114 HR 2637 IH: Coal Country Protection Act
U.S. House of Representatives
2015-06-03
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.

		I
		114th CONGRESS
		1st Session
		H. R. 2637
		IN THE HOUSE OF REPRESENTATIVES

			June 3, 2015
			Mr. Kelly of Pennsylvania (for himself, Mr. Latta, and Mr. Guthrie) introduced the following bill; which was referred to the Committee on Energy and Commerce

		A BILL
		To amend the Clean Air Act to prohibit the regulation of emissions of carbon dioxide from new or
			 existing power plants under certain circumstances.

 1.Short titleThis Act may be cited as the Coal Country Protection Act or the Protecting Jobs, Families, and the Economy From EPA Overreach Act. 2.Regulation of emissions of carbon dioxide from new or existing power plants (a)Limitation on regulationThe Clean Air Act is amended by inserting after section 312 (42 U.S.C. 7612) the following:

					313.Limitation on regulation of emissions of carbon dioxide from new or existing power plants
 (a)Definition of new or existing power plantIn this section, the term new or existing power plant means a fossil fuel-fired power plant that commences operation at any time. (b)LimitationNotwithstanding any other provision of law (including regulations), the Administrator may not promulgate any regulation or guidance that limits or prohibits any new carbon dioxide emissions from a new or existing power plant, and no such regulation or guidance shall have any force or effect, until the date on which—
 (1)the Secretary of Labor certifies to the Administrator that the regulation or guidance will not generate any loss of employment;
 (2)the Director of the Congressional Budget Office certifies to the Administrator that the regulation or guidance will not result in any loss in the gross domestic product of the United States;
 (3)the Administrator of the Energy Information Administration certifies to the Administrator that the regulation or guidance will not generate any increase in electricity rates in the United States; and
 (4)the Chairperson of the Federal Energy Regulatory Commission and the President of the North American Electric Reliability Corporation certify to the Administrator the reliability of electricity delivery under the regulation or guidance..
 (b)Technical correctionThe Clean Air Act is amended by redesignating the second section 317 (42 U.S.C. 7617) (relating to economic impact assessment) as section 318.


113 S2792 IS: Apprenticeship and Jobs Training Act of 2014
U.S. Senate
2014-09-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		113th CONGRESS
		2d Session
		S. 2792
		IN THE SENATE OF THE UNITED STATES

			September 11, 2014
			Ms. Cantwell (for herself and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Finance

		A BILL
		To establish a tax credit for on-site apprenticeship programs, and for other purposes.

		1.Short
			 titleThis Act may be cited as
			 the Apprenticeship and Jobs Training Act of 2014.
		2.Tax Credit for
			 Apprenticeship Programs
			(a)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the
			 following new
			 section:

					45S.Credit for
				apprenticeship program expenses
						(a)Tax
				Credit
							(1)In
				generalFor purposes of section 38, in the case of an employer,
				the apprenticeship program credit determined under this section for
			 any taxable
				year with respect to each qualified individual in a qualified
			 apprenticeship
				program is an amount equal to the lesser of—(A)the amount of any wages (as defined in section 51(c)(1)) paid or incurred by the employer with
			 respect to such qualified individual during the taxable year, or(B)$5,000.
								(2)Established
				apprenticeship programs
								(A)In
				generalThe apprenticeship program credit determined under this
				section for the taxable year shall only be applicable to the number
			 of
				qualified individuals in a qualified apprenticeship program which
			 are in excess
				of the apprenticeship participation average for such employer (as
			 determined
				under subparagraph (B)).
								(B)Apprenticeship
				participation averageFor purposes of subparagraph (A), the
				apprenticeship participation average shall be equal to the average
			 of the total
				number of qualified individuals in the qualified apprenticeship
			 program of the
				employer for—
									(i)the 3 preceding
				taxable years, or
									(ii)the number of
				taxable years in which the qualified apprenticeship program was in
			 existence,
				whichever is less.
									(3)Denial of
				double benefitNo deduction or any other credit shall be allowed
				under this chapter for any amount taken into account in determining
			 the credit
				under this section.
							(4)Election not to
				claim creditThis section shall not apply to a taxpayer for any
				taxable year if such taxpayer elects to have this section not apply
			 for such
				taxable year.
							(5)LimitationThe apprenticeship program credit under this section shall not be allowed for more than 3 taxable
			 years with respect to any qualified individual.(b)Qualified
				individual
							(1)In
				generalFor purposes of this section, the term qualified
				individual means, with respect to any taxable year, an individual who is
				an apprentice and—
								(A)is participating
				in a qualified apprenticeship program with an employer that is
			 subject to the
				terms of a valid apprenticeship agreement (as defined in section
			 29.7 of title 29 of the Code of Federal Regulations),
								(B)has been employed
				under a qualified apprenticeship program for a period of not less
			 than 7 months
				that ends within the taxable year,
								(C)is not a highly
				compensated employee (as defined in section 414(q)), and
								(D)is not a seasonal
				worker (as defined in section 45R(d)(5)(B)).
								(2)Training
				received by members of the Armed ForcesAn employer shall
				consider and may accept, in the case of a qualified individual
			 participating in
				a qualified apprenticeship program, any relevant training or
			 instruction
				received by such individual while serving in the Armed Forces of
			 the United
				States, for the purpose of satisfying the applicable training and
			 instruction requirements
			 under
				such qualified apprenticeship program.
							(3)Ineligibility
				of certain individualsFor purposes of this subsection,
				paragraphs (1) and (2) of section 51(i) shall apply.
							(c)Qualified
				apprenticeship program
							(1)In
				generalFor purposes of this section, the term qualified
				apprenticeship program means an apprenticeship program (as defined in section 29.2 of title 29 of the Code of Federal
			 Regulations), whether or not such program is administered by the employer,
			 which—
								(A)provides
				qualified individuals with on-the-job training and instruction for
			 a qualified
			 occupation with the employer,
								(B)is registered
				with the Office of Apprenticeship of the Employment and Training
			 Administration
				of the Department of Labor or a State apprenticeship agency
			 recognized by such
				Office of Apprenticeship,
								(C)maintains records
				relating to the qualified individual, in such manner as the
			 Secretary, after
				consultation with the Secretary of Labor, may prescribe, and
								(D)satisfies such
				other requirements as the Secretary, after consultation with the
			 Secretary of
				Labor, may prescribe.
								(2)Qualified
				occupationFor purposes of paragraph (1)(A), the term
				qualified occupation means a skilled trade occupation in a
				high-demand mechanical, technical, healthcare, or technology field
			 (or such other
			 occupational field as the Secretary, after consultation
			 with the
				Secretary of Labor, may prescribe) that satisfies the criteria for
			 an apprenticeable occupation under section 29.4 of title 29 of the Code of
			 Federal Regulations.
							(d)Apprenticeship
				agreement
							(1)In
				generalFor purposes of this section, the term
				apprenticeship agreement means an agreement between a qualified
				individual and an employer that satisfies the criteria under
			 section 29.7 of title 29 of the Code of Federal Regulations.
							(2)Credit for
				training received under apprenticeship agreementIf a qualified
				individual has received training or instruction through a qualified
			 apprenticeship program with an employer which is subsequently unable to
			 satisfy
			 its
				obligations under the apprenticeship agreement, such individual may
			 transfer
				any completed training or instruction for purposes of satisfying
			 any applicable training and instruction
				requirements under a separate
			 apprenticeship
				agreement with a different employer.
							(e)Application of
				certain rulesFor purposes of this section, all persons treated
				as a single employer under subsection (a) or (b) of section 52, or
			 subsection
				(m) or (o) of section 414, shall be treated as a single
				person.(f)RegulationsThe Secretary shall prescribe such regulations as may be necessary to carry out the provisions of
			 this section, including regulations to provide for application of
			 paragraphs (1) and (2) of subsection (a) with respect to qualified
			 individuals in a qualified apprenticeship program who are employed by more
			 than 1 employer.
						.
			(b)Credit To be
			 part of general business creditSection 38(b) of the Internal
			 Revenue Code of 1986 is amended by striking plus at the end of
			 paragraph (35), by striking the period at the end of paragraph (36) and
			 inserting , plus, and by adding at the end the following new
			 paragraph:

					(37)the
				apprenticeship program expenses credit determined under section
				45S(a).
					.
			(c)Clerical
			 amendmentThe table of sections for subpart D of part IV of
			 subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended
			 by
			 adding at the end the following new item:

						Sec. 45S. Credit for apprenticeship
				program
				expenses.

					.
			(d)Conforming amendments(1)Rule for employment creditsSection 280C(a) of the Internal Revenue Code of 1986 is amended by inserting 45S(a), after 45P(a),.(2)Exclusion for determination of credit for increasing research activitiesClause (iii) of section 41(b)(2)(D) of such Code is amended by inserting the apprenticeship program credit under section 45S(a) or after in determining.(e)EvaluationNot
			 later than 3 years after the date of the enactment of this Act, and
			 annually
			 thereafter, the Comptroller General of the United States shall submit a
			 report
			 to the Committees on Finance and Health, Education, Labor, and Pensions of
			 the
			 Senate and the Committees on Ways and Means and Education and the
			 Workforce of
			 the House of Representatives that contains an evaluation of the activities
			 authorized under this Act, including—
				(1)the extent to
			 which qualified individuals completed qualified apprenticeship programs;
				(2)whether qualified
			 individuals remained employed by an employer that received an
			 apprenticeship
			 program credit under section 45S of the Internal Revenue Code of 1986 and
			 the
			 length of such employment following expiration of the apprenticeship
			 period;
				(3)whether qualified
			 individuals who completed a qualified apprenticeship program remained
			 employed
			 in the same occupation or field; and
				(4)recommendations
			 for legislative and administrative actions to improve the effectiveness of
			 the
			 apprenticeship program credit under section 45S of the Internal Revenue
			 Code of
			 1986.
				(f)Effective
			 dateThe amendments made by this Act shall apply to taxable years
			 beginning after December 31, 2014.
			3.Encouraging
			 mentors to train the future
			(a)Early
			 distributions from qualified retirement plansSection 72(t)(2) of
			 the Internal Revenue Code of 1986 is amended—
				(1)in subparagraph
			 (A)—
					(A)by striking
			 or at the end of clause (vii);
					(B)by striking the
			 period at the end of clause (viii) and inserting , or;
			 and
					(C)by adding at the
			 end the following new clause:

							(ix)made to an
				employee who is serving as a mentor.
							;
				and
					(2)by adding at the
			 end the following new subparagraph:

						(H)Distributions
				to MentorsFor purposes of this paragraph, the term
				mentor means an individual who—
							(i)has attained 55
				years of age,
							(ii)is not separated
				from their employment with a company, corporation, or institution
			 of higher
				education,
							(iii)in accordance
				with such requirements and standards as the Secretary determines to
			 be
				necessary, has substantially reduced their hours of employment with
			 their
				employer, with the individual to be engaged in mentoring activities
			 described
				in clause (iv) for not less than 20 percent of the hours of
			 employment after such reduction, and
							(iv)is responsible
				for the training and education of employees or students in an area
			 of expertise
				for which the individual has a professional credential,
			 certificate, or
				degree.
							.
				(b)Distributions
			 during working retirementParagraph (36) of section 401(a) of the
			 Internal Revenue Code of 1986 is amended to read as follows:

					(36)Distributions
				during working retirement
						(A)In
				generalA trust forming part of a pension plan shall not be
				treated as failing to constitute a qualified trust under this
			 section solely
				because the plan provides that a distribution may be made from such
			 trust to an
				employee who—
							(i)has attained age
				62 and who is not separated from employment at the time of such
			 distribution,
				or
							(ii)subject to
				subparagraph (B), is serving as a mentor (as such term is defined
			 in section
				72(t)(2)(H)).
							(B)Limitation on
				distributions to mentorsFor purposes of subparagraph (A)(ii),
				the amount of the distribution made to an employee who is serving
			 as a mentor
				shall not be greater than the amount equal to the product obtained
			 by
				multiplying—
							(i)the amount of the
				distribution that would have been payable to the employee if such
			 employee
				had separated from employment instead of reducing their hours of
			 employment with their employer and engaging in mentoring activities, in
			 accordance with clauses (iii) and (iv) of section 72(t)(2)(H), by
							(ii)the percentage
				equal to the quotient obtained by dividing—
								(I)the sum of—(aa)the number of
				hours per pay period by which the employee's hours of employment
			 are reduced, and(bb)the number of hours of employment that such employee is engaging in
			 mentoring
				activities, by
									(II)the total number
				of hours per pay period worked by the
				employee before such reduction in hours of employment.
								.
			(c)ERISASubparagraph
			 (A) of section 3(2) of the Employee Retirement Income Security Act of 1974
			 (29
			 U.S.C. 1002(2)) is amended by striking the period at the end and inserting
			 the
			 following: , or solely because such distribution is made to an employee
			 who is serving as a mentor (as such term is defined in section 72(t)(2)(H)
			 of
			 the Internal Revenue Code of 1986)..
			(d)Effective
			 dateThe amendments made by this section shall apply to
			 distributions made in taxable years beginning after December 31, 2014.


114 HR 6113 IH: End For-Profit Prisons Act of 2016
U.S. House of Representatives
2016-09-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I114th CONGRESS2d SessionH. R. 6113IN THE HOUSE OF REPRESENTATIVESSeptember 21, 2016Mrs. Watson Coleman introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo restrict the authority of the Attorney General to enter into contracts for Federal correctional
			 facilities and community confinement facilities, and for other purposes.

 1.Short titleThis Act may be cited as the End For-Profit Prisons Act of 2016. 2.Elimination of contracting for Federal correctional facilities and community confinement facilities (a)In generalChapter 301 of title 18, United States Code, is amended by adding at the end the following:

					4015.No contracting out of Federal prison facilities or community confinement facilities
 (a)Federal correctional facilities generallyBeginning on the date that is 6 years after the date of the enactment of the End For-Profit Prisons Act of 2016—
 (1)all core correctional services at each correctional facility which is used by the Bureau of Prisons for the confinement of persons serving sentences of imprisonment for Federal offenses shall be performed by employees of the Federal Government; and
 (2)all core correctional services at each correctional facility which is used by the United States Marshals Service for the confinement of persons in the custody of the United States Marshals Service shall be performed by employees of the Federal Government, except that the United States Marshals Service may enter and maintain a contract with a correctional facility operated by a State or unit of local government if—
 (A)the core correctional services at such correctional facility are performed by employees of such State or unit of local government; and
 (B)the facility meets all constitutional, Federal statutory, United States Marshals Service, and any applicable State or local standards.
 (b)Federal community confinement facilitiesBeginning on the date that is 8 years after the date of the enactment of the Justice Not Profit Act of 2016, the Bureau of Prisons shall not enter into or maintain any contract with any for-profit party to provide or manage any community confinement facility.
 (c)DefinitionsIn this section: (1)The term community confinement facility has the meaning given that term in section 115.5 of title 28, Code of Federal Regulations.
 (2)The term core correctional services means the housing, safeguarding, protecting, and disciplining of individuals charged with or convicted of an offense..
 (b)Clerical amendmentThe table of sections at the beginning of chapter 301 of title 18, United States Code, is amended by adding at the end the following new item:

						4015. No contracting out of Federal prison facilities or community confinement facilities..
			3.Transitional provisions
 (a)Federal correctional facilitiesThe Attorney General shall take appropriate action to phase out existing Bureau of Prison and United States Marshals Service contracts which, at the conclusion of the transition period, will be prohibited under section 4015 of title 18, United States Code.
 (b)Federal community confinement facilitiesThe Attorney General shall take appropriate action to phase out existing Bureau of Prison contracts which, at the conclusion of the transition period, will be prohibited under section 4015 of title 18, United States Code.
 4.ReportNot later than 2 years after the date of the enactment of this Act, and every 2 years thereafter, the Attorney General shall submit to Congress a report which describes and evaluates the prison population in the custody of the Bureau of Prisons. The report shall include information regarding the race, gender, age, and nationality of such persons, as well as the location of the custody of such persons.
		5.Research on programs and policies that reduce recidivism
 (a)In generalThe Attorney General shall conduct research to evaluate the effectiveness at reducing recidivism of programs operated by, and policies of community confinement facilities (as such term is defined in section 4015 of title 18, United States Code), and shall develop guidelines based on such research for the use of such programs and policies at community confinement facilities.
 (b)ReportNot later than 4 years after the date of the enactment of this Act, and every 4 years thereafter, the Attorney General shall submit to Congress a report which describes the results of the research conducted under subsection (a), the guidelines developed pursuant to such research, and how such guidelines are being incorporated into any contract for the provision or management of a community confinement facility to which the Bureau of Prisons is a party.
			6.Annual inspection of correctional facilities used for the confinement of persons in the custody of
 the United States Marshals ServiceNot later than one year after the date of the enactment of this Act, and annually thereafter, the United States Marshals Service shall conduct a thorough inspection of each correctional facility which is used by the United States Marshals Service for the confinement of persons in the custody of the United States Marshals Service to ensure that each such facility meets all constitutional, Federal statutory, United States Marshals Service, and any other applicable standards, including any State or local standards.
 7.Duties of the Attorney General relating to the release of Federal PrisonersSection 3624 of title 18, United States Code, is amended by adding at the end the following:  (g)Provision of information and counselingThe Attorney General shall make rules to assure that each prisoner released from Federal custody upon the expiration of that prisoner’s term of imprisonment for an offense, including a prisoner who resides in a community confinement facility (as such term is defined in section 4015), receives information and appropriate counseling about each of the following:
 (1)Any right the prisoner may have to have the prisoner’s criminal record expunged. (2)The availability of programs to remove employment barriers.
 (3)Relevant vocational and educational rehabilitation programs that are available to the prisoner. (4)A detailed record of participation in educational, employment and treatment programs completed while incarcerated.
 (5)Assistance with applications for the following: (A)Programs providing nutritional assistance.
 (B)Medicaid. (C)Social Security.
 (D)Driver’s license. (E)Registering to vote..
 8.Duties of Bureau of Prisons regarding released prisonersSection 4042 of title 18, United States Code, is amended by adding at the end the following:  (e)Requirements with respect to released prisonersIn carrying out the duties set forth in subsections (a)(D) and (a)(E), the Bureau of Prisons shall ensure that each prisoner receives information and counseling during prerelease procedures regarding each area described in subsections (a)(D) and (a)(E). In addition, the Bureau shall provide each released prisoner, including a prisoner who resides in a community confinement facility (as such term is defined in section 4015), with information regarding fines, assessments, surcharges, restitution, other penalties due from the prisoner in connection with the conviction, which it shall be the duty of the appropriate judicial officers to provide to the Bureau..


II
110th CONGRESS 1st Session
S. 2426
IN THE SENATE OF THE UNITED STATES

December 6, 2007
Mr. Reid (for Mrs. Clinton) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL
To provide for congressional oversight of United States agreements with the Government of Iraq.

1.Short titleThis Act may be cited as the Congressional Oversight of Iraq Agreements Act of 2007.
2.FindingsCongress makes the following findings:
(1)President George W. Bush has announced a Declaration of Principles for a Long-Term Relationship of Cooperation and Friendship with Iraq, with the goal of concluding a final agreement between the United States and Iraq by July 31, 2008.
(2)The Declaration envisions commitments that directly affect the national security of the United States, including security assurances and commitments to the Republic of Iraq to deter foreign aggression.
(3)The Declaration fails to make clear that the United States will not seek and will not maintain permanent military bases in Iraq.
(4)The Declaration fails to specify the future mission profile of United States forces in Iraq, the future number of United States forces deployed to Iraq, and the length of deployments for United States forces in Iraq.
(5)The Declaration fails to specify the extent to which United States military personnel and government contractors will be accountable under the laws of Iraq.
(6)On November 26, 2007, Assistant to the President and Deputy National Security Advisor for Iraq and Afghanistan Lieutenant General Douglas Lute stated, “We don't anticipate now that these negotiations will lead to … formal inputs from the Congress.”
(7)Section 8113 of the Department of Defense Appropriations Act, Fiscal Year 2008 (Public Law 110–116; 121 Stat. 1339), which was signed into law on November 13, 2007, stated that no funds may be used [t]o establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.
(8)Congress is a co-equal branch of government and as such the extension of long-term United States security commitments to Iraq that obligates or requires the appropriation of United States funds requires the full participation and consent of Congress.
(9)Under the Constitution, legislative approval of an international agreement can take the form either of approval of a treaty by two-thirds of the Senate under Article II or authorization of the agreement by a simple majority of both houses of Congress under Article I.
(10)Past presidential practice with regard to international agreements other than treaties has been regulated by Department of State guidelines that call for due consideration of the extent to which the agreement involves commitments or risks affecting the nation as a whole, “whether the agreement can be given effect without the enactment of subsequent legislation by the Congress,” and the preference of the Congress.
3.Conclusion of bilateral agreement without congressional approval
(a)Report on justification for denying congressional role in concluding agreement
(1)In generalNot later than 60 days after the date of the enactment of this Act, the Legal Advisor to the Secretary of State shall submit to Congress an unclassified report providing the justification for the decision of the President to deny Congress its constitutionally protected role by concluding an agreement on the future of the security relationship between the United States and Iraq as an executive agreement.
(2)Legal analysis of constitutional authority requiredThe report required under paragraph (1) shall include a legal analysis of the constitutional powers asserted by the President in concluding that such an agreement does not require approval by Congress.
(b)Sense of CongressIt is the sense of Congress that any bilateral agreement between the United States and Iraq involving commitments or risks affecting the nation as a whole, including a status of forces agreement (SOFA), that is not a treaty approved by two-thirds of the Senate under Article II of the Constitution or authorized by legislation does not have the force of law.
(c)Prohibition on use of funds To carry out certain agreementsNo funds may be authorized or appropriated to carry out any bilateral agreement between the United States and Iraq involving commitments or risks affecting the nation as a whole, including a status of forces agreement (SOFA), that is not a treaty approved by two-thirds of the Senate under Article II of the Constitution or authorized by legislation passed by both houses of Congress.


114 HR 4032 IH: States’ Right of Refugee Refusal Act of 2015
U.S. House of Representatives
2015-11-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 4032
		IN THE HOUSE OF REPRESENTATIVES

			November 17, 2015
			Mr. Poe of Texas (for himself, Mr. Sessions, Mr. Duncan of South Carolina, Mr. Blum, Mr. Loudermilk, Mr. Westerman, Mr. Smith of Texas, Mr. Farenthold, Mr. LaMalfa, Mr. Salmon, Mr. Babin, Mr. Weber of Texas, Mr. Collins of Georgia, Mr. Conaway, and Mr. Massie) introduced the following bill; which was referred to the Committee on the Judiciary

		A BILL
		To amend the Immigration and Nationality Act to provide for a limitation on the resettlement of
			 refugees.

 1.Short titleThis Act may be cited as the States’ Right of Refugee Refusal Act of 2015. 2.Limitation on resettlementSection 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by adding at the end the following:

 (g)Limitation on resettlementNotwithstanding any other provision of this section, the Director or the Federal agency administering subsection (b)(1) may not resettle any refugee or coordinate placement of any refugee in a State when that State government has communicated to the Director that the State government does not accede to the resettlement or placement of refugees in that State..


		I
		111th CONGRESS
		2d Session
		H. R. 5842
		IN THE HOUSE OF REPRESENTATIVES

			July 22, 2010
			Ms. Jenkins
			 introduced the following bill; which was referred to the
			 Committee on
			 Appropriations, and in addition to the Committee on
			 Rules, 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 deem any adjournment of the House of Representatives
		  which is in effect on the date of the regularly scheduled general election for
		  Federal office held during a Congress to be adjournment sine die, and to amend
		  title 31, United States Code, to provide for automatic continuing
		  appropriations if a regular appropriation bill for a fiscal year does not
		  become law before the date of the regularly scheduled general election for
		  Federal office held during such fiscal year.

		1.Short titleThis Act may be cited as the
			 End the Lame Duck Act.
		2.Mandatory sine die
			 adjournment after general election date
			(a)Mandatory sine
			 die adjournmentExcept as
			 provided in subsection (b), if the House of Representatives stands adjourned on
			 the date of the regularly scheduled general election for Federal office during
			 a Congress (beginning with the One Hundred Tenth Congress) pursuant to a
			 concurrent resolution providing for the adjournment of the House, the House
			 shall be considered to be adjourned sine die.
			(b)Permitting
			 reassembly in case of national emergencyAfter the date described in subsection (a),
			 the Speaker of the House of Representatives and the Majority Leader of the
			 Senate, or their respective designees, acting jointly after consultation with
			 the Minority Leader of the House and the Minority Leader of the Senate, may
			 notify the Members of the House and Senate, respectively, to reassemble if they
			 determine that the existence of a national emergency warrants it.
			3.Automatic continuing
			 appropriations
			(a)In
			 generalChapter 13 of title
			 31, United States Code, is amended by inserting after section 1310 the
			 following new section:

					1311.Continuing
				appropriations
						(a)(1)If any regular appropriation bill for a
				fiscal year does not become law before the date of the regularly scheduled
				general election for Federal office held during such fiscal year or a joint
				resolution making continuing appropriations is not in effect, there are
				appropriated, out of any money in the Treasury not otherwise appropriated, and
				out of applicable corporate or other revenues, receipts, and funds, such sums
				as may be necessary to continue any project or activity for which funds were
				provided in the preceding fiscal year—
								(A)in
				the corresponding regular appropriation Act for such preceding fiscal year;
				or
								(B)if
				the corresponding regular appropriation bill for such preceding fiscal year did
				not become law, then in a joint resolution making continuing appropriations for
				such preceding fiscal year.
								(2)Appropriations and funds made available,
				and authority granted, for a project or activity for any fiscal year pursuant
				to this section shall be at a rate of operations not in excess of the lower
				of—
								(A)the rate of operations provided for in the
				regular appropriation Act providing for such project or activity for the
				preceding fiscal year;
								(B)in
				the absence of such an Act, the rate of operations provided for such project or
				activity pursuant to a joint resolution making continuing appropriations for
				such preceding fiscal year;
								(C)the rate of operations provided for in the
				regular appropriation bill as passed by the House of Representatives or the
				Senate for the fiscal year in question, except that the lower of these two
				versions shall be ignored for any project or activity for which there is a
				budget request if no funding is provided for that project or activity in either
				version; or
								(D)the annualized rate of operations provided
				for in the most recently enacted joint resolution making continuing
				appropriations for part of that fiscal year or any funding levels established
				under the provisions of this Act.
								(3)Appropriations and funds made available,
				and authority granted, for any fiscal year pursuant to this section for a
				project or activity shall be available for the period beginning with the first
				day of a lapse in appropriations and ending with the earlier of—
								(A)the date on which the applicable regular
				appropriation bill for such fiscal year becomes law (whether or not such law
				provides for such project or activity) or a continuing resolution making
				appropriations becomes law, as the case may be; or
								(B)the last day of such fiscal year.
								(b)An appropriation or funds made available,
				or authority granted, for a project or activity for any fiscal year pursuant to
				this section shall be subject to the terms and conditions imposed with respect
				to the appropriation made or funds made available for the preceding fiscal
				year, or authority granted for such project or activity under current
				law.
						(c)Appropriations and funds made available,
				and authority granted, for any project or activity for any fiscal year pursuant
				to this section shall cover all obligations or expenditures incurred for such
				project or activity during the portion of such fiscal year for which this
				section applies to such project or activity.
						(d)Expenditures made for a project or activity
				for any fiscal year pursuant to this section shall be charged to the applicable
				appropriation, fund, or authorization whenever a regular appropriation bill or
				a joint resolution making continuing appropriations until the end of a fiscal
				year providing for such project or activity for such period becomes law.
						(e)This section shall not apply to a project
				or activity during a fiscal year if any other provision of law (other than an
				authorization of appropriations)—
							(1)makes an appropriation, makes funds
				available, or grants authority for such project or activity to continue for
				such period; or
							(2)specifically provides that no appropriation
				shall be made, no funds shall be made available, or no authority shall be
				granted for such project or activity to continue for such period.
							(f)For purposes of this section, the term
				regular appropriation bill means any annual appropriation bill
				making appropriations, otherwise making funds available, or granting authority,
				for any of the following categories of projects and activities:
							(1)Agriculture, Rural Development, Food and
				Drug Administration, and Related Agencies.
							(2)Commerce, Justice,
				Science, and Related Agencies.
							(3)Department of
				Defense.
							(4)Energy and Water
				Development and Related Agencies.
							(5)Financial Services
				and General Government.
							(6)Department of
				Homeland Security.
							(7)Department of the
				Interior, Environment, and Related Agencies.
							(8)Departments of
				Labor, Health and Human Services, Education, and Related Agencies.
							(9)Legislative
				Branch.
							(10)Military
				Construction and Veterans' Affairs.
							(11)Department of
				State, Foreign Operations, and Related Programs.
							(12)Transportation,
				Housing and Urban Development, and Related
				Agencies.
							.
			(b)Clerical
			 amendmentThe analysis of
			 chapter 13 of title 31, United States Code, is amended by inserting after the
			 item relating to section 1310 the following new item:

						1311. Continuing
				Appropriations.

					.
			(c)Effective
			 dateThe amendments made by
			 this section shall apply to fiscal years beginning after September 30,
			 2010.


116 SRES 416 IS: Calling for the peaceful return to Cambodia of opposition party members and democracy activists.
U.S. Senate
2019-11-07
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.

III116th CONGRESS1st SessionS. RES. 416IN THE SENATE OF THE UNITED STATESNovember 7, 2019Mr. Markey (for himself, Mr. Durbin, and Mr. Cruz) submitted the following resolution; which was referred to the Committee on Foreign RelationsRESOLUTIONCalling for the peaceful return to Cambodia of opposition party members and democracy activists.

 Whereas the people of the United States seek to strengthen relations with the People of the Kingdom of Cambodia, and ensure that they enjoy free and fair democratic elections, the rule of law, and the fundamental freedoms of expression, association, and assembly;
 Whereas the government of Cambodia has taken a series of steps to undermine democratic institutions, human rights, and freedom of expression;
 Whereas, on several occasions since 2017, the Prime Minister of Cambodia, Hun Sen, has urged opposition lawmakers to defect and join the ruling Cambodian People’s Party (CPP), and security forces coerced many such defections under threat and duress;
 Whereas Cambodian authorities arrested the Cambodia National Rescue Party (CNRP) opposition leader Kem Sokha on September 3, 2017, for allegedly committing treason, and continue to restrict his movements and communications to conditions amounting to house arrest over two years later;
 Whereas, having outlawed the CNRP on November 16, 2017, having banned 118 of its members from politics, and having passed amendments to its Law on Political Parties that were intended to stifle independent political parties, the CPP won all 125 National Assembly seats in the July 29, 2018, national election;
 Whereas the Department of State noted in its 2018 Human Rights Report on Cambodia instances of arbitrary deprivation of life and other unlawful or politically motivated killings, arbitrary arrest or detention, denial of fair public trial, and other violations;
 Whereas Freedom House assessed Cambodia to be not free in its Freedom in the World 2019 report; Whereas the crackdown by the government of Cambodia on the political opposition and other independent voices has caused many CNRP leaders to flee abroad;
 Whereas, according to Human Rights Watch, on March 12, 2019, a court criminally charged and issued arrest warrants for eight leading members of the CNRP who had left Cambodia ahead of the July 2018 election: Sam Rainsy, Mu Sochua, Ou Chanrith, Eng Chhai Eang, Men Sothavarin, Long Ry, Tob Van Chan, and Ho Vann;
 Whereas the government of Cambodia has arrested many opposition party members and democracy activists who remained in Cambodia, including bringing charges against more than 70 former CNRP members and detaining at least 35 of them since CNRP members announced in August 2019 that they might return to the country;
 Whereas a Cambodian court ordered a new investigation into two Radio Free Asia journalists charged with espionage even after two years of inquiry found insufficient evidence of wrongdoing and after numerous human rights experts and a bipartisan group of United States Senators in a March 15, 2018, letter to Hun Sen argued that the charges were meritless;
 Whereas former CNRP leader, Sam Rainsy, and other members of the CNRP and supporters of democracy intend to return to Cambodia on November 9, 2019;
 Whereas Prime Minister Hun Sen threatened students that they would have one of their remaining fingers cut off if they joined the cause of the returning democracy activists and ordered the military to attack any CNRP gatherings on November 9, 2019;
 Whereas according to Amnesty International, two youth activists have been arbitrarily detained since July for attempting to peacefully commemorate the murder of a popular government critic;
 Whereas, on November 16, 2017, the United States Senate unanimously passed Senate Resolution 279 (115th Congress), a bipartisan resolution reaffirming the commitment of the United States to promote democracy, human rights, and the rule of law in Cambodia; and
 Whereas the Asia Reassurance Initiative Act of 2018 (Public Law 115–409) prohibits the authorization of appropriations to the government of Cambodia until the Secretary of State certifies that Cambodia is taking effective steps in several areas, including the restoration of the civil and political rights of the CNRP, media, and civil society organizations: Now, therefore, be it

 That the Senate— (1)urges the government of Cambodia to immediately and unconditionally—
 (A)release all political prisoners; (B)drop all politically motivated charges against the CNRP and civil society activists; and
 (C)restore full political rights to the CNRP; (2)deplores—
 (A)the deterioration of democracy and fundamental human rights in Cambodia; (B)the continued imprisonment and judicial harassment of journalists, prisoners of conscience, and other political prisoners by the government of Cambodia;
 (C)the breakdown of the rule of law and the lack of due process in Cambodia; and (D)the potential for mass arrests and violence if and when CNRP members currently overseas return to Cambodia;
 (3)holds Prime Minister Hun Sen directly responsible for the safety, health, and welfare of exiled CNRP leaders and their supporters upon their return to Cambodia;
 (4)calls on other governments throughout the Indo-Pacific to— (A)urge the government of Cambodia to allow the peaceful return of exiled CNRP leaders and their supporters; and
 (B)refrain from unjustly restricting the rights of CNRP members to travel to and through their countries as they return; and
 (5)recognizes, in the absence of systemic democratic reforms, the need for additional United States Government measures, including through legislation and executive action.


114 HR 4758 IH: To amend title 38, United States Code, to authorize the award of the Presidential Memorial Certificate to certain deceased members of the reserve components of the Armed Forces and certain deceased members of the Reserve Officers’ Training Corps.
U.S. House of Representatives
2016-03-16
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.

		I
		114th CONGRESS
		2d Session
		H. R. 4758
		IN THE HOUSE OF REPRESENTATIVES

			March 16, 2016
			Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs

		A BILL
		To amend title 38, United States Code, to authorize the award of the Presidential Memorial
			 Certificate to certain deceased members of the reserve components of the
			 Armed Forces and certain deceased members of the Reserve Officers’
			 Training Corps.

		1.Expansion of Presidential Memorial Certificate program
 (a)In generalSection 112(a) of title 38, United States Code, is amended by inserting after conditions, the following: persons eligible for burial in a national cemetery by reason of paragraph (2) or (3) of section 2402(a) of this title,.
 (b)ApplicationThe amendment made by subsection (a) shall apply with respect to the death of a person eligible for burial in a national cemetery by reason of paragraph (2) or (3) of section 2402(a) of title 38, United States Code, occurring on or after the date of the enactment of this Act.


116 S2526 IS: To require the Secretary of Energy to identify and convey to the State of Colorado land for use as a storage site for residual radioactive material, and for other purposes.
U.S. Senate
2019-09-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2526IN THE SENATE OF THE UNITED STATESSeptember 19, 2019Mr. Bennet (for himself and Mr. Gardner) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural ResourcesA BILLTo require the Secretary of Energy to identify and convey to the State of Colorado land for use as
			 a storage site for residual radioactive material, and for other purposes.

		1.Durango disposal site
			(a)Identification
 (1)In generalNot later than 6 months after the date of enactment of this Act, the Secretary shall— (A)identify, in accordance with paragraph (2), a portion of Federal land within the Durango disposal site that is suitable for conveyance to the State for use as a storage site for residual radioactive materials as part of remediation activities carried out by the State relating to properties in the vicinity of the Durango processing site; and
 (B)offer to convey such land to the State for such purpose. (2)RequirementsIn carrying out paragraph (1)(A), the Secretary shall ensure that the identified land—
 (A)consists of approximately 0.25 acres; (B)is located in the southwestern corner of the Durango disposal site; and
 (C)is south of, and bounded by, County Road 212. (b)ConveyanceSubject to the terms and conditions described in subsection (c), if, not later than 1 year after the date on which the Secretary offers under subsection (a) to convey land identified under such subsection to the State, the State accepts such offer, the Secretary shall convey all right, title, and interest of the United States in and to such land to the State, without consideration.
 (c)Terms and conditionsAs a condition of the conveyance under subsection (b), the Secretary— (1)shall impose a requirement that the State manage the conveyed land in a manner that is consistent with the requirements of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) relating to the Durango disposal site, including after the use described in subsection (a) has ceased; and
 (2)may impose such additional requirements as the Secretary determines necessary to protect the interests of the United States.
 (d)Boundary revisionThe Secretary shall revise the legal description of the Durango disposal site included in the Long-Term Surveillance Plan for such site pursuant to section 40.27 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act), to reflect the conveyance under subsection (b) and shall notify the Nuclear Regulatory Commission (referred to in this subsection as the Commission) of such revision, and the Commission shall accept such revised Long-Term Surveillance Plan for purposes of the general license issued for such site by the Commission.
 (e)Effect on existing requirementsThe Secretary shall carry out this section in a manner that is consistent with the requirements of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) relating to the Durango disposal site.
 (f)NoticeA notice described under the heading Sale of Land in the report of the Committee on Appropriations of the House of Representatives accompanying H.R. 2311 of the 107th Congress (H. Rept. 107–112), is not required for the conveyance under subsection (b).
 (g)DefinitionsIn this section: (1)Durango disposal siteThe term Durango disposal site means the site in Durango, Colorado, for the permanent disposition and stabilization of residual radioactive materials pursuant to the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.).
 (2)Durango processing siteThe term Durango processing site means the processing site in Durango, Colorado, designated under section 102(a)(1) of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7912(a)(1)).
 (3)Residual radioactive materialThe term residual radioactive material has the meaning given that term in section 101 of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7911).
 (4)SecretaryThe term Secretary means the Secretary of Energy. (5)StateThe term State means the State of Colorado.


116 HRES 695 EH: Providing for consideration of the bill (H.R. 4863) to promote the competitiveness of the United States, to reform and reauthorize the United States Export Finance Agency, and for other purposes; and for other purposes.
U.S. House of Representatives
2019-11-14
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
116th CONGRESS
1st Session
H. RES. 695
In the House of Representatives, U. S.,

November 14, 2019

RESOLUTION
Providing for consideration of the bill (H.R. 4863) to promote the competitiveness of the United States, to reform and reauthorize the United States Export Finance Agency, and for other purposes; and for other purposes.

That at any time after adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 4863) to promote the competitiveness of the United States, to reform and reauthorize the United States Export Finance Agency, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on Financial Services. After general debate the bill shall be considered for amendment under the five-minute rule. In lieu of the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill, an amendment in the nature of a substitute consisting of the text of Rules Committee Print 116–36 shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. No further amendment to the bill, as amended, shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such further amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. The previous question shall be considered as ordered on the bill, as amended, and on any further amendment thereto to final passage without intervening motion except one motion to recommit with or without instructions.  2Section 201 of House Resolution 6 is amended as follows:
(1)In subsection (f)(3), strike At the conclusion of the first session of the One Hundred Sixteenth Congress and insert By October 30, 2020.  (2)In subsection (g)(1), strike “on February 1, 2020” and insert “at the conclusion of the One Hundred Sixteenth Congress”.
3.House Resolution 661 is hereby adopted.  4.House Resolution 693 is hereby adopted.
5.
(a)At any time on the legislative day of Thursday, November 21, 2019, it shall be in order without intervention of any point of order to consider in the House a motion to discharge the Committee on Foreign Affairs from further consideration of the concurrent resolution (H. Con. Res. 70) directing the President pursuant to section 5(c) of the War Powers Resolution to remove United States Armed Forces from hostilities in the Syrian Arab Republic that have not been authorized by Congress, if offered by Representative Gabbard of Hawaii. The motion shall be considered as read. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by Representative Gabbard of Hawaii and an opponent. The question of adoption of the motion may be subject to postponement as though under clause 8 of rule XX. (b)The provisions of section 7 of the War Powers Resolution (50 U.S.C. 1546) shall not apply during the remainder of the One Hundred Sixteenth Congress to House Concurrent Resolution 70.

Cheryl L. Johnson,Clerk.


114 HRES 55 IH: Providing amounts for the expenses of the Committee on Ethics in the One Hundred Fourteenth Congress.
U.S. House of Representatives
2015-01-27
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		IV
		114th CONGRESS
		1st Session
		H. RES. 55
		IN THE HOUSE OF REPRESENTATIVES

			January 27, 2015
			Mr. Dent submitted the following resolution; which was referred to the Committee on House Administration

		RESOLUTION
		Providing amounts for the expenses of the Committee on Ethics in the One Hundred Fourteenth
			 Congress.

 1.Amounts for Committee ExpensesFor the expenses of the Committee on Ethics (hereafter in this resolution referred to as the Committee), including the expenses of all staff salaries, there shall be paid, out of the applicable accounts of the House of Representatives for committee salaries and expenses, not more than $6,101,326.00 for the One Hundred Fourteenth Congress.
 2.Session LimitationsOf the amount specified in section 1— (1)not more than $3,050,663.00 shall be available for expenses incurred during the period beginning at noon on January 3, 2015, and ending immediately before noon on January 3, 2016; and
 (2)not more than $3,050,663.00 shall be available for expenses incurred during the period beginning at noon on January 3, 2016, and ending immediately before noon on January 3, 2017.
 3.VouchersPayments under this resolution shall be made on vouchers authorized by the Committee, signed by the Chairman of the Committee, and approved in the manner directed by the Committee on House Administration.
 4.RegulationsAmounts made available under this resolution shall be expended in accordance with regulations prescribed by the Committee on House Administration.


		I
		111th CONGRESS
		2d Session
		H. R. 4976
		IN THE HOUSE OF REPRESENTATIVES

			March 25, 2010
			Mr. McDermott (for
			 himself, Mr. Larson of Connecticut,
			 Mr. Frank of Massachusetts, and
			 Mr. Blumenauer) introduced the
			 following bill; which was referred to the Committee on Ways and Means, and in
			 addition to the Committee on Education and
			 Labor, for a period to be subsequently determined by the
			 Speaker, in each case for consideration of such provisions as fall within the
			 jurisdiction of the committee concerned

		A BILL
		To amend the Internal Revenue Code of 1986 to regulate
		  and tax Internet gambling.

		1.Short title; amendment of
			 1986 Code
			(a)Short
			 TitleThis Act may be cited as the Internet Gambling Regulation and Tax Enforcement Act of
			 2010.
			(b)Amendment of
			 1986 CodeExcept as otherwise expressly provided, whenever in
			 this Act an amendment is expressed in terms of an amendment of a section or
			 other provision, the reference shall be considered to be made to a section or
			 other provision of the Internal Revenue Code of 1986.
			2.Tax on internet
			 gambling
			(a)In
			 generalChapter 36 (relating to certain other excise taxes) is
			 amended by adding at the end the following new subchapter:

					EInternet
				Gambling

							Sec. 4491. Imposition of Internet gambling license
				  fee.
							Sec. 4492. Record requirements.
							Sec. 4493. Elective State and Indian tribal government online
				  gambling fee.

						4491.Imposition of
				Internet gambling license fee
							(a)Federal
				feeEach licensee within the meaning of section 5382 of title 31,
				United States Code, (hereafter in this subchapter referred to as
				licensee) shall be required to pay an Internet gambling license
				fee by the end of each calendar month in an amount equal to two percent of all
				funds deposited by customers during the preceding month into an account
				maintained by that licensee or any agent of that licensee that can be used for
				the purpose of placing a bet or wager as defined in section 5362(1) of title
				31, United States Code.
							(b)DepositsDeposits
				made by or on behalf of a licensee of Internet gambling winnings or returns of
				funds by or on behalf of a licensee to the account of a customer shall not be
				treated as a deposit for purposes of this section.
							(c)Persons liable
				for feeThe Internet gambling license fee shall be the direct and
				exclusive obligation of the Internet gambling operator and may not be deducted
				from the amounts available as deposits to the person placing a bet.
				Notwithstanding the foregoing, any person making a deposit for the purpose of
				placing a bet or wager with a person who is required but has failed to obtain a
				license pursuant to subchapter V of chapter 53 of title 31, United States Code,
				shall be liable for and pay the fee under this subchapter on all such deposits,
				but such liability shall not excuse any failure to pay the fee on the part of
				the person who is required but has failed to obtain such license.
							(d)Unauthorized
				bets or wagersThere is hereby imposed a fee in an amount equal
				to 50 percent of all funds deposited into an account that can be used for
				placing a bet or wager within the meaning of Section 5362(1) of title 31,
				United States Code, with any person that is not authorized pursuant to section
				5382 of that title. Such tax is due by the end of each calendar month with
				respect to deposits during the preceding month.
							(e)DispositionAmounts
				paid as Internet gambling license fees or on unauthorized bets or wagers under
				this section shall be deposited in the general fund of the Treasury and treated
				as revenue.
							(f)Administrative
				provisionsExcept to the extent the Secretary shall by
				regulations prescribe, the fees imposed by this section shall be subject to the
				administrative provisions of this title applicable to excise taxes imposed by
				chapter 35.
							4492.Record
				requirementsEach person
				liable for fees under this subchapter, except for a person making a deposit who
				is liable for fees pursuant to section 4491(e), shall keep a daily record
				showing deposits as defined in this subchapter, in addition to all other
				records required pursuant to section 6001(a).
						4493.Elective State
				and Indian tribal government online gambling fee
							(a)In
				general
								(1)Payment of State
				and Indian tribal government feeOn a monthly basis, each
				licensee shall pay to each qualified State and each qualified Indian tribal
				government an amount equal to the monthly pro rata State and Indian tribal
				government online gambling fee amount.
								(2)Monthly pro rata
				online gambling fee amountFor purposes of this section, with
				respect to a qualified State and a qualified Indian tribal government for any
				calendar month, the monthly pro rata online gambling fee amount is the amount
				of the fees described in subsection (b) received with respect to such calendar
				month that are attributable to deposits for online wagers made by persons
				residing within the jurisdiction of such State or Indian tribal
				government.
								(3)Qualified State;
				qualified Indian tribal government
									(A)In
				generalFor purposes of this section, the terms qualified
				State and qualified Indian tribal government mean a State
				or an Indian tribal government, respectively, that has not elected (by notice
				provided by the Governor, principal chief, or other chief executive officer and
				in such form and manner as the Secretary may prescribe) to be excluded from the
				receipt of funds under this section.
									(B)State election
				not to affect tribal electionAn election by a State under
				subparagraph (A) to be excluded from the receipt of funds under this section
				shall not constitute an election to be so excluded on behalf of any Indian
				tribe located within or partially within the geographic boundaries of such
				State.
									(C)Applicability of
				electionAn election made under subparagraph (A) shall be
				effective—
										(i)upon receipt by
				the Secretary, if such election is received within 90 days of the date of the
				enactment of the section; and
										(ii)in any other
				case, on the first January 1 that occurs at least 60 days after the later
				of—
											(I)the receipt of
				such election by the Secretary; or
											(II)the effective
				date specified in such election.
											(D)StateThe
				term State means any State, the District of Columbia, or any
				commonwealth, territory or other possession of the United States.
									(E)Indian tribal
				governmentThe term Indian tribal government means
				the government of an Indian tribe (within the meaning of section 4 of the
				Indian Gaming Regulatory Act).
									(4)Time of
				paymentsThe payment made under this subsection with respect to
				any calendar month shall be made not later than the 11th day of the succeeding
				calendar month.
								(b)State and Indian
				Tribal Government Online Gambling FeeThe State and Indian tribal
				government online gambling fee shall be an amount equal to 6 percent of all
				deposited funds deposited by customers residing in each State or area subject
				to the jurisdiction of an Indian tribal government.
							(c)Effect of
				acceptance of feeAcceptance by a State or Indian tribal
				government of the State and Indian tribal government online gambling fee shall
				relieve licensees from the obligation to pay any other fee or tax to the State
				or Indian tribal government relating to its online gambling services, except
				for—
								(1)applicable State individual and corporate
				income taxes, which shall be unaffected by the election, and
								(2)any fees
				associated with a licensee’s choice to rely on a State or Indian tribal
				regulatory body certification of suitability in connection with a Federal
				online gambling licensing
				application.
								.
			(b)Clerical
			 amendmentThe table of subchapters for chapter 36 is amended by
			 adding at the end the following new item:

						Subchapter E—Internet Gambling
						Sec. 4491. Imposition of Internet gambling license
				fee.
						Sec. 4492. Record requirements.
						Sec. 4493. Elective State and Indian tribal government online
				gambling
				fee.

					.
			(c)Effective
			 dateThe amendments made by this section shall apply to bets or
			 wagers placed after the date of the enactment of this Act.
			3.Licensee
			 information reporting
			(a)In
			 generalSubpart A of part III
			 of subchapter A of chapter 61 (relating to information concerning persons
			 subject to special provisions) is amended by adding at the end the following
			 new section:

					6050X.Returns
				relating to internet gambling
						(a)RequirementEvery
				person who is a licensee (within the meaning of section 5382(3) of title 31,
				United States Code) or who otherwise is engaged in the business of accepting
				any bet or wager within the meaning of section 5362(1) of title 31, United
				States Code, during a taxable year shall furnish, at such time and in such
				manner as the Secretary shall by regulations prescribe, the information
				described in subsection (b), and such person shall maintain (in the location,
				in the manner, and to the extent prescribed in regulations) such records as may
				be appropriate to the information described in subsection (b).
						(b)Required
				informationFor purposes of subsection (a), the information
				described is set forth below, which information may be modified as appropriate
				by the Secretary through regulation—
							(1)the name, address,
				and TIN of the licensee or other person engaged in the business of accepting
				any bet or wager,
							(2)the name, address,
				and TIN of each person placing a bet or wager with the licensee or other person
				engaged in the business of accepting any bet or wager during the calendar
				year,
							(3)the gross
				winnings, gross wagers, and gross losses for the calendar year of each person
				placing a bet or wager with the licensee or other person engaged in the
				business of accepting any bet or wager during the year,
							(4)the net Internet
				gambling winnings for each such person for the calendar year,
							(5)the amount of tax
				withheld with respect to each such person for the calendar year,
							(6)beginning and
				end-of-year account balances for each such person for the calendar year,
				and
							(7)amounts deposited
				and withdrawn by each such person during the calendar year.
							(c)Statement To be
				furnished to persons with respect to whom information is
				requiredEvery person required to make a return under subsection
				(a) shall furnish to each person whose name is required to be set forth in such
				return by reason of placing a bet or wager a written statement showing—
							(1)the name, address,
				and phone number of the information contact of the person required to make such
				return, and
							(2)the information
				required to be shown on such return with respect to each person whose name is
				required to be set forth in such return.
							The
				written statement required under the preceding sentence shall be furnished to
				the person on or before January 31 of the year following the calendar year for
				which the return under subsection (a) was required to be made.(d)Definitions
							(1)Net internet
				gambling winningsThe term net Internet gambling
				winnings means gross winnings from wagers placed over the Internet with
				a person required to be licensed under section 5382 of chapter 53 of title 31,
				United States Code, less the amounts wagered.
							(2)Internet;
				wagerThe terms Internet and wager
				shall have the respective meanings given such terms by section 5362 of chapter
				53 of title 31, United States
				Code.
							.
			(b)The table of
			 sections for subpart B of part III of subchapter A of chapter 61 is amended by
			 inserting after the item relating to section 6050W the following new
			 item:

						Sec. 6050X. Returns relating to internet
				gambling.

					.
			4.Withholding from
			 certain gambling winnings
			(a)Net internet
			 gambling winningsParagraph (3) of section 3406(b) (relating to
			 other reportable payments for purposes of backup withholding) is
			 amended—
				(1)by striking
			 or in subparagraph (E);
				(2)by striking
			 . and inserting , or at the end of subparagraph
			 (F); and
				(3)by adding at the
			 end thereof the following new subparagraph:

						(G)section
				6050X(b)(4) (relating to net Internet gambling
				winnings).
						.
				(b)Effective
			 dateThe amendment made by this section shall apply to bets or
			 wagers placed after the date of the enactment of this Act.
			5.Withholding of
			 tax on nonresident aliens
			(a)Tax on
			 nonresident alien individualsParagraph (1) of section 871(a)
			 (relating to income not connected with United States business) is
			 amended—
				(1)by striking
			 and at the end of subparagraph (C),
				(2)by inserting
			 and at the end of subparagraph (D), and
				(3)by inserting after
			 subparagraph (D) the following new subparagraph:

						(E)the gross amount
				of winnings from each wager placed over the Internet with a person required to
				be licensed under section 5382 of chapter 53 of title 31, United States Code
				(as such terms are defined in section
				6050X(d)(2)),
						.
				(b)Exemption for
			 certain gambling winningsSection 871(j) (relating to exemption
			 for certain gambling winnings) is amended by inserting before the period at the
			 end the following: or to any bets or wagers placed over the Internet (as
			 such terms are defined in section 6050X(d)(2)).
			(c)Withholding of
			 tax on nonresident alien individualsThe first sentence of
			 subsection (b) of section 1441 (relating to withholding of tax on nonresident
			 aliens) is amended by inserting after gains subject to tax under section
			 871(a)(1)(D), the following: the gross amount of winnings from
			 wagers placed over the Internet described in section
			 871(a)(1)(E),.
			(d)Source of
			 internet gambling winningsSubsection (a) of section 861 is
			 amending by inserting at the end thereof the following new paragraph:

					(9)Internet
				gambling winningsAny Internet gambling winnings received from a
				licensee within the meaning of section 5382(3) of title 31, United States
				Code.
					.
			(e)Effective
			 dateThe amendments made by this section shall apply to bets or
			 wagers placed after the date of the enactment of this Act.
			6.Wager tax
			 applicable to Federal online gambling activities
			(a)In
			 generalSubsection (a) of
			 section 4401 is amended to read as follows:

					(a)Wagers
						(1)Authorized
				wagersThere shall be imposed on any wager authorized under
				Federal law or the law of the State in which accepted an excise tax equal to
				0.25 percent of the amount of such wager.
						(2)Unauthorized
				wagersThere shall be imposed on any wager not described in
				paragraph (1) an excise tax equal to 2 percent of the amount of such
				wager.
						.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to wagers
			 made after December 31, 2010.
			7.No
			 exclusions under Federal wager tax for online gambling activities
			(a)In
			 generalSection 4402 is
			 amended to read as follows:

					4402.Exemptions
						(a)In
				generalNo tax shall be imposed by this subchapter—
							(1)on any wager
				placed with, or on any wager placed in a wagering pool conducted by, a
				parimutuel wagering enterprise licensed under State law and that is not carried
				out online;
							(2)on any wager
				placed in a coin-operated device (as defined in section 4462 as in effect for
				years beginning before July 1, 1980), or on any amount paid, in lieu of
				inserting a coin, token, or similar object, to operate a device described in
				section 4462 (a)(2) (as so in effect), and that is not carried out online;
				and
							(3)on any wager
				placed in a sweepstakes, wagering pool, or lottery which is conducted by an
				agency of a State acting under authority of State law, but only if such wager
				is placed with the State agency conducting such sweepstakes, wagering pool, or
				lottery, or with its authorized employees or agents, and is not carried out
				online.
							(b)Online gambling
				activitiesAll online gambling activities conducted pursuant to a
				Federal license shall be subject to the wagering tax set forth in section
				4401.
						.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to wagers
			 made after December 31, 2010.
			8.Territorial
			 extent
			(a)In
			 generalParagraph (2) of
			 section 4404 is amended to read as follows:

					(2)placed within the
				United States, or any Commonwealth, territory, or possession thereof, by a
				person who is a United States citizen or
				resident.
					.
			(b)Effective
			 dateThe amendment made by subsection (a) shall apply to wagers
			 made after December 31, 2010.
			9.American Heritage
			 Program
			(a)Implementation
			 of programFrom funds
			 appropriated to the American Heritage Block Grant Fund for a fiscal year, the
			 Secretary of the Treasury shall make grants to eligible States to carry out an
			 American Heritage Program through State arts agencies.
			(b)Allotment of
			 fundsFunds allotted for a
			 fiscal year shall be allotted among eligible States in the same proportion as
			 funds are allotted among the States under section 5(g)(3) of the National
			 Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C.
			 954(g)(3)).
			(c)Eligibility To
			 receive grantsTo be eligible
			 to receive a grant under subsection (a) for a fiscal year, a State shall submit
			 to the Secretary an application in such form, and containing such information
			 and assurances, as the Secretary may require by rule, including assurances
			 that—
				(1)not more than 80
			 percent of the cost of any qualified activity carried out under this section
			 shall be paid with such grant, and
				(2)not more that 20
			 percent of such grant may be expended for administrative costs.
				(d)DefinitionsFor
			 purposes of this section—
				(1)the term
			 American Heritage Program means a program carried out by a State
			 that provides qualified activities directly, or by contract with nonprofit
			 organizations (including community-based organizations) or units of local
			 government, for all the people and communities in the State,
				(2)the term
			 Secretary means the Secretary of the Treasury,
				(3)the term State has the meaning
			 given such term in section 4 of the National Foundation on the Arts and the
			 Humanities Act of 1965 (20 U.S.C. 953),
				(4)the term
			 State arts agency has the same meaning given such term as used in
			 the National Foundation on the Arts and the Humanities Act of 1965 (20 U.S.C.
			 951 et seq.), and
				(5)the term qualified activities
			 means activities that develop projects, productions, workshops, or programs
			 that will encourage public knowledge, education, understanding, and
			 appreciation of American heritage and the arts.
				(e)American
			 Heritage Block Grant Fund
				(1)EstablishmentThere is established in the Treasury of the
			 United States a trust fund to be known as the “American Heritage Block Grant
			 Fund”, consisting of such amounts as may be appropriated or credited to the
			 American Heritage Block Grant Fund as provided in this subsection.
				(2)Transfer to
			 FundThere are appropriated
			 to the American Heritage Block Grant Fund amounts equal to .5 percent of the
			 taxes received by the Treasury after December 31, 2010, that the Secretary
			 determines are attributable to Internet gambling.
				(3)Method of
			 transferThe amounts appropriated by paragraph (1) shall be
			 transferred from time to time from the general fund of the Treasury. Such
			 amounts shall be determined on the basis of estimates by the Secretary of the
			 taxes, specified in paragraph (1), paid to or deposited into the Treasury.
			 Proper adjustments shall be made in amounts subsequently transferred to the
			 extent prior estimates are in excess of or are less than the taxes specified in
			 paragraph (1).
				(4)Expenditures
			 from American Heritage Block Grant FundAmounts in the American Heritage Block
			 Grant Fund shall be available, as provided by appropriation Acts, for making
			 expenditures to carry out subsection (a).
				10.Block grants to
			 States for transitional assistanceThe Social Security Act is amended by adding
			 at the end the following new title:

				XXIIBlock grants to
				States for transitional assistance
					2201.Transitional
				Assistance Trust Fund
						(a)Creation of
				trust fundThere is
				established in the Treasury of the United States a trust fund to be known as
				the “Transitional Assistance Trust Fund”, consisting of such amounts as may be
				appropriated or credited to the Transitional Assistance Trust Fund as provided
				in this section.
						(b)Transfer to
				Transitional Assistance Trust Fund of amounts equivalent to certain
				taxes
							(1)In
				generalThere are hereby
				appropriated to the Transitional Assistance Trust Fund, out of any money in the
				Treasury not otherwise appropriated, amounts equivalent to 25 percent of the
				taxes received in the Treasury after December 31, 2010, that the Secretary of
				the Treasury determines are attributable to Internet gambling.
							(2)Method of
				transferThe amounts
				appropriated by paragraph (1) shall be transferred from time to time from the
				general fund in the Treasury to the Transitional Assistance Trust Fund. Such
				amounts shall be determined on the basis of estimates by the Secretary of the
				Treasury of the taxes, specified in paragraph (1) of this subsection, paid to
				or deposited into the Treasury. Proper adjustments shall be made in amounts
				subsequently transferred to the extent prior estimates were in excess of or
				were less than the taxes specified in paragraph (1) of this subsection.
							(c)Expenditures
				from Transitional Assistance Trust FundAmounts in the Transitional Assistance
				Trust Fund shall be available, as provided by appropriation Acts, for making
				expenditures to carry out section 2202.
						2202.Transitional
				assistance grant program
						(a)In
				generalEach State shall be
				entitled to a payment under this section for each fiscal year in an amount
				equal to its allotment for such fiscal year, to be used by such State to carry
				out the State’s plan for transitional assistance described in subsection (c),
				subject to the requirements of this section.
						(b)Plan approval
				requiredNo State may receive a payment under this section unless
				the State submits the State’s plan for transitional assistance described in
				subsection (c) to the Secretary and the Secretary approves such plan.
						(c)State plan for
				transitional assistanceA
				State plan for transitional assistance is described by this subsection if the
				plan—
							(1)provides for expanded education
				opportunities for individuals who are, or were formerly, in foster care,
				including streamlining and coordinating education financing opportunities and
				providing counseling and assistance to such individuals for the purpose of
				ensuring completion of their academic goals;
							(2)provides for job training opportunities for
				individuals who are, or were formerly, in foster care;
							(3)provides, primarily through expanding
				access to and investment in community colleges, for expanded post-secondary
				education and job training opportunities that lead to a certificate, for
				individuals who are working in, or had worked in, declining sectors of the
				economy, as defined by the Secretary, and who want to pursue a new career in a
				sector of the economy with the potential for high wages and high growth, as
				defined by the Secretary; and
							(4)provides a subsidy
				for the use of public transportation by—
								(A)individuals
				qualifying for benefits or services under title XX, including the Federal-State
				Unemployment Insurance Program; and
								(B)individuals
				participating in programs under the Workforce Investment Act.
								(d)AllotmentThe
				allotment for a fiscal year for a State receiving an allotment for such fiscal
				year shall be an amount equal to—
							(1)the amount
				appropriated for such fiscal year under subsection (f), multiplied by
							(2)the ratio by which
				the population of the State bears to the population of all the States receiving
				an allotment for such fiscal year as determined by the Secretary (on the basis
				of the most recent data available from the Department of Commerce).
							(e)DefinitionsFor purposes of this section:
							(1)In foster
				careThe term in foster
				care means, with respect to an individual, an individual who is under
				the care and placement responsibility of the State agency responsible for
				administering a plan, in connection with such individual, under part B or part
				E of title IV.
							(2)SecretaryThe
				term Secretary means the Secretary of Health and Human
				Services.
							(3)StateThe term State means the 50
				States of the United States, the District of Columbia, the Commonwealth of
				Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the
				Northern Mariana Islands.
							(f)Authorization of
				appropriationsThere are
				authorized to be appropriated for each fiscal year to the Secretary the amount
				deposited into the Transitional Assistance Trust Fund pursuant to section 2201
				to carry out this
				section.
						.


116 S1108 IS: Algorithmic Accountability Act of 2019
U.S. Senate
2019-04-10
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 1108IN THE SENATE OF THE UNITED STATESApril 10, 2019Mr. Wyden (for himself and Mr. Booker) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationA BILLTo direct the Federal Trade Commission to require entities that use, store, or share personal
			 information to conduct automated decision system impact assessments and
			 data protection impact assessments.

 1.Short titleThis Act may be cited as the Algorithmic Accountability Act of 2019. 2.DefinitionsIn this Act:
 (1)Automated decision systemThe term automated decision system means a computational process, including one derived from machine learning, statistics, or other data processing or artificial intelligence techniques, that makes a decision or facilitates human decision making, that impacts consumers.
 (2)Automated decision system impact assessmentThe term automated decision system impact assessment means a study evaluating an automated decision system and the automated decision system’s development process, including the design and training data of the automated decision system, for impacts on accuracy, fairness, bias, discrimination, privacy, and security that includes, at a minimum—
 (A)a detailed description of the automated decision system, its design, its training, data, and its purpose;
 (B)an assessment of the relative benefits and costs of the automated decision system in light of its purpose, taking into account relevant factors, including—
 (i)data minimization practices; (ii)the duration for which personal information and the results of the automated decision system are stored;
 (iii)what information about the automated decision system is available to consumers; (iv)the extent to which consumers have access to the results of the automated decision system and may correct or object to its results; and
 (v)the recipients of the results of the automated decision system; (C)an assessment of the risks posed by the automated decision system to the privacy or security of personal information of consumers and the risks that the automated decision system may result in or contribute to inaccurate, unfair, biased, or discriminatory decisions impacting consumers; and
 (D)the measures the covered entity will employ to minimize the risks described in subparagraph (C), including technological and physical safeguards.
 (3)CommissionThe term Commission means the Federal Trade Commission. (4)ConsumerThe term consumer means an individual.
 (5)Covered entityThe term covered entity means any person, partnership, or corporation over which the Commission has jurisdiction under section 5(a)(2) of the Federal Trade Commission Act (15 U.S.C. 45(a)(2)) that—
 (A)had greater than $50,000,000 in average annual gross receipts for the 3-taxable-year period preceding the most recent fiscal year, as determined in accordance with paragraphs (2) and (3) of section 448(c) of the Internal Revenue Code of 1986;
 (B)possesses or controls personal information on more than— (i)1,000,000 consumers; or
 (ii)1,000,000 consumer devices; (C)is substantially owned, operated, or controlled by a person, partnership, or corporation that meets the requirements under subparagraph (A) or (B); or
 (D)is a data broker or other commercial entity that, as a substantial part of its business, collects, assembles, or maintains personal information concerning an individual who is not a customer or an employee of that entity in order to sell or trade the information or provide third-party access to the information.
 (6)Data protection impact assessmentThe term data protection impact assessment means a study evaluating the extent to which an information system protects the privacy and security of personal information the system processes.
 (7)High-risk automated decision systemThe term high-risk automated decision system means an automated decision system that— (A)taking into account the novelty of the technology used and the nature, scope, context, and purpose of the automated decision system, poses a significant risk—
 (i)to the privacy or security of personal information of consumers; or (ii)of resulting in or contributing to inaccurate, unfair, biased, or discriminatory decisions impacting consumers;
 (B)makes decisions, or facilitates human decision making, based on systematic and extensive evaluations of consumers, including attempts to analyze or predict sensitive aspects of their lives, such as their work performance, economic situation, health, personal preferences, interests, behavior, location, or movements, that—
 (i)alter legal rights of consumers; or (ii)otherwise significantly impact consumers;
 (C)involves the personal information of a significant number of consumers regarding race, color, national origin, political opinions, religion, trade union membership, genetic data, biometric data, health, gender, gender identity, sexuality, sexual orientation, criminal convictions, or arrests;
 (D)systematically monitors a large, publicly accessible physical place; or (E)meets any other criteria established by the Commission in regulations issued under section 3(b)(1).
 (8)High-risk information systemThe term high-risk information system means an information system that— (A)taking into account the novelty of the technology used and the nature, scope, context, and purpose of the information system, poses a significant risk to the privacy or security of personal information of consumers;
 (B)involves the personal information of a significant number of consumers regarding race, color, national origin, political opinions, religion, trade union membership, genetic data, biometric data, health, gender, gender identity, sexuality, sexual orientation, criminal convictions, or arrests;
 (C)systematically monitors a large, publicly accessible physical place; or (D)meets any other criteria established by the Commission in regulations issued under section 3(b)(1).
 (9)Information systemThe term information system— (A)means a process, automated or not, that involves personal information, such as the collection, recording, organization, structuring, storage, alteration, retrieval, consultation, use, sharing, disclosure, dissemination, combination, restriction, erasure, or destruction of personal information; and
 (B)does not include automated decision systems. (10)Personal informationThe term personal information means any information, regardless of how the information is collected, inferred, or obtained that is reasonably linkable to a specific consumer or consumer device.
 (11)StoreThe term store— (A)means the actions of a person, partnership, or corporation to retain information; and
 (B)includes actions to store, collect, assemble, possess, control, or maintain information. (12)UseThe term use means the actions of a person, partnership, or corporation in using information, including actions to use, process, or access information.
			3.Data protection authority
 (a)Acts prohibitedIt is unlawful for any covered entity to— (1)violate a regulation promulgated under subsection (b); or
 (2)knowingly provide substantial assistance to any person, partnership, or corporation whose actions violate subsection (b).
				(b)Regulations
 (1)In generalNot later than 2 years after the date of enactment of this section, the Commission shall promulgate regulations, in accordance with section 553 of title 5, United States Code, that—
 (A)require each covered entity to conduct automated decision system impact assessments of— (i)existing high-risk automated decision systems, as frequently as the Commission determines is necessary; and
 (ii)new high-risk automated decision systems, prior to implementation, provided that a covered entity may evaluate similar high-risk automated decision systems that present similar risks in a single assessment;(B)require each covered entity to conduct data protection impact assessments of—
 (i)existing high-risk information systems, as frequently as the Commission determines is necessary; and
 (ii)new high-risk information systems, prior to implementation, provided that a covered entity may evaluate similar high-risk information systems that present similar risks in a single assessment;(C)require each covered entity to conduct the impact assessments under subparagraphs (A) and (B), if reasonably possible, in consultation with external third parties, including independent auditors and independent technology experts; and
 (D)require each covered entity to reasonably address in a timely manner the results of the impact assessments under subparagraphs (A) and (B).
 (2)Optional publication of impact assessmentsThe impact assessments under subparagraphs (A) and (B) may be made public by the covered entity at its sole discretion.
 (c)Preemption of private contractsIt shall be unlawful for any covered entity to commit the acts prohibited in subsection (a), regardless of specific agreements between entities or consumers.
			(d)Enforcement by the Commission
 (1)Unfair or deceptive acts or practicesA violation of subsection (a) shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
				(2)Powers of the Commission
 (A)In generalThe Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section.
 (B)Privileges and immunitiesAny person who violates subsection (a) shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).
 (C)Authority preservedNothing in this section shall be construed to limit the authority of the Commission under any other provision of law.
					(e)Enforcement by States
 (1)In generalIf the attorney general of a State has reason to believe that an interest of the residents of the State has been or is being threatened or adversely affected by a practice that violates subsection (a), the attorney general of the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief.
				(2)Rights of Commission
					(A)Notice to Commission
 (i)In generalExcept as provided in clause (iii), the attorney general of a State, before initiating a civil action under paragraph (1), shall provide written notification to the Commission that the attorney general intends to bring such civil action.
 (ii)ContentsThe notification required under clause (i) shall include a copy of the complaint to be filed to initiate the civil action.
 (iii)ExceptionIf it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action.
 (B)Intervention by CommissionThe Commission may— (i)intervene in any civil action brought by the attorney general of a State under paragraph (1); and
 (ii)upon intervening— (I)be heard on all matters arising in the civil action; and
 (II)file petitions for appeal of a decision in the civil action. (3)Investigatory powersNothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to conduct investigations, to administer oaths or affirmations, or to compel the attendance of witnesses or the production of documentary or other evidence.
				(4)Venue; service of process
 (A)VenueAny action brought under paragraph (1) may be brought in— (i)the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or
 (ii)another court of competent jurisdiction. (B)Service of processIn an action brought under paragraph (1), process may be served in any district in which—
 (i)the defendant is an inhabitant, may be found, or transacts business; or (ii)venue is proper under section 1391 of title 28, United States Code.
						(5)Actions by other State officials
 (A)In generalIn addition to a civil action brought by an attorney general under paragraph (1), any other officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general.
 (B)Savings provisionNothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State.
 4.No preemptionNothing in this Act may be construed to preempt any State law.


114 HR 638 IH: Disaster Assistance Fairness and Accountability Act of 2015
U.S. House of Representatives
2015-02-02
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
114th CONGRESS
1st Session
H. R. 638
IN THE HOUSE OF REPRESENTATIVES

February 2, 2015
Mr. MacArthur introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To prohibit the Federal Emergency Management Agency from recouping certain assistance, and for other purposes.

1.Short titleThis Act may be cited as the Disaster Assistance Fairness and Accountability Act of 2015. 2.Recoupment of certain assistance prohibited (a)In generalThe Federal Emergency Management Agency may not take any actions to recoup covered assistance from a recipient of such assistance if—
(1)the— (A)application of the recipient with respect to such assistance was made in good faith and provided accurate information; and
(B)receipt of such assistance could reasonably have been expected by the recipient; or (2)the receipt of such assistance occurred on a date that is more than 3 years before the date on which the Federal Emergency Management Agency first provides to the recipient written notification of an intent to recoup.
(b)Disclosure of faultIn carrying out a recoupment of covered assistance that is not prohibited under subsection (a), the Federal Emergency Management Agency shall provide to the relevant recipient documentation that demonstrates the manner in which the recipient does not satisfy subsection (a)(1). (c)Covered assistance definedIn this section, the term covered assistance means assistance provided—
(1)under section 408 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5174); and (2)in relation to a major disaster declared by the President under section 401 of such Act (42 U.S.C. 5170) on or after January 1, 2012.