitation technicians, independent
				living skills specialists, crisis program workers, qualified mental health or
				mental retardation professionals, and educational technicians.
								(2)Direct support
				professional wage enhancement planThe term direct support
				professional wage enhancement plan is defined in subsection
				(b)(1).
								(3)Direct support
				servicesThe term direct support services means a
				range of services and supports, provided by one or more persons, designed to
				provide support and health-related services to an individual with a disability
				to enable them to perform, acquire, maintain or enhance skills necessary to
				perform activities of daily living (ADL), instrumental activities of daily
				living (IADL) and health-related functions. Such term includes personal care
				services, consumer-directed personal assistance services, rehabilitation
				services, habilitation services, and respite care.
								(4)Individual with
				a disabilityThe term individual with a disability
				means an individual who meets (or is regarded as meeting) the criteria for
				being disabled under the supplemental security income program under title XVI.
				Such term includes an individual who, regardless of age, is eligible for and
				receiving medical assistance under this title for any benefits described in
				paragraph (i)(8).
								(5)5-year
				implementation periodThe term 5-year implementation
				period means, with respect to a State and a direct support professional
				wage enhancement plan under this section, the period of 20 calendar quarters
				beginning with the first full calendar quarter in which such plan is
				implemented in the State under this section. Each of the five
				4-calendar-quarter periods within such period shall be treated as a year for
				purposes of this section.
								(6)Reference direct
				support professionalThe term reference direct support
				professional means a direct support professional who—
									(A)is employed by a
				State or local government entity; and
									(B)provides direct
				support services to targeted individuals with disabilities under this
				title.
									(7)Targeted direct
				support professionalThe term targeted direct support
				professional means a direct support professional who—
									(A)is not employed by
				a State or local government entity; and
									(B)provides direct
				support services to targeted individuals with disabilities under this
				title.
									(8)Targeted
				individual with a disabilityThe term targeted individual with a
				disability means an individual with a disability who is eligible for and
				is receiving medical assistance under this title for personal care services
				under section 1905(a)(23), for rehabilitative services under section
				1905(a)(13), for home health care services under section 1905(a)(7), for
				intermediate care facility services for the mentally retarded under section
				1905(a)(15), for home and community-based services under a State plan option
				under section 1915(j), for self-directed personal assistance services under a
				State plan amendment option under section 1915(i), or for home and
				community-based services under a waiver approved under section 1915(c) or
				section
				1115.
								.
				(b)Conforming
			 amendmentSection 1903(a)(1) of such Act (42 U.S.C. 1396b(a)(1))
			 is amended by inserting and section 1939(f) after
			 1923(f).
			(c)Authorization of
			 planning grantsThe Secretary of Health and Human Services is
			 authorized to award State planning grants in an amount not to exceed, in the
			 aggregate, $3,000,000, in order to assist States in establishing direct support
			 professional wage enhancement plans under section 1939 of the
			 Social Security Act, as inserted by
			 subsection (a).


114 HR 461 IH: Wild Game Donation Act of 2015
U.S. House of Representatives
2015-01-21
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.

I
114th CONGRESS
1st Session
H. R. 461
IN THE HOUSE OF REPRESENTATIVES

January 21, 2015
Mr. Young of Alaska (for himself, Ms. Kuster, Mr. Kelly of Pennsylvania, Mr. Thompson of California, Mr. Cook, Mr. Hanna, Mr. Neugebauer, Mr. Thompson of Pennsylvania, Mr. Welch, Mr. Loebsack, Mr. Benishek, Mr. Jones, Mr. Sessions, Mr. Cole, Mr. Westerman, Mr. Nolan, Mr. Marino, Mr. Farenthold, Mr. Nunnelee, Mr. Walz, Mr. Cleaver, Mr. Fincher, Mr. Weber of Texas, Mr. Carter of Texas, Ms. DelBene, Mr. Pearce, Mr. Hudson, Mr. Peterson, and Mr. Nugent) 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 provide tax incentives for the donation of wild game meat.

1.Short titleThis Act may be cited as the Wild Game Donation Act of 2015. 2.Charitable deduction for costs associated with donations of wild game meat (a)In generalSubsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

(8)Special rule for contributions of wild game meat
(A)In generalIn the case of a charitable contribution by an individual of qualified wild game meat, the amount of such contribution otherwise taken into account under this section (after the application of paragraph (1)(A)) shall be increased by the amount of the qualified processing fees paid with respect to such contribution. (B)Qualified wild game meatFor purposes of this paragraph, the term qualified wild game meat means the meat of any animal which is typically used for human consumption, but only if—
(i)such animal is killed in the wild by the individual making the charitable contribution of such meat (not including animals raised on a farm for the purpose of sport hunting), (ii)such animal is hunted or taken in accordance with all State and local laws and regulations, including season and size restrictions,
(iii)such meat is processed for human consumption by a processor which is licensed for such purpose under the appropriate Federal, State, and local laws and regulations and which is in compliance with all such laws and regulations, and (iv)such meat is apparently wholesome (under regulations similar to the regulations under section 22(b)(2) of the Bill Emerson Good Samaritan Food Donation Act).
(C)Qualified processing feeFor purposes of this paragraph, the term qualified processing fee means any fee or charge paid to a processor which fulfills the requirements of subparagraph (B)(iii) for the purpose of processing wild game meat, but only to the extent that such meat is donated as a charitable contribution under this section.. (b)Exclusion of processor's income from tax exempt organizations (1)In generalPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139E the following new section:

139F.Certain income received from charitable organizations
(a)In generalGross income of a qualified meat processor shall not include any amount paid to such processor as a qualified processing fee by a charitable organization for the processing of donated wild game meat. (b)DefinitionsFor purposes of this section—
(1)Qualified meat processorThe term qualified meat processor means a processor which fulfills the requirements of section 170(e)(8)(B)(iii). (2)Charitable organizationThe term charitable organization means an entity to which a charitable contribution may be made under section 170(c) and the charitable purpose of which is to provide free food to individuals in need of food assistance.
(3)Donated wild game meatThe term donated wild game meat means qualified wild game meat (as defined in section 170(e)(8)(B), without regard to clause (iii) thereof) which is received as a charitable contribution (as defined in section 170(c)) by a charitable organization. (4)Qualified processing feeThe term qualified processing fee means any fee or charge paid to a qualified meat processor for the purpose of processing donated wild game meat..
(2)Clerical amendmentThe table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139E the following new item:   Sec. 139F. Certain income received from charitable organizations.. (c)Effective dateThe amendments made by this section shall apply to donations made, and fees received, after the date of the enactment of this Act.


116 HR 4436 IH: National Poverty Research Center Authorization Act
U.S. House of Representatives

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
		116th CONGRESS
		1st Session
		H. R. 4436
		IN THE HOUSE OF REPRESENTATIVES

			September 20, 2019
			Mr. Pocan (for himself, Ms. Norton, and Ms. Jayapal) introduced the following bill; which was referred to the Committee on Oversight and Reform

		A BILL
		To authorize a National Poverty Research Center.

 1.Short titleThis Act may be cited as the National Poverty Research Center Authorization Act. 2.National Poverty Research Center (a)EstablishmentThe Secretary of Health and Human Services shall award, every 5 years, one or more 5-year grants or cooperative agreements with institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to operate one or more National Poverty Research Centers.
			(b)Research
 (1)In generalNational Poverty Research Centers shall perform poverty policy research, poverty policy research training, and poverty policy research dissemination.
 (2)CollaborationNational Poverty Research Centers shall coordinate formal networks in order to facilitate a sustainable, nationwide infrastructure of poverty policy researchers and to better inform public policies that seek to reduce poverty and its effects in the United States.


I
111th CONGRESS
1st Session
H. R. 800
IN THE HOUSE OF REPRESENTATIVES

February 3, 2009
Ms. Baldwin (for herself, Mr. Pence, Mr. Walz, Mr. Boehner, Mr. Kind, Mr. Petri, Mr. Donnelly of Indiana, Mr. Ellsworth, and Mr. Burton of Indiana) introduced the following bill; which was referred to the Committee on Agriculture

A BILL
To amend the Food, Conservation, and Energy Act of 2008 to authorize producers on a farm to produce fruits and vegetables for processing on the base acres of the farm.

1.Short title This Act may be cited as the Farming Flexibility Act of 2009.
2.Production of fruits and vegetables for processing on covered commodity base acresSection 1107 of the Food, Conservation, and Energy Act of 2008 (7 U.S.C. 8717) is amended—
(1)in subsection (d)—
(A)in paragraph (1), by striking each of the 2009 through 2012 crop years and inserting the 2009 crop year; and
(B)by striking paragraph (7); and
(2)by adding at the end the following new subsection:

(e)Nation-wide authority for production of fruits or vegetables for processing
(1)Planting authorizedBeginning with the 2010 crop year, notwithstanding paragraphs (1) and (2) of subsection (b) and in addition to the exceptions provided in subsection (c), producers on a farm, with the consent of the owner and other producers on the farm, may reduce the base acres for any covered commodity for the farm if the reduced acres are used for the planting and production of fruits or vegetables for processing.
(2)Reversion to covered commodity base acresAny reduced acres of a farm devoted to the planting and production of fruits or vegetables during a crop year under paragraph (1) shall be included in base acres for the covered commodity for the subsequent crop year, unless the producers on the farm make the election described in paragraph (1) for the subsequent crop year.
(3)Recalculation of base acres
(A)In generalSubject to subparagraph (B), if the Secretary recalculates base acres for a farm, the planting and production of fruits or vegetables for processing under paragraph (1) shall be considered to be the same as the planting, prevented planting, or production of the covered commodity.
(B)ProhibitionNothing in this subsection provides authority for the Secretary to recalculate base acres for a farm..


115 HRES 186 RH: Of inquiry directing the Secretary of the Treasury to provide to the House of Representatives the tax returns and other specified financial information of President Donald J. Trump.
U.S. House of Representatives
2017-03-30
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.

IB
House Calendar No. 30
115th CONGRESS
1st Session
H. RES. 186
[Report No. 115–73]
IN THE HOUSE OF REPRESENTATIVES

March 9, 2017
Mr. Pascrell (for himself, Mr. Crowley, Mr. Danny K. Davis of Illinois, Ms. Sewell of Alabama, Mr. Neal, Ms. Eshoo, Mr. Doggett, Mr. Sarbanes, Ms. DelBene, Mr. Thompson of California, and Mr. Blumenauer) submitted the following resolution; which was referred to the Committee on Ways and Means

March 30, 2017
Additional sponsors: Ms. DeLauro, Ms. Clark of Massachusetts, Mr. Pocan, Mr. Pallone, Mr. Lewis of Georgia, Mr. Vargas, Mr. Garamendi, Mr. Welch, Mrs. Watson Coleman, Mr. Gutiérrez, Ms. Speier, Mr. Larson of Connecticut, Mr. Kind, Mr. Nadler, Mr. Cummings, Mr. Cohen, Mr. Higgins of New York, Mr. Capuano, Mr. Perlmutter, Mrs. Carolyn B. Maloney of New York, Ms. Judy Chu of California, Ms. Shea-Porter, Mr. Grijalva, Mr. McGovern, Mr. Sires, Mr. Brady of Pennsylvania, Ms. Schakowsky, Ms. Lee, Mr. Ruppersberger, Mr. Khanna, Mr. Himes, Mr. Beyer, Mr. Engel, Mr. Panetta, Mr. Hastings, Mr. Sherman, Mr. Smith of Washington, Ms. DeGette, Mr. Crist, Ms. Tsongas, Ms. McCollum, Mr. Cicilline, Mr. Huffman, Mr. Quigley, Mr. Langevin, Mr. Rush, Mr. Levin, Mr. Ted Lieu of California, Mr. Ben Ray Luján of New Mexico, Ms. Kaptur, Ms. Pingree, Mr. Michael F. Doyle of Pennsylvania, Ms. Kelly of Illinois, Mr. Johnson of Georgia, Ms. Hanabusa, Mr. Brendan F. Boyle of Pennsylvania, Ms. Jayapal, Mr. Deutch, Mr. Ryan of Ohio, Mr. Cárdenas, Mr. Raskin, Mr. DeSaulnier, Mrs. Lawrence, Mr. Keating, Ms. Slaughter, Ms. Michelle Lujan Grisham of New Mexico, Mr. Clay, Mr. Moulton, Mr. Delaney, Ms. Clarke of New York, Mr. Loebsack, Ms. Sánchez, Mr. Butterfield, Mr. McEachin, Mr. Courtney, Mrs. Torres, Ms. Velázquez, Mr. Carson of Indiana, Mr. Kildee, Ms. Lofgren, Mr. Evans, and Mr. Carbajal

March 30, 2017
Reported adversely, referred to the House Calendar, and ordered to be printed

RESOLUTION
Of inquiry directing the Secretary of the Treasury to provide to the House of Representatives the tax returns and other specified financial information of President Donald J. Trump.

That the Secretary of the Treasury is directed to furnish to the House of Representatives, not later than 10 days after the adoption of this resolution, the full tax returns of Donald J. Trump for tax years 2006 through 2015, as well as financial documentation and any information in possession of the Secretary that specify— (1)Mr. Trump’s debts held by foreign governments and foreign companies;
(2)Mr. Trump’s investments in foreign countries and foreign enterprises; and  (3)Mr. Trump’s use of any tax shelters, corporate structures, tax avoidance maneuvers, abatements, or other loopholes to reduce or eliminate tax liability.

March 30, 2017
Reported adversely, referred to the House Calendar, and ordered to be printed