		II
		111th CONGRESS
		2d Session
		S. 4008
		IN THE SENATE OF THE UNITED STATES

			December 3, 2010
			Mr. Casey (for himself
			 and Mr. Brown of Massachusetts)
			 introduced the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To enhance United States diplomatic efforts with respect
		  to Iran by imposing additional economic sanctions against Iran, and for other
		  purposes.

		1.Short
			 title; table of contents
			(a)Short
			 titleThis Act may be cited
			 as the Stop Iran’s Nuclear Weapons
			 Program Act of 2010.
			(b)Table of
			 contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of
				contents.
					Sec. 2. Findings.
					TITLE I—Additional sanctions with respect to Iran
					Sec. 101. Expansion of sanctions under the Iran Sanctions Act
				of 1996.
					Sec. 102. Application of sanctions to subsidiaries.
					Sec. 103. Elimination of certain tax incentives for oil
				companies investing in Iran.
					Sec. 104. Inadmissibility of certain aliens who engage in
				certain activities with respect to Iran.
					TITLE II—Application of sanctions against affiliates of Iran's
				Revolutionary Guard Corps
					Sec. 201. Definitions.
					Sec. 202. Sanctions on affiliates of Iran's Revolutionary Guard
				Corps.
					Sec. 203. Measures against foreign persons or entities
				supporting Iran's Revolutionary Guard Corps and its agents and
				affiliates.
					Sec. 204. Special measures against foreign governments
				supporting Iran's Revolutionary Guard Corps.
					Sec. 205. Sunset.
					TITLE III—Rollover of gain from divesting certain qualified
				securities of business entities engaged in discouraged activities in Iran

					Sec. 301. Rollover of gain from divesting certain qualified
				securities of business entities engaged in discouraged activities in
				Iran.
					TITLE IV—Prohibition on United States Government contracts and
				investment for companies conducting business in Iran
					Sec. 401. Definitions.
					Sec. 402. Expansion of prohibition on United States Government
				contracts for persons that conduct business operations in Iran.
					Sec. 403. Prohibition on provision of Federal grants, loans, or
				other assistance to persons that conduct business operations in
				Iran.
					Sec. 404. Report on expansion of prohibition on United States
				Government contracts for, and prohibition on provision of Federal grants,
				loans, and other assistance to, persons that conduct business operations in
				Iran.
					Sec. 405. Divestiture from Iran by United States Government
				retirement systems.
					Sec. 406. Sunset.

			2.FindingsCongress finds the following:
			(1)On July 1, 2010, President Obama signed
			 into law the Comprehensive Iran Sanctions, Accountability, and Divestment Act
			 of 2010 (Public Law 111–195; 124 Stat. 1312).
			(2)In the wake of
			 this new United States law and United Nations Security Council Resolution 1929
			 (2010) with respect to Iran, the European Union, Japan, South Korea, Australia,
			 and other friends and allies of the United States also imposed significant
			 economic sanctions on Iran.
			(3)The latest report
			 by the Director General of the International Atomic Energy Agency to its Board
			 of Directors, issued on September 6, 2010, notes that Iran has continued its
			 record of insufficient cooperation with the agency, has continued to fail to
			 answer questions posed by the agency regarding potential noncivilian nuclear
			 activities by Iran, and has failed to suspend sensitive nuclear activities, as
			 required by successive United Nations Security Council resolutions.
			(4)While the United
			 States and several like-minded countries have worked individually and in
			 concert to increase the diplomatic and economic isolation of Iran to convince
			 the Government of Iran to abandon sensitive nuclear activities, the United
			 States and like-minded countries must do more in the coming months to achieve
			 that goal.
			IAdditional
			 sanctions with respect to Iran
			101.Expansion of
			 sanctions under the Iran Sanctions Act of 1996
				(a)Sanctions with
			 respect to purchasing petroleum resources or sovereign debt of
			 IranSection 5(a) of the Iran
			 Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is
			 amended—
					(1)in the heading, by
			 inserting at the end before the period the following: , etc; and
					(2)by adding at the
			 end the following new paragraphs:

							(4)Other actions
				relating to petroleum resources of Iran
								(A)In
				generalExcept as provided in
				subsection (f), the President shall impose 3 or more of the sanctions described
				in section 6(a) with respect to a person if the President determines that the
				person knowingly, on or after the date of the enactment of the
				Stop Iran’s Nuclear Weapons Program Act of
				2010—
									(i)enters into a
				long-term agreement to purchase petroleum resources from Iran;
									(ii)enters into an agreement to provide payment
				for future delivery of petroleum resources from Iran; or
									(iii)enters into an agreement with the National
				Iranian Oil Company, any of its affiliates, or any entity owned or controlled
				by the Government of Iran, to provide for the development of petroleum
				resources wherever located.
									(B)Definitions
									(i)Long-term
				agreementFor purposes of subparagraph (A)(i), the term
				long-term agreement means a contract or other agreement that
				provides for delivery of petroleum resources beginning more than 1 year after
				the date of entry into the contract or agreement (as the case may be).
									(ii)Future
				deliveryFor purposes of subparagraph (A)(ii), the term
				future delivery means delivery that occurs more than 180 days
				after payment is effected under the agreement.
									(5)Purchase,
				subscription to, or facilitation of the issuance of sovereign debt of the
				Government of IranExcept as
				provided in subsection (f), the President shall impose 3 or more of the
				sanctions described in section 6(a) with respect to a person if the President
				determines that the person knowingly, on or after the date of the enactment of
				the Stop Iran’s Nuclear Weapons Program Act
				of 2010, purchases, subscribes to, or facilitates the issuance
				of—
								(A)sovereign debt of
				the Government of Iran, including government bonds; or
								(B)debt of any entity owned or controlled by
				the Government of Iran, including
				bonds.
								.
					(b)Sanctions with
			 respect to facilitating extraction or milling of uranium ore in
			 IranSection 5(b)(1) of the
			 Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note) is
			 amended—
					(1)by redesignating subparagraphs (A) and (B)
			 as clauses (i) and (ii), respectively;
					(2)by striking the President determines
			 that a person has, on or after and inserting the following: “the
			 President determines that a person has—

							(A)on or
				after
							;
				and
					(3)in subparagraph
			 (A)(ii), as redesignated, by striking the period and inserting ;
			 or; and
					(4)by adding at the
			 end the following:

							(B)on or after the
				date of the enactment of the Stop Iran’s
				Nuclear Weapons Program Act of 2010, exported, transferred, or
				otherwise provided to Iran any goods, services, technology, or other items
				knowing that the provision of such goods, services, technology, or other items
				would materially contribute to efforts to extract or mill uranium ore within
				the territory or control of
				Iran.
							.
					(c)Effective
			 dateThe amendments made by this section shall—
					(1)take effect on the
			 date of the enactment of this Act; and
					(2)apply with respect
			 to an investment or activity described in section 5 of the Iran Sanctions Act
			 of 1996, as amended by this section, that is commenced on or after such date of
			 enactment.
					102.Application of
			 sanctions to subsidiaries
				(a)In
			 GeneralExcept as provided in
			 subsection (b), in any case in which an entity engages in an act outside the
			 United States that, if committed in the United States or by a United States
			 person, would violate Executive Order 12959 (50 U.S.C. 1701 note) or Executive
			 Order 13059 (50 U.S.C. 1701 note) (or any successor thereto), section 103 of
			 the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
			 (22 U.S.C. 8512), or any other prohibition on transactions with respect to Iran
			 that is imposed under the International Emergency Economic Powers Act (50
			 U.S.C. 1701 et seq.), the parent company of that entity shall be subject to the
			 penalties for the act to the same extent as if the parent company had engaged
			 in the act.
				(b)ExceptionSubsection (a) shall not apply to any act
			 carried out under a contract or other obligation of any entity if—
					(1)the contract or obligation existed on the
			 date of the enactment of this Act, unless such contract or obligation is
			 extended in time in any manner or expanded to cover additional activities
			 beyond the terms of the contract or other obligation as it existed on the date
			 of the enactment of this Act; or
					(2)the parent company acquired that entity not
			 knowing, and not having reason to know, that such contract or other obligation
			 existed, unless such contract or other obligation is extended in time in any
			 manner or expanded to cover additional activities beyond the terms of such
			 contract or other obligation as it existed at the time of such
			 acquisition.
					(c)ConstructionNothing in this section shall be construed
			 as prohibiting the issuance of regulations, orders, directives, or licenses
			 under the Executive orders described in subsection (a) or as being inconsistent
			 with the authorities under the International Emergency Economic Powers
			 Act.
				(d)DefinitionsIn
			 this section:
					(1)EntityThe
			 term entity means a partnership, association, trust, joint
			 venture, corporation, or other organization.
					(2)Parent
			 companyAn entity is a parent company of another
			 entity if it controls, directly or indirectly, that other entity and is a
			 United States person.
					(3)United States
			 personThe term United States person means a United
			 States citizen, an alien lawfully admitted for permanent residence to the
			 United States, an entity organized under the laws of the United States, or a
			 person in the United States.
					103.Elimination of
			 certain tax incentives for oil companies investing in Iran
				(a)In
			 generalSubsection (h) of
			 section 167 of the Internal Revenue Code of 1986 (relating to amortization of
			 geological and geophysical expenditures) is amended by adding at the end the
			 following new paragraph:

						(6)Denial when Iran
				sanctions in effect
							(A)In
				generalIf sanctions are
				imposed under section 5(a) of the Iran Sanctions Act of 1996 (relating to
				sanctions with respect to the development of petroleum resources in Iran and
				the production of refined petroleum products in, and the exportation of refined
				petroleum products to, Iran) on any member of an expanded affiliated group the
				common parent of which is a foreign corporation, paragraph (1) shall not apply
				to any expense paid or incurred by any such member in any period during which
				the sanctions are in effect.
							(B)Expanded
				affiliated groupFor purposes
				of subparagraph (A), the term expanded affiliated group means an
				affiliated group as defined in section 1504(a), determined—
								(i)by substituting
				more than 50 percent for at least 80 percent each
				place it appears, and
								(ii)without regard to
				paragraphs (2), (3), and (4) of section
				1504(b).
								.
				(b)Effective
			 dateThe amendment made by subsection (a) shall apply to expenses
			 paid or incurred on or after January 1, 2010.
				104.Inadmissibility of
			 certain aliens who engage in certain activities with respect to Iran
				(a)In
			 generalSection 212(a)(3) of
			 the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding
			 at the end the following:

						(H)Individuals who
				engage in certain activities with respect to Iran
							(i)In
				generalSubject to clause (iii), any alien described in clause
				(ii) is inadmissible.
							(ii)Aliens
				describedAn alien described in this clause is an alien that the
				Secretary of State determines—
								(I)engages
				in—
									(aa)an
				activity for which sanctions may be imposed pursuant to section 5 of the Iran
				Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note);
									(bb)an
				activity—
										(AA)relating to the
				proliferation by Iran of weapons of mass destruction or the means of delivery
				of such weapons; and
										(BB)for which
				sanctions may be imposed pursuant to Executive Order 13382 (70 Fed. Reg. 38567)
				(or any successor thereto);
										(cc)an
				activity—
										(AA)relating to
				support for international terrorism by the Government of Iran; and
										(BB)for which
				sanctions may be imposed pursuant to Executive Order 13224 (66 Fed. Reg. 49079)
				(or any successor thereto); or
										(dd)any other
				activity with respect to Iran for which sanctions may be imposed pursuant to
				any other provision of law;
									(II)is the chief
				executive officer, president, or other individual in charge of overall
				management of, a member of the board of directors of, or a shareholder with a
				controlling interest in, an entity that engages in an activity described in
				subclause (I); or
								(III)is a spouse or
				minor child of—
									(aa)an
				alien who engages in an activity described in subclause (I); or
									(bb)the chief
				executive officer, president, or other individual in charge of overall
				management of, a member of the board of directors of, or a shareholder with a
				controlling interest in, an entity that engages in an activity described in
				subclause (I).
									(iii)Notice;
				waiver with respect to certain entities
								(I)NoticeThe
				Secretary of State may notify an alien the Secretary determines may be
				inadmissible under this subparagraph—
									(aa)that the alien
				may be inadmissible; and
									(bb)of
				the reason for the inadmissibility of the alien.
									(II)WaiverThe
				President may waive the application of this subparagraph and admit an alien to
				the United States if—
									(aa)the alien is
				described in subclause (II) or (III)(bb) of clause (ii);
									(bb)the entity that
				engaged in the activity that would otherwise result in the inadmissibility of
				the alien under this subparagraph is no longer engaging the activity or has
				taken significant steps toward stopping the activity; and
									(cc)the President
				has received reliable assurances that the entity will not knowingly engage in
				an activity described in clause (ii)(I)
				again.
									.
				(b)RegulationsSection 428 of the Homeland Security Act of
			 2002 (6 U.S.C. 236) is amended by adding at the end the following:

						(j)Regulations
				with respect to inadmissibility of aliens who engage in certain transactions
				with IranNot later than 180 days after the date of the enactment
				of this subsection, the Secretary shall issue regulations and guidelines for
				interpreting and enforcing the prohibition under subparagraph (H) of section
				212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) on the
				admissibility of aliens who engage in certain sanctionable activities with
				respect to Iran.
						.

				IIApplication of
			 sanctions against affiliates of Iran's Revolutionary Guard Corps
			201.DefinitionsIn this title:
				(1)Appropriate
			 congressional committeesThe
			 term appropriate congressional committees means the Committee on
			 Foreign Affairs of the House of Representatives and the Committee on Foreign
			 Relations of the Senate.
				(2)Foreign
			 personThe term foreign person has the meaning given
			 the term in section 14 of the Iran Sanctions Act of 1996.
				(3)Iran's
			 Revolutionary Guard CorpsThe
			 term Iran's Revolutionary Guard Corps includes Iran's
			 Revolutionary Guard Corps-Qods Force.
				202.Sanctions on
			 affiliates of Iran's Revolutionary Guard Corps
				(a)Publication of
			 names of affiliates in federal registerNot later than 90 days after the date of
			 the enactment of this Act, and as appropriate thereafter, the President shall
			 publish in the Federal Register the name of each foreign person or foreign
			 entity for which there is credible information indicating that the person or
			 entity is as an agent, alias, front, instrumentality, official, or affiliate of
			 Iran's Revolutionary Guard Corps or is an individual serving as a
			 representative of Iran's Revolutionary Guard Corps.
				(b)Application of
			 existing sanctions against Iran to affiliatesThe President shall designate each foreign
			 person or foreign entity identified in the Federal Register pursuant to
			 subsection (a) for inclusion in the Annex to Executive Order 13382 (70 Fed.
			 Reg. 38567; relating to blocking property of weapons of mass destruction
			 proliferators and their supporters) and shall apply to each such foreign person
			 or foreign entity all applicable sanctions of the United States pursuant to
			 Executive Order 13382.
				(c)Exclusion from
			 United StatesThe Secretary of State shall deny a visa to, and
			 the Secretary of Homeland Security shall exclude from the United States, any
			 alien who, on or after the date of the enactment of this Act, is a foreign
			 person identified in the Federal Register pursuant to subsection (a).
				(d)Rule of
			 constructionNothing in this
			 section shall be construed to remove any sanction of the United States in force
			 against Iran's Revolutionary Guard Corps as of the date of the enactment of
			 this Act by reason of the fact that Iran's Revolutionary Guard Corps is an
			 entity of the Government of Iran.
				203.Measures
			 against foreign persons or entities supporting Iran's Revolutionary Guard Corps
			 and its agents and affiliates
				(a)Identification
			 and notificationThe President shall notify the appropriate
			 congressional committees in any case in which the President determines that
			 there is credible information indicating that a foreign person or foreign
			 entity, on or after the date of the enactment of this Act, knowingly—
					(1)provides material support to Iran's
			 Revolutionary Guard Corps or any person or entity identified pursuant to
			 section 202(a) as an agent, alias, front, instrumentality, official, or
			 affiliate of Iran's Revolutionary Guard Corps or an individual serving as a
			 representative of Iran's Revolutionary Guard Corps; or
					(2)conducts any commercial transaction or
			 financial transaction with Iran's Revolutionary Guard Corps or any such person
			 or entity.
					(b)FormThe
			 President may submit the notification required under subsection (a) in
			 classified form.
				(c)Sanctions under
			 Executive Order 12938Not later than 60 days after the date on
			 which the President provides notice to the appropriate congressional committees
			 pursuant to subsection (a), the President shall apply to each foreign person or
			 foreign entity identified in the notice, for such time as the President may
			 determine, the measures set forth in section 4 of Executive Order 12938 (59
			 Fed. Reg. 59099; relating to proliferation of weapons of mass destruction) and
			 shall terminate such measures in accordance with the provisions of that
			 section.
				(d)IEEPA
			 sanctionsThe President may exercise the authorities provided
			 under section 203(a) of the International Emergency Economic Powers Act (50
			 U.S.C. 1702(a)) to impose additional sanctions on each foreign person or
			 foreign entity identified pursuant to subsection (a) of this section, for such
			 time as the President may determine, without regard to section 202 of that
			 Act.
				(e)WaiverThe
			 President may waive the application of any measure described in subsection (c)
			 with respect to a foreign person or foreign entity if the President—
					(1)(A)determines that the
			 person or entity has ceased the activity that resulted in the notification
			 under subsection (a) with respect to the person or entity (as the case may be)
			 and has taken measures to prevent its recurrence; or
						(B)determines that it is vital to the
			 national security interests of the United States to do so; and
						(2)submits to the
			 appropriate congressional committees a report that contains the reasons for the
			 determination.
					204.Special
			 measures against foreign governments supporting Iran's Revolutionary Guard
			 Corps
				(a)Executive Order
			 12938 sanctionsWith respect to any foreign entity identified
			 pursuant to section 203(a) that is a foreign government, the President shall,
			 in addition to applying to the entity the measures described in section 203(d),
			 apply to that government the measures set forth in section 5(b) of Executive
			 Order 12938.
				(b)WaiverThe
			 President may waive the application of any measure described in subsection (a)
			 with respect to a foreign government if the President—
					(1)(A)determines that the
			 entity has ceased the activity that resulted in the identification of the
			 government pursuant to section 203(a) and has taken measures to prevent its
			 recurrence; or
						(B)determines that it is vital to the
			 national security interests of the United States to do so; and
						(2)submits to the
			 appropriate congressional committees a report that contains the reasons for the
			 determination.
					205.SunsetThis title shall terminate on the date that
			 is 30 days after the date on which the President makes the certification
			 described in section 401(a) of the Comprehensive Iran Sanctions,
			 Accountability, and Divestment Act of 2010 (22 U.S.C. 8551(a)).
			IIIRollover of gain
			 from divesting certain qualified securities of business entities engaged in
			 discouraged activities in Iran
			301.Rollover of gain
			 from divesting certain qualified securities of business entities engaged in
			 discouraged activities in Iran
				(a)In
			 generalPart III of
			 subchapter O of chapter 1 of the Internal Revenue Code of 1986 (relating to
			 common nontaxable exchanges) is amended by adding at the end the following new
			 section:

						1046.Rollover of
				gain from divesting certain qualified securities of business entities engaged
				in discouraged activities in Iran
							(a)Nonrecognition
				of gain
								(1)In
				generalIn the case of any sale of any qualified security held by
				a taxpayer with respect to which such taxpayer elects the application of this
				section, in any business entity that is engaged in an Iran discouraged
				activity, gain from such sale shall be recognized only to the extent that the
				amount realized on such sale exceeds—
									(A)the cost of any
				qualified replacement property purchased by the taxpayer during the 30-day
				period beginning on the date of such sale, reduced by
									(B)any portion of
				such cost previously taken into account under this section.
									(2)Exception for
				ordinary income gainThis section shall not apply to any gain
				which is treated as ordinary income for purposes of this title.
								(3)Exception where
				taxpayer owns controlling interest in the business entity
									(A)In
				generalParagraph (1) shall not apply to any sale if, immediately
				before such sale, the taxpayer owns a controlling interest in the business
				entity that is engaged in an Iran discouraged activity.
									(B)Controlling
				interestFor purposes of subparagraph (A), the term
				controlling interest means direct or indirect ownership of at
				least 50 percent of the total voting power and value of all classes of stock of
				a corporation. For purposes of the preceding sentence, the rules of paragraphs
				(1) and (5) of section 267(c) shall apply.
									(C)Aggregation
				ruleFor purposes of this paragraph, all members of the same
				controlled group of corporations (within the meaning of section 267(f)) and all
				persons under common control (within the meaning of section 52(b) but
				determined by treating an interest of more than 50 percent as a controlling
				interest) shall be treated as 1 person.
									(b)Identification
				of business entities engaging in Iran discouraged activities
								(1)Publication of
				listFor purposes of this section, the Secretary shall publish
				and update at least every six months a list of business entities engaging in
				any Iran discouraged activities.
								(2)RegulationsThe
				Secretary shall issue regulations defining how a business entity shall not be
				deemed to be engaged in an Iran discouraged activity, if—
									(A)with regard to
				activities on the date this section becomes effective, the business entity
				limits its activity to continuing existing contracts, without extension or
				expansion (except that an investment (as defined in section 14 of the Iran
				Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note)) that would
				subject a business entity to sanctions under section 5 of the Iran Sanctions
				Act of 1996 shall be considered an Iran discouraged activity, notwithstanding
				contracts entered into prior to the effective date of this section), and
									(B)with regard to any
				Iran discouraged activity carried on under contracts entered into or expanded
				after the effective date of this section, the contract was entered into at a
				time when the business entity did not own or control the subsidiary business
				entity, and after acquiring such ownership or control the business entity has
				not extended or expanded or renewed such contract.
									(3)Taxpayer
				self-helpUntil such time as
				the Secretary publishes a list of those engaging in Iran discouraged activities
				or if the Secretary fails to update that list as required in paragraph (1), the
				taxpayer may determine, using credible, publicly available information, which
				business entities engage in an Iran discouraged activity.
								(c)Definitions
				relating to discouraged activities
								(1)Foreign
				terrorist organizationThe term foreign terrorist
				organization means an organization designated under section 219 of the
				Immigration and Nationality Act (8 U.S.C. 1189) as a foreign terrorist
				organization.
								(2)Iran discouraged
				activityThe term Iran
				discouraged activity means—
									(A)engaging in an
				investment activity described in section 202(c) of the Comprehensive Iran
				Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
				8532(c));
									(B)engaging in an
				activity described in section 5(a) of the Iran Sanctions Act of 1996 (Public
				Law 104–172; 50 U.S.C. 1701 note); or
									(C)conducting
				business with or making any charitable donation to any Iranian person
				designated as a terrorist or to any foreign terrorist organization.
									(3)TerroristThe
				term terrorist means a person designated or otherwise individually
				identified in or pursuant to an executive order that is related to terrorism
				and issued under the authority of the International Emergency Economic Powers
				Act (50 U.S.C. 1701 et seq.) or section 5 of the United Nations Participation
				Act of 1945 (22 U.S.C. 287c) for the purpose of imposing on such organization
				an economic or other sanction.
								(d)Definitions and
				special rules relating to securities and replacement propertyIn this section:
								(1)Qualified
				security
									(A)In
				generalThe term qualified security means any
				security held by a taxpayer in any business entity that is engaged in an Iran
				discouraged activity.
									(B)ExceptionSuch
				term shall not include any security purchased or otherwise acquired after the
				date of the enactment of this section which, at the time of such purchase or
				acquisition, was issued by a business entity then engaged in an Iran
				discouraged activity.
									(C)Security
				definedThe term
				security has the meaning given such term by section
				165(g)(2).
									(2)Qualified
				replacement property
									(A)In
				generalThe term qualified replacement property
				means any security of a business entity that, on the date of purchase by the
				taxpayer—
										(i)is not engaged in an Iran discouraged
				activity on such date,
										(ii)is not a member of an expanded affiliated
				group, any member of which is engaged in an Iran discouraged activity on such
				date, and
										(iii)meets the
				requirements of subparagraph (B).
										(B)Replacement
				propertyProperty meets the requirements of this paragraph if,
				with respect to the sale of any security—
										(i)except as provided in clause (ii), in the
				case that the security is a share of stock in a corporation, the replacement
				property is a share of stock in a corporation,
										(ii)in the case that the security is a share of
				stock of a regulated investment company, real estate investment trust, hedge
				fund, investment partnership, or similar business entity, the replacement
				property is a share of stock in a regulated investment company, real estate
				investment trust, hedge fund, investment partnership, or similar business
				entity,
										(iii)in the case that the security is a right to
				subscribe for, or to receive, a share of stock in a corporation, the
				replacement property is a right to subscribe for, or to receive, a share of
				stock in a corporation, and
										(iv)in the case that the security is a bond,
				debenture, note, or certificate, or other evidence of indebtedness issued by a
				corporation, with interest coupons or in registered form, the replacement
				property is a bond, debenture, note, or certificate, or other evidence of
				indebtedness issued by a corporation, with interest coupons or in registered
				form.
										(C)Deemed
				investment if investing in entities engaged in discouraged
				activitiesAny regulated
				investment company, real estate investment trust, hedge fund, investment
				partnership, or similar business entity, which invests in the
				securities—
										(i)issued by a
				business entity determined to be engaging in Iran discouraged activities,
				or
										(ii)issued by the
				Government of Iran or any agency thereof,
										shall be deemed to be a business
				entity engaging in Iran discouraged activities.(D)Business
				declaration of policy
										(i)In
				generalNotwithstanding any other provision of this section, in
				the case of a business entity described in clause (iii), a security in such
				business entity shall not be treated as qualified replacement property unless
				the business entity has made the following declaration: It is our policy
				not to make investments in business entities which engage in Iran discouraged
				activities as defined in section 1046 of the Internal Revenue Code of 1986, and
				to use due diligence to avoid making such investments. It is our policy to
				divest on or before December 31, 2010, from business entities engaged in Iran
				discouraged activities..
										(ii)Not qualified
				securityIf a business entity
				described in clause (iii) has made the declaration specified in clause (i),
				then from the time of such declaration an interest in such business entity
				shall not be treated as a qualified security.
										(iii)Business
				entity describedA business
				entity described in this clause is a regulated investment company, real estate
				investment trust, hedge fund, investment partnership, or similar business
				entity.
										(E)Expanded
				affiliated groupThe term
				expanded affiliated group means an affiliated group as defined in
				section 1504(a), determined—
										(i)by substituting
				more than 50 percent for at least 80 percent each
				place it appears, and
										(ii)without regard to
				paragraphs (2) and (4) of section 1504(b).
										(F)Basis
				adjustmentsIf gain from any
				sale is not recognized by reason of subsection (a), such gain shall be applied
				to reduce (in the order acquired) the basis for determining gain or loss of any
				qualified replacement property which is purchased by the taxpayer during the
				30-day period described in subsection (a).
									(G)Holding
				periodFor purposes of
				determining the period for which the taxpayer has held qualified replacement
				property the acquisition of which resulted in the nonrecognition under
				subsection (a) of any part of the gain realized on the sale of a qualified
				security, there shall be included the period for which such qualified security
				had been held by the taxpayer.
									(3)Special rule for
				securities of certain entities
									(A)In
				generalFor any business entity described in subparagraph (C), a
				security in such business entity shall be treated as qualified replacement
				property if the business entity has made the following declaration: It
				is our policy not to make investments in any person having an investment in, or
				carrying on a trade or business (within the meaning of section 162) in or with,
				Iran. This policy may or may not include investments concerning the provision
				of food, medicine, humanitarian services in or to Iran..
									(B)Not qualified
				securityIf a business entity described in subparagraph (C) has
				made the declaration specified in subparagraph (A), then from the time of such
				declaration an interest in such business entity shall not be treated as a
				qualified security.
									(C)Business entity
				describedA business entity described in this subparagraph is a
				regulated investment company, real estate investment trust, hedge fund,
				investment partnership, or similar business entity.
									(D)Certain business
				entities as replacement propertyA business entity described in subparagraph
				(C) making the declaration described in subparagraph (A) may qualify as
				replacement property if it has adopted restrictions on investment in persons
				that invest in or carrying on a trade or business (within the meaning of
				section 162) in or with countries other than Iran that have been determined by
				the Secretary of State to have repeatedly provided support for acts of
				international terrorism pursuant to—
										(i)section
				6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App.
				2405(j)(1)(A)) (as in effect pursuant to the International Emergency Economic
				Powers Act (50 U.S.C. 1701 et seq.)) (or any successor thereto);
										(ii)section 40(d) of
				the Arms Export Control Act (22 U.S.C. 2780(d)); or
										(iii)section 620A(a)
				of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)).
										(4)Business
				entityThe term
				business entity means any corporation, limited liability
				partnership, limited liability company, or any other business entity conducting
				business activities in which the taxpayer has purchased or can purchase
				securities.
								(e)TerminationSubsection (a) shall not apply with respect
				to any Iran discouraged activity on or after the date on which the President
				makes the certification described in section 401(a) of the Comprehensive Iran
				Sanctions, Accountability, and Divestment Act of 2010 (22 U.S.C.
				8551(a)).
							.
				(b)Clerical
			 amendmentThe table of sections for part III of subchapter O of
			 chapter 1 of such Code is amended by adding at the end the following new
			 item:

							Sec. 1046. Rollover of gain from divesting certain qualified
				securities of business entities engaged in discouraged activities in
				Iran.

						.
				(c)Effective
			 dateThe amendments made by this section shall apply with respect
			 to sales of securities after the date of the enactment of this Act.
				IVProhibition on
			 United States Government contracts and investment for companies conducting
			 business in Iran
			401.DefinitionsIn this title:
				(1)Appropriate
			 congressional committeesThe term appropriate congressional
			 committees means—
					(A)the Committee on
			 Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and
			 the Select Committee on Intelligence of the Senate; and
					(B)the Committee on
			 Financial Services, the Committee on Foreign Affairs, and the Permanent Select
			 Committee on Intelligence of the House of Representatives.
					(2)Executive
			 agencyThe term executive agency has the meaning
			 given the term in section 4 of the Office of Federal Procurement Policy Act (41
			 U.S.C. 403).
				(3)Federal
			 fundsThe term Federal funds means a sum of money or
			 other resources derived from United States taxpayers, which the United States
			 Government may provide to persons through government grants or loans, or
			 through the terms of a contract with the Federal Government, or through the
			 Troubled Asset Relief Program established under title I of division A of the
			 Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), or other
			 similar and related transaction vehicles, including a grant, loan, or loan
			 guarantee, the provision of insurance or reinsurance, or the provision of
			 technical assistance.
				402.Expansion of
			 prohibition on United States Government contracts for persons that conduct
			 business operations in Iran
				(a)In
			 generalSection 6(b) of the Iran Sanctions Act of 1996 (Public
			 Law 104–172; 50 U.S.C. 1701 note) is amended—
					(1)in paragraph (1),
			 by striking does not engage in any activity for which sanctions may be
			 imposed under section 5. and inserting the following: “does not—

							(A)engage in any
				activity for which sanctions may be imposed under section 5;
							(B)export sensitive
				technology (as defined in paragraph (6)) to Iran; or
							(C)engage in any
				activity described in section 203(a) of the Stop Iran’s Nuclear Weapons Program Act of
				2010.
							;

					(2)in paragraph
			 (5)—
						(A)by striking
			 The President may and inserting the following:

								(A)In
				generalThe President may
								;
				and
						(B)by adding at the
			 end the following:

								(B)Reporting
				requirementNot later than 120 days after the date of the
				enactment of the Stop Iran’s Nuclear Weapons
				Program Act of 2010, and every 180 days thereafter, the
				Administrator for Federal Procurement Policy shall submit to the appropriate
				congressional committees a report on waivers granted under subparagraph
				(A).
								;
				and
						(3)by striking
			 paragraph (6) and inserting the following:

							(6)DefinitionsIn
				this subsection:
								(A)Executive
				agencyThe term executive agency has the meaning
				given that term in section 4 of the Office of Federal Procurement Policy Act
				(41 U.S.C. 403).
								(B)Sensitive
				technology
									(i)In
				generalThe term sensitive technology means
				hardware, software, telecommunications equipment, or any other technology, that
				the President determines is to be used specifically—
										(I)to restrict the
				free flow of unbiased information in Iran; or
										(II)to disrupt,
				monitor, or otherwise restrict speech of the people of Iran.
										(ii)ExceptionThe
				term sensitive technology does not include information or
				informational materials the exportation of which the President does not have
				the authority to regulate or prohibit pursuant to section 203(b)(3) of the
				International Emergency Economic Powers Act (50 U.S.C.
				1702(b)(3)).
									.
					(b)Implementation through the Federal
			 Acquisition RegulationNot
			 later than 120 days after the date of the enactment of this Act, the Federal
			 Acquisition Regulation issued pursuant to section 25 of the Office of Federal
			 Procurement Policy Act (41 U.S.C. 421) shall be revised to provide for the
			 implementation of the amendments made by subsection (a).
				(c)Conforming
			 amendments
					(1)Section 106 of
			 the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010
			 (22 U.S.C. 8515) is amended to read as follows:

							106.Government Accountability Office report on
				effect of prohibition on government procurement from persons that export
				sensitive technology to IranNot later than 1 year after the date of the
				enactment of this Act, the Comptroller General of the United States shall
				submit to the appropriate congressional committees, the Committee on Armed
				Services of the Senate, and the Committee on Armed Services of the House of
				Representatives, a report assessing the extent to which executive agencies
				would have entered into or renewed contracts for the procurement of goods or
				services with persons that export sensitive technology to Iran if the
				prohibition under section 6(b)(1)(B) of the Iran Sanctions Act of 1996 (Public
				Law 104–172; 50 U.S.C. 1701 note) were not in
				effect.
							.
					(2)The table of
			 contents for the Comprehensive Iran Sanctions, Accountability, and Divestment
			 Act of 2010 is amended by striking the item relating to section 106 and
			 inserting the following:

								Sec. 106. Government
				Accountability Office report on effect of prohibition on government procurement
				from persons that export sensitive technology to
				Iran.

							.
					403.Prohibition on
			 provision of Federal grants, loans, or other assistance to persons that conduct
			 business operations in Iran
				(a)In
			 generalNotwithstanding any other provision of law, the head of
			 each executive agency shall require any person seeking Federal funds in the
			 form of a grant, loan, or loan guarantee, insurance or reinsurance, or
			 technical assistance from the agency to certify that the person does
			 not—
					(1)engage in any
			 activity for which sanctions may be imposed under section 5 of the Iran
			 Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note);
					(2)export sensitive
			 technology (as defined in section 6(b)(6) of the Iran Sanctions Act of 1996) to
			 Iran; or
					(3)engage in any
			 activity described in section 203(a) of this Act.
					(b)WaiverThe
			 President may waive the requirement under subsection (a) on a case-by-case
			 basis if the President determines and certifies in writing to the appropriate
			 congressional committees that it is in the national interest of the United
			 States to do so.
				404.Report on
			 expansion of prohibition on United States Government contracts for, and
			 prohibition on provision of Federal grants, loans, and other assistance to,
			 persons that conduct business operations in IranNot later than one year after the date on
			 which the Federal Acquisition Regulation is revised pursuant to section 402(b)
			 to provide for the implementation of the amendments made by section 402(a), the
			 Administrator of General Services, in consultation with the heads of other
			 executive agencies, shall submit to the Office of Management and Budget and the
			 appropriate congressional committees a report on the actions taken pursuant to
			 such amendments and section 403.
			405.Divestiture from
			 Iran by United States Government retirement systems
				(a)Divestiture from
			 IranThe managers of each
			 Government retirement system (including any thrift savings plan) shall take, to
			 the extent consistent with the legal and fiduciary duties otherwise imposed on
			 them, immediate steps to divest all investments in any entity with respect to
			 which sanctions are imposed for activities described in section 5(a) of the
			 Iran Sanctions Act of 1996 (Public Law 104–172; 50 U.S.C. 1701 note), section
			 6(b)(1)(B) of the Iran Sanctions Act of 1996, as amended by section 402 of this
			 Act, or section 203(a) of this Act.
				(b)Prohibition on
			 future investmentThe
			 managers of each Government retirement system (including any thrift savings
			 plan) shall ensure that there is no future investment in any entity described
			 in subsection (a) for the duration of the period of time during which the
			 entity is sanctioned under the applicable provision of law described in
			 subsection (a).
				(c)Government
			 retirement system definedIn this section, the term
			 Government retirement system means a retirement system established
			 by law for employees of the Government of the United States.
				406.SunsetThe provisions of this title (other than the
			 amendments made by section 402) shall terminate on the date that is 30 days
			 after the date on which the President makes the certification described in
			 section 401(a) of the Comprehensive Iran Sanctions, Accountability, and
			 Divestment Act of 2010 (22 U.S.C. 8551(a)).


109 HR 4329 IH: Davis-Bacon Enforcement Act of 2005
U.S. House of Representatives
2005-11-15
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 4329
IN THE HOUSE OF REPRESENTATIVES

November 15, 2005
Mr. Andrews introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Government Reform, 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 Davis-Bacon Act to provide that a contractor under that Act who has repeated violations of the Act shall have its contract with the United States canceled and to require the disclosure under freedom of information provisions of Federal law of certain payroll information under contracts subject to the Davis-Bacon Act.

1.Short titleThis Act may be cited as the Davis-Bacon Enforcement Act of 2005.
2.Repeated violationsSection 3144 of title 40, United States Code, is amended by adding at the end the following:

(c)If the Secretary determines that a contractor under a contract with the United States has engaged in a pattern of violations of this Act, the Secretary shall cancel such contract and establish that such contractor is ineligible to receive a contract with the United States for a 10-year period designated by the Secretary, unless the contractor is able to show the Secretary that such violations were not intentional but were the result of simple and unsystematic errors..
3.Disclosure of information
(a)General RuleSection 552(a) of title 5, United States Code, is amended by adding at the end the following:

(7)The names and addresses of employees in payroll records established under a contract which is subject to subchapter IV of subtitle II of title 40, United States Code, shall be made available, notwithstanding subsection (b)(6), for inspection in connection with an audit to determine compliance with such Act..
(b)ConstructionSection 552(a) of title 5, United States Code, shall not be construed to prevent or prohibit the disclosure required by section 552(a)(7) of title 5, United States Code, as added by the amendment made by subsection (a).


115 HJ 31 IH: Proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections.
U.S. House of Representatives
2017-01-24
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.

IA115th CONGRESS1st SessionH. J. RES. 31IN THE HOUSE OF REPRESENTATIVESJanuary 24, 2017Mr. Deutch (for himself, Mrs. Beatty, Mr. Blumenauer, Mr. Brendan F. Boyle of Pennsylvania, Mrs. Bustos, Mr. Cartwright, Ms. Castor of Florida, Mr. Cicilline, Ms. Clark of Massachusetts, Mr. Connolly, Mr. Conyers, Mr. Crowley, Mr. Cummings, Mr. DeFazio, Ms. DeLauro, Mr. Doggett, Mr. Michael F. Doyle of Pennsylvania, Mr. Engel, Ms. Eshoo, Mr. Espaillat, Ms. Esty, Mr. Foster, Ms. Frankel of Florida, Mr. Garamendi, Mr. Gene Green of Texas, Mr. Grijalva, Mr. Hastings, Mr. Himes, Ms. Kaptur, Mr. Keating, Mr. Kihuen, Ms. Kuster of New Hampshire, Mr. Langevin, Mr. Larsen of Washington, Mr. Loebsack, Ms. Lofgren, Mrs. Lowey, Ms. Michelle Lujan Grisham of New Mexico, Mr. Lynch, Mr. Sean Patrick Maloney of New York, Ms. McCollum, Mr. McGovern, Mr. Meeks, Mr. Moulton, Mr. Nadler, Mr. Nolan, Ms. Norton, Mr. O'Rourke, Mr. Pascrell, Ms. Pelosi, Ms. Pingree, Mr. Quigley, Mr. Raskin, Miss Rice of New York, Ms. Roybal-Allard, Mr. Sarbanes, Mr. Schrader, Mr. Serrano, Ms. Shea-Porter, Mr. Sires, Ms. Slaughter, Mr. Smith of Washington, Ms. Speier, Mr. Suozzi, Mr. Swalwell of California, Ms. Titus, Mr. Tonko, Ms. Tsongas, Ms. Wasserman Schultz, Mr. Welch, Ms. Wilson of Florida, Ms. Schakowsky, Ms. Velázquez, Mr. Schiff, Mr. Perlmutter, Mr. Walz, Mr. Kennedy, Mr. Schneider, Mr. Soto, and Mr. Huffman) submitted the following joint resolution; which was referred to the Committee on the JudiciaryJOINT RESOLUTIONProposing an amendment to the Constitution of the United States relating to contributions and
			 expenditures intended to affect elections.

 That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years after the date of its submission for ratification:

				 —
 1.To advance democratic self-government and political equality, and to protect the integrity of government and the electoral process, Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections.
 2.Congress and the States shall have power to implement and enforce this article by appropriate legislation, and may distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections.
 3.Nothing in this article shall be construed to grant Congress or the States the power to abridge the freedom of the press.
					.


115 S2738 IS: To amend title 49, United States Code, to require air carrier passengers with service animals to adhere to a standard of service animal behavior training.
U.S. Senate
2018-04-24
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS2d SessionS. 2738IN THE SENATE OF THE UNITED STATESApril 24, 2018Mr. Burr introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo amend title 49, United States Code, to require air carrier passengers with service animals to
			 adhere to a standard of service animal behavior training.

 1.Standard of service animal behavior training for air carrier passengersSection 41705 of title 49, United States Code, is amended by adding at the end the following:  (d)Service animals (1)DefinitionsFor purposes of this subsection and any regulations or guidance carrying out this subsection—
 (A)the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102), including the meaning under that section as amended by the ADA Amendments of 2008 (Public Law 110–325; 122 Stat. 3553); and
 (B)the term service animal has the meaning given that term under sections 36.104 and 36.302 of title 28, Code of Federal Regulations.
 (2)False statementsAn individual who knowingly and willfully makes a false statement for the purpose of seeking accommodation involving an animal from an air carrier, including (subject to section 40105(b)) any foreign air carrier, providing air transportation that the animal is a service animal trained to do work or perform tasks for the benefit of an individual with a disability or that the animal's training meets the standard of service animal behavior training established under paragraph (3), may be punished in accordance with section 1001 of title 18, United States Code.
 (3)Standard of service animal behavior trainingThe Secretary of Transportation, in consultation with the Attorney General, the Secretary of Veterans Affairs, and representatives of air carriers, including foreign air carriers, and private industry, shall establish a standard of service animal behavior training that an individual with a disability shall adhere to in seeking accommodation involving a service animal from an air carrier, including (subject to section 40105(b)) any foreign air carrier, providing air transportation..


		I
		111th CONGRESS
		1st Session
		H. R. 3095
		IN THE HOUSE OF REPRESENTATIVES

			June 26, 2009
			Mr. Griffith
			 introduced the following bill; which was referred to the
			 Committee on Energy and
			 Commerce, and in addition to the Committee on
			 Ways and Means, for a
			 period to be subsequently determined by the Speaker, in each case for
			 consideration of such provisions as fall within the jurisdiction of the
			 committee concerned

		A BILL
		To improve the information in databases for individuals
		  with cancer in the United States and to amend the Social Security Act to
		  provide increased coverage for uninsured individuals upon first diagnosis of
		  cancer.

		1.Short title;
			 findings
			(a)Short
			 titleThis Act may be cited
			 as the Medicare Cancer Patient Database and Coverage Act of
			 2009.
			(b)FindingsCongress
			 finds the following:
				(1)Each year, more
			 than 1.4 million Americans receive a cancer diagnosis, and more than 11 million
			 Americans are currently living with cancer.
				(2)Newly diagnosed
			 cancer patients need access to quality health care from the time of diagnosis
			 to ensure the best possible outcome, and those entering the period of
			 survivorship require active monitoring and follow-up care related to effects of
			 cancer treatment and possible second cancers.
				(3)More than 47
			 million Americans have no health insurance, and this number includes many who
			 will be diagnosed with cancer this year.
				(4)Among the
			 non-elderly who receive a cancer diagnosis, more than 10 percent are uninsured,
			 and among minority populations the percentage of uninsured cancer patients is
			 higher.
				(5)Those with no
			 insurance receive less cancer care and receive it later: they have lower rates
			 of cancer screening, experience delays in follow-up after abnormal test
			 results, and are diagnosed at a more advanced stage of disease.
				(6)Uninsured cancer patients receive less care
			 than the insured, and they may face substantial medical expenses leading to
			 bankruptcy.
				(7)Young adults have worse cancer outcomes
			 than young children or older adults; experts believe part of the discrepancy in
			 cancer outcomes can be attributed to the fact this population is less likely to
			 be insured than others.
				(8)The Medicare
			 program is a source of medical insurance for more than half of all cancer
			 patients.
				(9)The Medicare
			 program eliminates financial barriers to care for its beneficiaries and
			 provides quality care to cancer patients.
				(10)Access to care,
			 better cancer outcomes, and protection from devastating out-of-pocket medical
			 expenses could be assured to cancer patients by providing all diagnosed with
			 cancer the opportunity to enroll in Medicare.
				2.Improving cancer
			 database
			(a)In
			 generalThe Secretary of
			 Health and Human Services shall collect such additional data as may be
			 necessary to update existing databases that contain data regarding individuals
			 with cancer in the United States in order to provide for accurate information
			 of the number of such individuals, the types and stages of cancer, and the
			 efficacy of different treatments for the types and stages of cancer.
			(b)DataThe
			 database under subsection (a) shall include information to monitor an
			 individual’s full experience with cancer based upon the stage of the cancer,
			 from the initial diagnosis to early and continued treatment until elimination
			 of evidence of cancer or death.
			(c)Increased
			 fundingThere are authorized to be appropriated to the National
			 Cancer Institute and the National Institutes of Health such additional funding
			 as may be necessary to apply the information in the database for improved
			 research and treatment of cancer, including providing physicians with timely
			 information on outcomes to improve the treatment of cancer and to promote
			 increased quality care.
			3.Medicare coverage
			 for uninsured cancer patients
			(a)In
			 generalTitle II of the
			 Social Security Act is amended by inserting after section 226A the following
			 new section:

					226B.Special provisions relating to coverage under the Medicare
		  program for cancer for uninsured, initial cancer patients(a)In
				generalIn accordance with
				the succeeding provisions of this section, every individual shall be entitled
				to benefits under part A, and eligible to enroll under parts B, C and D, of
				title XVIII, subject to the deductible, premium and coinsurance provisions of
				such title if the individual—
							(1)is medically determined to have an
				initial cancer;
							(2)is lawfully residing in the United
				States;
							(3)has not attained the age of 65 but
				would otherwise be entitled under section 226(a) to hospital benefits under
				part A of title XVIII;
							(4)is not covered by creditable coverage
				(as defined in subsection (e)); and
							(5)has filed an application for benefits
				under this section.
							(b)Initiation and
				duration of benefitsThe period of entitlement and eligibility
				described in subsection (a)—
							(1)shall begin on the first day of the first
				month following the date of the medical determination of cancer referred to in
				subsection (a)(1) (but no earlier than the month preceding the month of the
				filing of an application for benefits under this section); and
							(2)shall end on the date the individual
				becomes otherwise entitled to benefits under part A of title XVIII under
				section 226 or, if earlier, is covered under creditable coverage.
							(c)Procedures
							(1)The Secretary shall ensure that processes
				are established to prevent unnecessary delays in enrolling individuals with
				cancer under this section. Individuals shall be enrolled on a timely basis upon
				the filing of an application described in subsection (a)(4) that includes
				evidence of an initial cancer diagnosis and an attestation that the individual
				satisfies the requirements of paragraphs (2) and (3) of subsection (a).
							(2)The Secretary shall
				develop educational practices to help ensure that individuals enrolling under
				this section satisfy the criteria established under subsection (a) and shall
				implement post-enrollment procedures for identifying individuals who do not
				satisfy such criteria.
							(3)The Secretary
				shall implement procedures to ensure that the benefits available under this
				section are not used as a substitute for health benefits that employers or
				individuals could otherwise provide, obtain, or maintain, and the Secretary
				shall report to Congress by the end of each fiscal year on the effectiveness of
				such procedures.
							(d)Cancers
				excludedIn this section, the term cancer does not
				include basal cell carcinoma or squamous cell carcinoma of the skin.
						(e)Creditable
				coverage definedIn this
				section, the term creditable coverage has the meaning given such
				term in section 2701(c) of the Public Health Service
				Act.
						.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to benefits
			 for months beginning 6 months after the date of the enactment of this
			 Act.
			4.Encouragement of
			 early detection of cancerThe
			 Secretary of Health and Human Services shall, through existing programs and
			 other appropriate means, provide for such an educational and outreach campaign
			 as will encourage individuals to be tested for cancer at the earliest time for
			 which such testing may be useful in detecting the presence of cancer, based
			 upon cancer screening recommendations of the United States Preventive Services
			 Task Force.


		II
		111th CONGRESS
		1st Session
		S. 462
		IN THE SENATE OF THE UNITED STATES

			February 24, 2009
			Mrs. Boxer (for herself
			 and Mr. Vitter) introduced the following
			 bill; which was read twice and referred to the
			 Committee on Environment and Public
			 Works

		A BILL
		To amend the Lacey Act Amendments of 1981 to prohibit the
		  importation, exportation, transportation, and sale, receipt, acquisition, or
		  purchase in interstate or foreign commerce, of any live animal of any
		  prohibited wildlife species, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Captive Primate Safety
			 Act.
		2.Addition of nonhuman primates to definition
			 of prohibited wildlife speciesSection 2(g) of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3371(g)) is amended by inserting before the period at the end
			 or any nonhuman primate.
		3.Captive wildlife amendments
			(a)Prohibited actsSection 3 of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3372) is amended—
				(1)in subsection (a)—
					(A)in paragraph (2)—
						(i)in subparagraph (A), by inserting
			 or after the semicolon;
						(ii)in subparagraph (B)(iii), by striking
			 ; or and inserting a semicolon; and
						(iii)by striking subparagraph (C); and
						(B)in paragraph (4), by inserting or
			 subsection (e) before the period; and
					(2)in subsection (e)—
					(A)by redesignating paragraphs (2), (3), (4),
			 and (5) as paragraphs (3), (4), (5), and (6) respectively;
					(B)by striking (e) and all that
			 follows through Subsection (a)(2)(C) does not apply in paragraph
			 (1) and inserting the following:

							(e)Captive Wildlife Offense
								(1)In generalIt is unlawful for any person to import,
				export, transport, sell, receive, acquire, or purchase in interstate or foreign
				commerce any live animal of any prohibited wildlife species.
								(2)Limitation on applicationThis subsection—
									(A)does not apply to a person transporting a
				nonhuman primate to or from a veterinarian who is licensed to practice
				veterinary medicine within the United States, solely for the purpose of
				providing veterinary care to the nonhuman primate, if—
										(i)the person transporting the nonhuman
				primate carries written documentation issued by the veterinarian, including the
				appointment date and location;
										(ii)the nonhuman primate is transported in a
				secure enclosure appropriate for that species of primate;
										(iii)the nonhuman primate has no contact with
				any other animals or members of the public, other than the veterinarian and
				other authorized medical personnel providing veterinary care; and
										(iv)such transportation and provision of
				veterinary care is in accordance with all otherwise applicable State and local
				laws, regulations, permits, and health certificates;
										(B)does not apply to a person transporting a
				nonhuman primate to a legally designated caregiver for the nonhuman primate as
				a result of the death of the preceding owner of the nonhuman primate,
				if—
										(i)the person transporting the nonhuman
				primate is carrying legal documentation to support the need for transporting
				the nonhuman primate to the legally designated caregiver;
										(ii)the nonhuman primate is transported in a
				secure enclosure appropriate for the species;
										(iii)the nonhuman primate has no contact with
				any other animals or members of the public while being transported to the
				legally designated caregiver; and
										(iv)all applicable State and local restrictions
				on such transport, and all applicable State and local requirements for permits
				or health certificates, are complied with;
										(C)does not apply to a person transporting a
				nonhuman primate solely for the purpose of assisting an individual who is
				permanently disabled with a severe mobility impairment, if—
										(i)the nonhuman primate is a single animal of
				the genus Cebus;
										(ii)the nonhuman primate was obtained from, and
				trained at, a licensed nonprofit organization described in section 501(c)(3) of
				the Internal Revenue Code of 1986 the nonprofit tax status of which was
				obtained—
											(I)before July 18, 2008; and
											(II)on the basis that the mission of the
				organization is to improve the quality of life of severely mobility-impaired
				individuals;
											(iii)the person transporting the nonhuman
				primate is a specially trained employee or agent of a nonprofit organization
				described in clause (ii) that is transporting the nonhuman primate to or from a
				designated individual who is permanently disabled with a severe mobility
				impairment, or to or from a licensed foster care home providing specialty
				training of the nonhuman primate solely for purposes of assisting an individual
				who is permanently disabled with severe mobility impairment;
										(iv)the person transporting the nonhuman
				primate carries documentation from the applicable nonprofit organization that
				includes the name of the designated individual referred to in clause
				(iii);
										(v)the nonhuman primate is transported in a
				secure enclosure that is appropriate for that species;
										(vi)the nonhuman primate has no contact with
				any animal or member of the public, other than the designated individual
				referred to in clause (iii); and
										(vii)the transportation of the nonhuman primate
				is in compliance with—
											(I)all applicable State and local restrictions
				regarding the transport; and
											(II)all applicable State and local requirements
				regarding permits or health certificates; and
											(D)does not
				apply
									;
					(C)in paragraph (2) (as redesignated by
			 subparagraph (A))—
						(i)by striking a before
			 prohibited and inserting any;
						(ii)by striking (3) and
			 inserting (4); and
						(iii)by striking (2) and
			 inserting (3);
						(D)in paragraph (3) (as redesignated by
			 subparagraph (A))—
						(i)in subparagraph (C)—
							(I)in clauses (ii) and (iii), by striking
			 animals listed in section 2(g) each place it appears and
			 inserting prohibited wildlife species; and
							(II)in clause (iv), by striking
			 animals and inserting prohibited wildlife
			 species; and
							(ii)in subparagraph (D), by striking
			 animal each place it appears and inserting prohibited
			 wildlife species;
						(E)in paragraph (4) (as redesignated by
			 subparagraph (A)), by striking (2) and inserting
			 (3); and
					(F)in paragraph (6) (as redesignated by
			 subparagraph (A))—
						(i)by striking subsection
			 (a)(2)(C) and inserting this subsection; and
						(ii)by striking 2004 through
			 2008 and inserting 2010 through 2014.
						(b)Civil PenaltiesSection 4(a) of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3373(a)) is amended—
				(1)in paragraph (1), by inserting
			 (e), after subsections (b), (d), ; and
				(2)in paragraph (1), by inserting ,
			 (e), after subsection (d).
				(c)Criminal PenaltiesSection 4(d) of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3373(d)) is amended—
				(1)in paragraphs (1)(A) and (1)(B) and in the
			 first sentence of paragraph (2), by inserting (e), after
			 subsections (b), (d), each place it appears; and
				(2)in paragraph (3), by inserting ,
			 (e), after subsection (d) .
				(d)Effective date;
			 regulations
				(1)Effective
			 dateSubsections (a) through (c), and the amendments made by
			 those subsections, shall take effect on the earlier of—
					(A)the date of
			 promulgation of regulations under paragraph (2); and
					(B)the expiration of
			 the period referred to in paragraph (2).
					(2)RegulationsNot
			 later than 180 days after the date of enactment of this Act, the Secretary of
			 the Interior shall promulgate regulations implementing the amendments made by
			 this section.
				4.Applicability provision
			 amendmentSection 3 of the
			 Captive Wildlife Safety Act (117 Stat. 2871; Public Law 108–191) is
			 amended—
			(1)in subsection (a), by striking (a)
			 In
			 General.—Section 3 and inserting Section
			 3; and
			(2)by striking subsection (b).
			5.RegulationsSection 7(a) of the Lacey Act Amendments of
			 1981 (16 U.S.C. 3376(a)) is amended by adding at the end the following:

				(3)The Secretary shall, in consultation with
				other relevant Federal and State agencies, promulgate regulations to implement
				section
				3(e).
				.
		6.Authorization of
			 appropriations for additional law enforcement personnelIn addition to such other amounts as are
			 authorized to be appropriated to carry out the Lacey Act Amendments of 1981 (16
			 U.S.C. 3371 et seq.), there is authorized to be appropriated to the Secretary
			 of the Interior, for use in hiring additional law enforcement personnel of the
			 United States Fish and Wildlife Service to enforce that Act, $5,000,000 for
			 fiscal year 2010.


115 S1026 IS: Know Conflicts Act of 2017
U.S. Senate
2017-05-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		115th CONGRESS1st Session
		S. 1026
		IN THE SENATE OF THE UNITED STATES

			May 3, 2017
			Mr. Casey (for himself, Mr. Wyden, Mr. Whitehouse, Mrs. Gillibrand, Mr. Udall, Mr. Heinrich, Mr. Carper, and Mr. Blumenthal) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

		A BILL
		To amend the Federal Funding Accountability and Transparency Act of 2006 to require full disclosure
			 for entities receiving Federal funding.

		1.Short title
 This Act may be cited as the Know Conflicts Act of 2017.
 2.Full disclosure of entities receiving Federal fundingSection 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note) is amended—
 (1)in subsection (a)— (A)by redesignating—
 (i)paragraphs (6) through (8) as paragraphs (9) through (11), respectively; and (ii)paragraphs (1) through (4) as paragraphs (3) through (7), respectively;
 (B)by inserting before paragraph (2), as redesignated, the following:  (1)Active financial conflict of interestThe term active financial conflict of interest means any potential source of conflict that constitutes a financial interest in or liability owed to an entity reported as receiving a Federal award under this Act.
 (2)Covered personThe term covered person means the President, Vice President, the spouse of the President, the spouse of the Vice President, a dependent child of the President, or a dependent child of the Vice President.; and
 (C)by inserting after paragraph (7), as redesignated the following:  (8)Potential source of conflictThe term potential source of conflict means any financial interest or liability held by a covered person that—
 (A)(i)is not a financial interest described in section 102(f)(8) of the Ethics in Government Act of 1978 (5 U.S.C. App.); and
 (ii)is included in a covered person’s financial disclosure report required to be filed under section 101 of the Ethics in Government Act of 1978 (5 U.S.C. App.); or
 (iii)is otherwise identified by the Director of the Office of Government Ethics as a potential source of conflict.
								; and
 (2)in subsection (b)(1)— (A)in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon;
 (B)by redesignating subparagraph (G) as subparagraph (H); and (C)by inserting after subparagraph (F) the following:

 (G)information indicating whether a Federal award has resulted in the existence of one or more active financial conflicts of interest; and.
 3.ReportNot later than November 30 of each year, the Bureau of the Fiscal Service of the Department of the Treasury shall submit to Congress a report that includes a comprehensive accounting of all new or ongoing active conflicts of interest, as defined in section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note), as amended by section 2 of this Act.


117 HRES 316 EH: Providing for the expenses of certain committees of the House of Representatives in the One Hundred Seventeenth Congress.
U.S. House of Representatives
2021-04-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IV
117th CONGRESS
1st Session
H. RES. 316
In the House of Representatives, U. S.,

April 20, 2021

RESOLUTION
Providing for the expenses of certain committees of the House of Representatives in the One Hundred Seventeenth Congress.

1.Committee expenses for the One Hundred Seventeenth Congress
(a)In GeneralWith respect to the One Hundred Seventeenth Congress, there shall be paid out of the applicable accounts of the House of Representatives, in accordance with this primary expense resolution, not more than the amount specified in subsection (b) for the expenses (including the expenses of all staff salaries) of each committee named in such subsection. (b)Committees and AmountsThe committees and amounts referred to in subsection (a) are: Committee on Agriculture, $12,288,994; Committee on Armed Services, $18,155,984; Committee on the Budget, $10,899,446; Select Committee on the Climate Crisis, $3,865,000; Committee on Education and Labor, $15,727,650; Committee on Energy and Commerce, $22,834,754; Committee on Ethics, $7,015,392; Committee on Financial Services, $17,931,756; Committee on Foreign Affairs, $17,306,860; Committee on Homeland Security, $16,073,402; Committee on House Administration, $11,482,401; Permanent Select Committee on Intelligence, $13,086,150; Committee on the Judiciary, $16,812,230; Select Committee on the Modernization of Congress, $1,942,500; Committee on Natural Resources, $14,590,722; Committee on Oversight and Reform, $27,793,928; Committee on Rules, $6,854,838; Committee on Science, Space, and Technology, $11,633,636; Committee on Small Business, $6,506,110; Committee on Transportation and Infrastructure, $19,194,346; Committee on Veterans’ Affairs, $9,583,954; and Committee on Ways and Means, $19,600,208.
2.First session limitations
(a)In GeneralOf the amount provided for in section 1 for each committee named in subsection (b), not more than the amount specified in such subsection shall be available for expenses incurred during the period beginning at noon on January 3, 2021, and ending immediately before noon on January 3, 2022. (b)Committees and AmountsThe committees and amounts referred to in subsection (a) are: Committee on Agriculture, $6,144,497; Committee on Armed Services, $8,917,992; Committee on the Budget, $5,449,723; Select Committee on the Climate Crisis, $1,915,000; Committee on Education and Labor, $7,863,825; Committee on Energy and Commerce, $11,417,377; Committee on Ethics, $3,507,696; Committee on Financial Services, $8,965,878; Committee on Foreign Affairs, $8,653,430; Committee on Homeland Security, $8,036,701; Committee on House Administration, $5,590,190; Permanent Select Committee on Intelligence, $6,543,075; Committee on the Judiciary, $8,406,115; Select Committee on the Modernization of Congress, $971,250; Committee on Natural Resources, $7,295,361; Committee on Oversight and Reform, $13,896,964; Committee on Rules, $3,410,369; Committee on Science, Space, and Technology, $5,816,818; Committee on Small Business, $3,253,055; Committee on Transportation and Infrastructure, $9,597,173; Committee on Veterans’ Affairs, $4,791,977; and Committee on Ways and Means, $9,800,104.
3.Second session limitations
(a)In GeneralOf the amount provided for in section 1 for each committee named in subsection (b), not more than the amount specified in such subsection shall be available for expenses incurred during the period beginning at noon on January 3, 2022, and ending immediately before noon on January 3, 2023. (b)Committees and AmountsThe committees and amounts referred to in subsection (a) are: Committee on Agriculture, $6,144,497; Committee on Armed Services, $9,237,992; Committee on the Budget, $5,449,723; Select Committee on the Climate Crisis, $1,950,000; Committee on Education and Labor, $7,863,825; Committee on Energy and Commerce, $11,417,377; Committee on Ethics, $3,507,696; Committee on Financial Services, $8,965,878; Committee on Foreign Affairs, $8,653,430; Committee on Homeland Security, $8,036,701; Committee on House Administration, $5,892,211; Permanent Select Committee on Intelligence, $6,543,075; Committee on the Judiciary, $8,406,115; Select Committee on the Modernization of Congress, $971,250; Committee on Natural Resources, $7,295,361; Committee on Oversight and Reform, $13,896,964; Committee on Rules, $3,444,469; Committee on Science, Space, and Technology, $5,816,818; Committee on Small Business, $3,253,055; Committee on Transportation and Infrastructure, $9,597,173; Committee on Veterans’ Affairs, $4,791,977; and Committee on Ways and Means, $9,800,104.
(c)Review of Use of Funds in First Session
(1)ReviewNone of the amounts provided for in section 1 for a committee named in subsection (b) may be available for expenses of the committee after March 15, 2022, unless the chair or ranking minority member of the committee appears and presents testimony at a hearing of the Committee on House Administration held prior to such date to review the committee's use of the amounts provided for in section 1 during the first session of the One Hundred Seventeenth Congress and to determine whether the amount specified in subsection (b) with respect to the committee should be updated on the basis of the review. (2)WaiverThe Committee on House Administration may waive the application of paragraph (1) to any or all of the committees named in subsection (b).
4.VouchersPayments under this resolution shall be made on vouchers authorized by the committee involved, signed by the chair of such committee, and approved in the manner directed by the Committee on House Administration. 5.RegulationsAmounts made available under this resolution shall be expended in accordance with regulations prescribed by the Committee on House Administration.
6.Reserve fund for unanticipated expenses
(a)EstablishmentThere is hereby established a reserve fund for unanticipated expenses of committees for the One Hundred Seventeenth Congress. (b)AmountThe reserve fund under this section shall have a balance of $4,000,000, of which—
(1)$1,500,000 shall be available for unanticipated expenses incurred during the period beginning at noon on January 3, 2021, and ending immediately before noon on January 3, 2022; and (2)$2,500,000 shall be available for unanticipated expenses incurred during the period beginning at noon on January 3, 2022, and ending immediately before noon on January 3, 2023.
(c)Allocation to CommitteesAmounts in the reserve fund under this section shall be paid to a committee pursuant to an allocation approved by the Committee on House Administration. 7.Adjustment authorityThe Committee on House Administration shall have authority to make adjustments in amounts under section 1, if necessary to comply with an order of the President issued under section 251A or 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 or to conform to any change in appropriations for the purposes of such section 1.

Cheryl L. Johnson,Clerk.


116 S290 IS: Native Youth and Tribal Officer Protection Act
U.S. Senate
2019-01-31
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 290IN THE SENATE OF THE UNITED STATESJanuary 31, 2019Mr. Udall (for himself, Ms. Murkowski, and Ms. Smith) introduced the following bill; which was read twice and referred to the Committee on Indian AffairsA BILLTo protect Native children and promote public safety in Indian country.

 1.Short titleThis Act may be cited as the Native Youth and Tribal Officer Protection Act.
 2.FindingsCongress finds the following: (1)American Indians and Alaska Natives are 2.5 times more likely to experience violent crimes and at least 2 times more likely to experience rape or sexual assault crimes.
 (2)The vast majority of American Indian and Alaska Native victims, 96 percent of female and 89 percent of male victims, report being victimized by a non-Indian.
 (3)According to a 2010 Government Accountability Office report, United States Attorneys declined to prosecute nearly 52 percent of violent crimes that occur in Indian country.
 (4)More than 4 in 5 American Indian and Alaska Native women have experienced violence in their lifetime.
 (5)According to the Centers for Disease Control and Prevention, homicide is the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age and the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age.
 (6)On some reservations, American Indian women are murdered at more than 10 times the national average.
 (7)Tribal prosecutors report that the majority of domestic violence cases involve children either as witnesses or victims, and the Department of Justice reports that American Indian and Alaska Native children suffer exposure to violence at some of the highest rates in the United States.
 (8)Childhood exposure to violence has immediate and long term effects, including increased rates of altered neurological development, poor physical and mental health, poor school performance, substance abuse, and overrepresentation in the juvenile justice system.
 (9)Violence against children and crimes associated with dating violence and domestic violence increase the number of instances of trauma in Tribal communities, which—
 (A)affects health outcomes; (B)reduces educational attainment;
 (C)hinders economic growth; and (D)undermines public safety.
 (10)Domestic violence calls are among the most dangerous calls that law enforcement receives, and the Federal Bureau of Investigation’s Uniform Crime Report shows that police officers, including Tribal police officers, are assaulted when responding to disturbance calls more often than under any other circumstances.
 (11)The complicated jurisdictional structure in Indian country— (A)requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials; and
 (B)when that cooperation breaks down, results in a significant negative impact on the ability to provide public safety to Indian communities.
 (12)The Indian Law and Order Commission, established by Congress to review Federal criminal justice policies and practices in Indian country, issued a report in 2013 entitled A Roadmap for Making Native America Safer that recommends the restoration of the inherent authority of Tribal courts.
 (13)Restoring and enhancing local, Tribal capacity to address violent crimes provides for greater local control, safety, accountability, and transparency.
 (14)Tribal communities should be able to protect themselves from dating violence, domestic violence, child violence, and violence committed against members of the Tribal justice system.
 3.Protection of Native children and Tribal communitiesSection 204 of Public Law 90–284 (25 U.S.C. 1304) is amended— (1)in the section heading, by striking domestic violence and inserting domestic violence, child violence, and violence against law enforcement officers;
 (2)in subsection (a)— (A)in paragraph (1), by striking means violence and inserting means covered conduct;
 (B)in paragraph (2)— (i)by striking means violence and inserting means covered conduct; and
 (ii)by striking where the violence occurs and inserting where the covered conduct occurs; (C)in paragraph (4), by striking domestic violence and inserting tribal;
 (D)in paragraph (6)— (i)in the paragraph heading, by striking domestic violence and inserting tribal; and
 (ii)by striking domestic violence and inserting tribal; (E)by redesignating paragraphs (6) and (7) as paragraphs (12) and (13), respectively;
 (F)by redesignating paragraphs (1) through (5) as paragraphs (6) through (10), respectively; (G)by inserting before paragraph (6) (as redesignated by subparagraph (F)) the following:

 (1)CaregiverThe term caregiver means— (A)the parent, guardian, or legal custodian of the child;
 (B)the spouse or intimate partner of a parent, guardian, or legal custodian of the child; (C)any relative of the child, including a parent, grandparent, great-grandparent, stepparent, brother, sister, stepbrother, stepsister, half-brother, or half-sister;
 (D)a person who resides or has resided regularly or intermittently in the same dwelling as the child; (E)a person who provides or has provided care for the child in or out of the home of the child;
 (F)any person who exercises or has exercised temporary or permanent control over the child; or (G)any person who temporarily or permanently supervises or has supervised the child.
 (2)ChildThe term child means a person who has not attained the lesser of— (A)the age of 18; or
 (B)except in the case of sexual abuse, the age specified by the child protection law of the participating tribe that has jurisdiction over the Indian country where the child resides.
 (3)Child violenceThe term child violence means covered conduct committed against a child by a caregiver of the child. (4)Covered conductThe term covered conduct means conduct that—
 (A)involves the use, attempted use, or threatened use of physical force against the person or property of another; and
 (B)violates the criminal law of the Indian tribe that has jurisdiction over the Indian country where the conduct occurs.
 (5)Covered individualThe term covered individual means an officer or employee of an Indian tribe, or an individual authorized to act for or on behalf of an Indian tribe or serving an Indian tribe, who is—
 (A)authorized under law to— (i)engage in or supervise the prevention, detection, investigation, arrest, pretrial detention, prosecution, or adjudication of an offense or the sentencing, including the probation, parole, incarceration, or rehabilitation, of an individual; or
 (ii)serve as a probation or pretrial services officer; and (B)carrying out an activity described in paragraph (11)(C).;  and
 (H)by inserting after paragraph (10) (as redesignated by subparagraph (F)) the following:  (11)Related conductThe term related conduct means a violation of the criminal law of an Indian tribe that is committed—
 (A)against a covered individual; (B)by a person—
 (i)who is subject to special tribal criminal jurisdiction; and (ii)has committed criminal conduct that falls into one or more of the categories described in paragraphs (1) and (2) of subsection (c); and
 (C)in the course of resisting or interfering with the prevention, detection, investigation, arrest, pretrial detention, prosecution, adjudication, or sentencing, including the probation, parole, incarceration, or rehabilitation, of that person relating to that criminal conduct.;
 (3)in subsection (b)— (A)by striking domestic violence each place it appears and inserting tribal; and
 (B)in paragraph (4)(B)(iii), in the matter preceding subclause (I), by striking , or dating partner and inserting , dating partner, or caregiver; (4)in subsection (c)—
 (A)in the matter preceding paragraph (1), by striking domestic violence and inserting tribal; (B)in paragraph (1)—
 (i)in the paragraph heading, by striking and dating violence and inserting , dating violence, and child violence; and (ii)by striking or dating violence and inserting , dating violence, or child violence; and
 (C)by adding at the end the following:  (3)Related conductAn act of related conduct that occurs in the Indian country of the participating tribe.;
 (5)in subsection (d), by striking domestic violence each place it appears and inserting tribal; (6)in subsection (f)—
 (A)by striking special domestic violence each place it appears and inserting special tribal; (B)in paragraph (2), by striking prosecutes and all that follows through the semicolon at the end and inserting the following: “prosecutes—

 (A)a crime of domestic violence; (B)a crime of dating violence;
 (C)a crime of child violence; (D)a criminal violation of a protection order; or
 (E)a crime of related conduct;; and (C)in paragraph (4), by inserting child violence, related conduct, after dating violence,; and
 (7)in subsection (h), by striking “2014 through 2018” and inserting “2020 through 2024”. 4.Increased interagency coordination (a)In generalThe Secretary of the Interior and the Secretary of Health and Human Services (referred to in this section as the Secretaries) shall coordinate with the Attorney General to ensure, to the maximum extent practicable, that Federal programs to support Tribal justice systems and to support provision of victim services for Indians are working effectively together to serve the needs of Indian tribes and Indians (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).
 (b)Coordination of Federal Indian facilities with national domestic violence hotline granteesThe Secretaries shall ensure that information for contacting any toll-free telephone hotline operated by recipients of a grant authorized by section 313 of the Family Violence Protective Services Act (42 U.S.C. 10413), is posted and readily visible in each publicly accessible Federal facility utilized by—
 (1)the Indian Health Services; (2)the Bureau of Indian Affairs; or
 (3)the Bureau of Indian Education. (c)Coordination on training Federal indian program employees To recognize and respond to domestic violenceThe Secretaries (acting through the Assistant Secretary for Indian Affairs, the Director of the Bureau of Indian Education, and the Director of the Indian Health Service) shall coordinate with the Director of the Office on Violence Against Women of the Department of Justice and the Associate Commissioner for the Family and Youth Services Bureau of the Department of Health and Human Services to ensure that training materials on recognizing and responding to domestic violence are available to Tribal and Federal employees of—
 (1)the Indian Health Services; (2)the Bureau of Indian Affairs; and
 (3)the Bureau of Indian Education. 5.Report (a)In generalThe Secretary of the Interior (acting through the Assistant Secretary for Indian Affairs) and the Secretary of Health and Human Services (acting through the Director of the Indian Health Service) shall jointly submit a report to—
 (1)the Committee on Indian Affairs of the Senate; and (2)the Committee on Natural Resources of the House of Representatives.
 (b)Contents of the reportThe report required under subsection (a) shall include a description of the degree of effectiveness of—
 (1)Federal programs that are intended to build the capacity of criminal justice systems of Indian tribes to investigate and prosecute offenses relating to dating violence, domestic violence, child violence, and related conduct (as defined in section 204 of Public Law 90–284 (25 U.S.C. 1304), as amended by section 3(2));
 (2)the required coordination activities required under section 4, including compliance with the posting of domestic violence victim service access information required under section 4(b); and
 (3)the interagency employee training material development required under section 4(c). (c)TimingThe Secretary of the Interior and the Secretary of Health and Human Services shall submit the report required under subsection (a) by not later than 4 years after the date of enactment of this Act.


115 HR 2459 IH: Transnational Criminal Organization Exploitation Threat Assessment Act
U.S. House of Representatives
2017-05-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2459IN THE HOUSE OF REPRESENTATIVESMay 16, 2017Mr. King of New York (for himself and Mr. McCaul) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo require a threat assessment regarding the exploitation by transnational criminal organizations
			 of the unaccompanied alien children services program within the United
			 States, and for other purposes.

 1.Short titleThis Act may be cited as the Transnational Criminal Organization Exploitation Threat Assessment Act. 2.Threat assessment (a)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting through the Under Secretary for Intelligence and Analysis of the Department of Homeland Security, shall conduct a threat assessment of the exploitation by transnational criminal organizations of the unaccompanied alien children services program.
 (b)ConsultationIn preparing the threat assessment required under subsection (a), the Under Secretary for Intelligence and Analysis of the Department of Homeland Security shall consult with the Secretary of Health and Human Services, the Attorney General, the Director of the Federal Bureau of Investigation, the Director of National Intelligence, and the heads of other Federal departments and agencies, as appropriate, to ensure that such threat assessment is informed by current information about homeland security threats posed by transnational criminal organizations.
 (c)RecommendationsUpon completion of the threat assessment required under subsection (a), the Secretary of Homeland Security, in consultation with the Secretary of Health and Human Services, shall make a determination if any changes are required to address security vulnerabilities identified in such assessment that are exploited by transnational criminal organizations in the unaccompanied alien children services program. If changes to the unaccompanied alien children services program are required, the Secretary of Homeland Security shall direct the Department of Homeland Security component agencies, including U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, to address such vulnerabilities, as appropriate.
 (d)DistributionUpon completion of the threat assessment required under subsection (a), the Under Secretary for Intelligence and Analysis of the Department of Homeland Security shall disseminate such threat assessment to Federal partners, including the Secretary of Health and Human Services, the Attorney General, the Director of the Federal Bureau of Investigation, the Director of National Intelligence, and State and local partners, including State, local, and regional fusion centers.
 (e)DefinitionsIn this section: (1)Transnational criminal organizationThe term transnational criminal organization means a group of persons that includes one or more foreign persons that engages in an ongoing pattern of serious criminal activity involving the jurisdictions of at least two foreign countries and that threatens the national security, foreign policy, or economy of the United States.
 (2)Unaccompanied alien children services programThe term unaccompanied alien children service program means the program described in section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279).